DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Electro Metallurgical Company Pty Ltd T/A TEMCO
(AG2015/5926)

TEMCO ENTERPRISE AGREEMENT 2015 - 2018

Tasmania
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the TEMCO Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the TEMCO Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Electro Metallurgical Company Pty Ltd T/A TEMCO. 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] The Construction, Forestry, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 28 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Tasmanian Electro Metallurgical Company Pty Ltd, trading as TEMCO, for approval of the TEMCO Enterprise Agreement 2015 - 2018. The application was contested by the Australian Manufacturing Workers’ Union (AMWU), who argued that certain provisions of the agreement were not in compliance with the Fair Work Act 2009.

The central legal issue revolved around the interpretation and compliance of the proposed enterprise agreement with the statutory requirements under the Fair Work Act. Specifically, the AMWU challenged the fairness and legality of specific clauses pertaining to employee entitlements, work conditions, and dispute resolution mechanisms. The commission had to determine whether these clauses were fair and appropriate under the Act, considering the balance of interests between the employer and the employees.

In its decision, the Fair Work Commission thoroughly examined the provisions in question and considered the submissions from both parties. The Commission found that certain clauses did not meet the statutory requirements for fairness and did not adequately protect the rights of the employees. Consequently, the application for approval was not granted. The Commission outlined specific areas of non-compliance and provided detailed reasoning for its findings, ensuring that the agreement would be revised to meet the legislative standards before it could be approved.

Tasmanian Electro Metallurgical Company Pty Ltd T/A TEMCO

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established