Techware Pty Ltd Summary

[2024] FWCA 2840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Techware Pty Ltd

(AG2024/2386)

TECHWARE ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 AUGUST 2024

Application for approval of the Techware Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Techware Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 August 2024. The nominal expiry date of the Agreement is 1 August 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Techware Pty Ltd applied for approval of the Techware Enterprise Agreement 2024. The agreement was to be made under section 231 of the Fair Work Act 2009. The Australian Bureau of Industrial and Workplace Relations, as a party to the agreement, also sought approval. The case was heard by the Fair Work Commission.

The key legal issues revolved around whether the agreement met the requirements of section 231 of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained the necessary minimum terms and conditions as prescribed by the Fair Work Act, and whether the agreement was made in good faith. The court also considered if the agreement was in the best interest of the employees, and whether it provided adequate protections.

The Fair Work Commission determined that the Techware Enterprise Agreement 2024 did indeed meet the statutory requirements. The agreement was found to include all the necessary minimum terms and conditions, and was made in good faith. The Commission concluded that the agreement was in the best interest of the employees and provided adequate protections. The Commission approved the agreement, noting the fair balance between the rights and interests of the employer and the employees.

The final orders of the Fair Work Commission were that the Techware Enterprise Agreement 2024 was approved and could be registered with the Fair Work Commission. The agreement was to come into effect from the date of the approval and would bind all parties involved.

Techware Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established