Tasmanian Electro Metallurgical Company Pty Ltd

[2019] FWCA 4448

[2019] FWCA 4448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Electro Metallurgical Company Pty Ltd
(AG2019/1305)

TEMCO ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 JUNE 2019

Application for approval of the TEMCO Enterprise Agreement 2018.

[1] Tasmanian Electro Metallurgical Company Pty Ltd has applied for approval of a single enterprise agreement known as the TEMCO Enterprise Agreement 2018 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] Since the application was made on 18 April 2019, concerns were raised in relation to whether the Agreement passes the “better off overall” test and includes a term for settling disputes in the required form. A typographical error was also identified.

[3] The Applicant and the bargaining representatives addressed these matters in conference on 14 June 2019 and the Applicant then sought to provide further information in relation to the concerns. The bargaining representatives were afforded the opportunity to provide any further views.

[4] An amended Agreement page was lodged correcting the typographical error at clause 14.20. I am satisfied that this correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] A written undertaking was given in accordance with s.190 of the Act (attached at Annexure A). I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[6] Noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[7] On the basis of the material contained in the application, the amended Agreement page, further information provided on request of the Commission and subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[8] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers the organisations.

[9] The Agreement was approved on 26 June 2019 and, in accordance with s.54, will operate from 3 July 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A