DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temmco Total Energy Mining Maintenance Company Pty Ltd
(AG2015/2920)

TEMMCO GROUP ENTERPRISE BARGAINING AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JUNE 2015

Application for approval of the Temmco Group Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Temmco Group Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Temmco Total Energy Mining Maintenance Company Pty Ltd sought approval for the Temmco Group Enterprise Bargaining Agreement 2015. The dispute arose from the negotiation process and content of the proposed agreement, which was intended to govern the employment terms and conditions of workers within the company's mining operations.

The central legal issues before the Commission involved whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly concerning the process by which it was negotiated and the fairness of its terms. Key points of contention included the adequacy of the negotiation process, whether the agreement was genuinely negotiated, and if the terms and conditions were fair and reasonable.

The Commission carefully examined the evidence presented regarding the negotiation process, finding that while there were procedural shortcomings, the overall process could be deemed genuine. It further determined that the agreement's terms and conditions were fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. The Commission concluded that the benefits of the agreement outweighed any procedural deficiencies, leading to its approval.

As a result, the Fair Work Commission approved the Temmco Group Enterprise Bargaining Agreement 2015, subject to the conditions and provisions set out in the decision.

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