Temmco Total Energy Mining Maintenance Company Pty Ltd

[2021] FWCA 5860

[2021] FWCA 5860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temmco Total Energy Mining Maintenance Company Pty Ltd
(AG2021/7350)

TEMMCO STANWELL CORPORATION WORKPLACE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 SEPTEMBER 2021

Application for approval of the Temmco Stanwell Corporation Workplace Agreement 2021.

[1] Temmco Total Energy Mining Maintenance Company Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Temmco Stanwell Corporation Workplace Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 September 2021

[3] On 15 September 2021, my Chambers sent correspondence to the parties bringing certain concerns with the Agreement to their attention. The concerns were as follows:

•  The parties were notified that that should the Agreement be approved, the approval decision will note that the Agreement will commence 7 days following approval pursuant to s.54(1)(a) of the Act as opposed to the commencement date in clause B4.

•  Clause C1.9: Abandonment of employment, may be inconsistent with the National Employment Standards (NES) at section 117 of the Act however the NES precedence term at clause B7 is deemed to resolve this NES inconsistency.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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