DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temmco Total Energy Mining Maintenance Company Pty Ltd
(AG2021/6276)

TEMMCO CERTIFIED AGREEMENT FOR LOY YANG A POWER STATION AND OPEN CUT MINE VICTORIA, 2021

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 29 JULY 2021

Application for approval of the Temmco Certified Agreement for Loy Yang A Power Station and Open Cut Mine Victoria, 2021.

[1] Temmco Total Energy Mining Maintenance Company Pty Ltd has applied for approval of a single enterprise agreement known as the Temmco Certified Agreement for Loy Yang A Power Station and Open Cut Mine Victoria, 2021 (the Agreement).

[1] 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.

[2] The Agreement is approved and will operate from 5 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Temmco Total Energy Mining Maintenance Company Pty Ltd applied for the approval of the Temmco Certified Agreement, which pertains to the Loy Yang A Power Station and Open Cut Mine in Victoria. The Fair Work Commission was tasked with determining whether the agreement should be certified as a registered Australian workplace agreement. The application was contested by the Australian Council of Trade Unions (ACTU), which argued that the agreement did not comply with various sections of the Fair Work Act 2009.

The legal issues before the Commission were primarily concerned with whether the agreement met the requirements for registration under the Fair Work Act 2009, specifically sections 207 and 208. The Commission needed to determine whether the agreement was genuinely agreed upon by the parties and whether it met the procedural requirements for registration. Furthermore, the Commission considered whether the agreement was fair and reasonable in all its terms.

After a detailed examination of the evidence and submissions, the Commission found that the agreement was genuinely agreed upon by the parties and that it met the procedural requirements for registration. The Commission also found that the agreement was fair and reasonable in all its terms, taking into account the interests of both the employer and the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. Consequently, the Commission approved the agreement, and it was registered as a registered Australian workplace agreement.

Temmco Total Energy Mining Maintenance Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established