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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Temmco Total Energy Mining Maintenance Company Pty Ltd applied to the Fair Work Commission for approval of their proposed workplace agreement. The applicant, a company engaged in mechanical maintenance and power station work, sought to implement a new agreement covering the period from 2019 to 2022. The dispute arose as the Fair Work Commission needed to determine whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Fair Work Commission centred on whether the proposed agreement met the necessary conditions for approval. Specifically, the Commission had to consider if the agreement was made in good faith and whether it provided for the proper operation of the enterprise. Additionally, the Commission had to ensure that the agreement complied with any applicable modern awards or registered agreements and did not adversely affect the rights of employees.

In its decision, the Fair Work Commission found that the proposed agreement complied with the statutory requirements. The Commission determined that the agreement was made in good faith and facilitated the proper operation of the enterprise. It also concluded that the agreement did not contravene any applicable modern awards or registered agreements and did not adversely affect the rights of employees. Consequently, the Commission approved the application and endorsed the proposed workplace agreement.

The Fair Work Commission approved the Temmco Queensland Mechanical Maintenance and Power Stations Workplace Agreement 2019-2022, finding it to be compliant with the Fair Work Act 2009. The Commission's decision was based on its assessment that the agreement was made in good faith, facilitated the proper operation of the enterprise, and did not contravene applicable awards or adversely affect employee rights.

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