TEMMCO Total Energy Mining Maintenance Company Pty Ltd

[2014] FWCA 3066

[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:

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