Temmco Total Energy Mining Maintenance Company Pty Ltd

[2021] FWCA 6336

[2021] FWCA 6336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temmco Total Energy Mining Maintenance Company Pty Ltd
(AG2021/7788)

TEMMCO PTY LTD CERTIFIED AGREEMENT FOR YALLOURN POWER STATION AND OPEN CUT MINE VICTORIA, 2021

Mining industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 OCTOBER 2021

Application for approval of the Temmco Pty Ltd Certified Agreement for Yallourn Power Station and Open Cut Mine Victoria, 2021

[1] Temmco Total Energy Mining Maintenance Company Pty Ltd has made an application for approval of the Temmco Pty Ltd Certified Agreement for Yallourn Power Station and Open Cut Mine Victoria, 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] I note that in a decision dated 6 August 2021 ([2021] FWC 4831), I dismissed an application for approval of an agreement in similar terms and with the same name as the Agreement on the basis that I was not satisfied that at the time of the vote, the employees who voted to approve it were persons who would be covered by the agreement. I was not satisfied that the agreement had been made in accordance with s 182(1), and I was therefore not satisfied that the agreement was genuinely agreed to by employees within the meaning of s 188. In the present matter, the company has provided sufficient information concerning the employees who voted on the agreement to allow me to be satisfied that the group of employees who were employed at the time of the vote were the employees who would be covered by the Agreement. I am satisfied that the Agreement was made in accordance with s 182(1), and that the Agreement was genuinely agreed to by employees.

[4] The Agreement was approved on 22 October 2021 and, in accordance with s 54, will operate from 29 October 2021. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

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