Temmco Total Energy Mining Maintenance Company Pty Ltd

[2019] FWCA 5201

[2019] FWCA 5201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temmco Total Energy Mining Maintenance Company Pty Ltd
(AG2019/2374)

TEMMCO QUEENSLAND MECHANICAL MAINTENANCE AND POWER STATIONS WORKPLACE AGREEMENT 2019-2022

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JULY 2019

Application for approval of the Temmco Queensland Mechanical Maintenance and Power Stations Workplace Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Temmco Queensland Mechanical Maintenance and Power Stations Workplace Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Temmco Total Energy Mining Maintenance Company Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. 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.

[4] The Agreement was approved on 25 July 2019 and, in accordance with s.54, will operate from 1 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A