DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tarac Technologies Pty Ltd T/A Tarac Technologies
(AG2016/2888)

TARAC TECHNOLOGIES 2016 ENTERPRISE AGREEMENT - TRADES

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MAY 2016

Application for approval of the Tarac Technologies 2016 Enterprise Agreement - Trades.

[1] An application has been made for approval of an enterprise agreement known as the Tarac Technologies 2016 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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 26 May 2016 and, in accordance with s.54, will operate from 2 June 2016. The nominal expiry date of the Agreement is 1 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tarac Technologies Pty Ltd trading as Tarac Technologies, sought approval of the Tarac Technologies 2016 Enterprise Agreement under the Fair Work Act 2009. The dispute involved the certification of the agreement by the Fair Work Commission, which was challenged by an objecting party. The case was heard in the Fair Work Commission, with the Commission being responsible for determining whether the agreement met the necessary criteria for approval.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, particularly focusing on the representation of employees, the process of agreement making, and the content of the agreement itself. The objecting party raised concerns about the representativeness of the applicant, the manner in which the agreement was negotiated, and the fairness of the terms contained within the agreement. The Commission had to consider these objections and assess whether they were substantiated by the evidence provided.

In its decision, the Commission examined the evidence regarding the representativeness of the applicant and concluded that the applicant did represent a majority of the relevant employees. The Commission also reviewed the process of agreement making, finding that it was conducted in a fair and transparent manner. Regarding the content of the agreement, the Commission considered the objections raised and found that the terms were not unfair or unreasonable. Consequently, the Commission approved the Tarac Technologies 2016 Enterprise Agreement.

The Fair Work Commission approved the Tarac Technologies 2016 Enterprise Agreement, rejecting the objections raised by the objecting party. The decision was made on the basis that the applicant was representative of the employees, the agreement making process was fair, and the terms of the agreement were not unfair or unreasonable. The Commission's decision provided clarity on the criteria for approving enterprise agreements and reinforced the importance of fair and transparent processes in the negotiation of such agreements.

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