Temmco Total Energy Mining Maintenance Company Pty Ltd

[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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CaseChat Overview and Summary

In the recent decision of Temmco Total Energy Mining Maintenance Company Pty Ltd, the Fair Work Commission was tasked with determining whether to approve the Temmco Stanwell Corporation Workplace Agreement 2021. The dispute arose between the applicant, Temmco, and the respondent, the Australian Manufacturing Workers Union. The primary focus of the case was the proposed terms and conditions outlined in the agreement, which were being contested by the union on behalf of its members.

The key legal issues that the Fair Work Commission had to address included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for approval under the Fair Work (Registered Organisations) Act 2009. Specifically, the commission examined the fairness of the agreement's terms, particularly those related to wages, working hours, and employee protections. The union argued that certain provisions were not in line with the principles of fairness and equity as required by law.

The Fair Work Commission, after considering the arguments and evidence presented by both parties, found that the proposed agreement was generally fair and met the statutory requirements. The commission noted that while some aspects of the agreement could be improved, the overall balance of the terms was fair and reasonable. The union's concerns about specific provisions were addressed, and modifications were suggested to ensure compliance with the relevant legislation. Consequently, the commission approved the agreement with certain conditions and modifications.

The final orders of the commission included the approval of the Temmco Stanwell Corporation Workplace Agreement 2021, subject to the modifications made to address the union's concerns. The agreement now serves as a legally binding framework for the employment terms and conditions between Temmco and the union's members, reflecting a compromise that satisfies the statutory requirements of fairness and equity.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established