TEMMCO Total Energy Mining Maintenance Company Pty Ltd

[2014] FWCA 3066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

TEMMCO Total Energy Mining Maintenance Company Pty Ltd
(AG2014/4004)

AMWU, TEMMCO PTY LTD, AUSTRALIAN PAPER (MARYVALE MILL) CERTIFIED AGREEMENT 2012 - 2015

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 9 MAY 2014

Application for approval of the AMWU, Temmco Pty Ltd, Australian Paper (Maryvale Mill) Certified Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the AMWU, Temmco Pty Ltd, Australian Paper (Maryvale Mill) Certified Agreement 2012 - 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by TEMMCO Total Energy Mining Maintenance Company Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from TEMMCO Total Energy Mining Maintenance Company Pty Ltd. In accordance with s.191(1) of the Act, the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to this decision as Attachment A and Attachment B.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2014. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Attachment A:

Attachment B:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) lodged an application for the approval of the TEMCO Total Energy Mining Maintenance Company Pty Ltd, Australian Paper (Maryvale Mill) Certified Agreement 2012-2015. The dispute centred around the terms of the proposed agreement, which was intended to cover a range of employment conditions, including wages, hours of work, and other related matters. The parties involved were the AMWU, representing the employees, and TEMCO, representing the employer. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement contained the minimum terms and conditions required by law and whether it complied with the procedural requirements for certification. This involved examining whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The Commission also considered the balance of power between the parties, ensuring that the agreement did not unduly favour one party over the other.

In reaching its decision, the Commission thoroughly analysed the provisions of the proposed agreement against the statutory framework. It found that the agreement contained the necessary minimum terms and conditions, including provisions on wages, leave, and dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and that it provided for a fair and efficient workplace. It noted that the agreement adequately balanced the interests of both parties and did not unduly favour one over the other. Consequently, the Commission approved the agreement, determining that it met all the necessary statutory requirements.

The final orders of the Commission included the approval of the TEMCO Total Energy Mining Maintenance Company Pty Ltd, Australian Paper (Maryvale Mill) Certified Agreement 2012-2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established