Temmco Total Energy Mining Maintenance Company Pty Ltd

[2013] FWCA 2015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temmco Total Energy Mining Maintenance Company Pty Ltd
(AG2013/5774)

TEMMCO AMWU CERTIFIED AGREEMENT FOR YALLOURN POWER STATION AND OPENCUT MINE VICTORIA, 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 APRIL 2013

Application for approval of the Temmco AMWU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012.

[1] An application has been made for approval of an enterprise agreement known as the Temmco AMWU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Temmco Total Energy Mining Maintenance Company Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] An undertaking has been given in relation to clauses 7 and 21 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

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

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 10 April 2013. The nominal expiry date of the Agreement is 31 March 2016

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, Temmco Total Energy Mining Maintenance Company Pty Ltd applied for the approval of the Temmco AMWU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012. The Australian Manufacturing Workers' Union (AMWU) and Temmco had reached an agreement on several terms and conditions of employment, including wages and other entitlements. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues involved assessing whether the agreement complied with the requirements for certification under the Act. The Commission considered whether the agreement contained only matters that could be the subject of a registered agreement, if the agreement had been made in good faith, and if it provided for a fair and efficient system of dispute resolution. Another key issue was whether the agreement met the 'better off overall test', ensuring that employees were not worse off in terms of their overall pay and conditions.

The Commission found that the agreement met the statutory requirements for approval. It was determined that the agreement was made in good faith and contained only matters that could be the subject of a registered agreement. Furthermore, the agreement was found to be efficient and fair, with a robust system of dispute resolution. Importantly, the Commission concluded that the agreement passed the better off overall test, as it provided for improvements in various terms and conditions for the employees.

As a result of this determination, the Commission approved the Temmco AMWU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012. This decision ensures that the agreement will be legally binding on the parties and will govern the employment conditions of the workforce at the specified location.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established