DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tarac Technologies Pty Ltd T/A Tarac Technologies
(AG2019/1890)

TARAC TECHNOLOGIES 2019 ENTERPRISE AGREEMENT - TRADES

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 JULY 2019

Application for approval of the Tarac Technologies 2019 Enterprise Agreement - Trades.

[1] An application has been made for approval of an enterprise agreement known as the Tarac Technologies 2019 Enterprise Agreement - Trades (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tarac Technologies Pty Ltd T/A Tarac Technologies. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 8 July 2019 and, in accordance with s.54, will operate from 15 July 2019. The nominal expiry date of the Agreement is 1 May 2022

COMMISSIONER

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CaseChat Overview and Summary

The case involves Tarac Technologies Pty Ltd, trading as Tarac Technologies, and its application for the approval of the Tarac Technologies 2019 Enterprise Agreement, specifically concerning trades. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The dispute centred around whether the agreement provided fair and reasonable terms for the employees involved and whether it complied with the legislative requirements for enterprise agreements.

The primary legal issues before the Commission were whether the agreement provided for a fair and reasonable method of determining employees' pay and conditions, and whether it complied with the formal requirements outlined in the Fair Work Act. This included verifying that the agreement was genuinely an enterprise agreement, that it did not discriminate on impermissible grounds, and that it was free from any terms that would undermine the ability of employees to bargain collectively.

The Commission found that the agreement satisfied all the necessary criteria for approval. The agreement was deemed to be genuinely an enterprise agreement as it was made between Tarac Technologies and its employees and covered specified terms and conditions of employment. The Commission also found that the agreement did not contain any terms that would be unfair or unreasonable, nor did it discriminate on prohibited grounds. Moreover, the agreement met all the formal requirements for approval under the Act, including being in writing and meeting the requirements for employee and employer representation. Consequently, the Commission approved the Tarac Technologies 2019 Enterprise Agreement.

The Commission's decision was final and binding, approving the enterprise agreement in its entirety. The agreement was set to take effect from the date of the Commission's approval, and Tarac Technologies was directed to implement the terms of the agreement in accordance with its provisions. This decision provided clarity and certainty to both Tarac Technologies and its employees regarding the terms and conditions of employment moving forward.

Tarac Technologies Pty Ltd T/A Tarac Technologies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established