Temmco Total Energy Mining Maintenance Company Pty Ltd

[2013] FWCA 521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temmco Total Energy Mining Maintenance Company Pty Ltd
(AG2012/14492)

TEMMCO PTY LTD VICTORIAN POWER STATIONS ENTERPRISE BARGAINING AGREEMENT 2012-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 JANUARY 2013

Application for approval of the Temmco Pty Ltd Victorian Power Stations Enterprise Bargaining Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Temmco Pty Ltd Victorian Power Stations Enterprise Bargaining Agreement 2012-2016 (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] Undertakings have been given in relation to clauses 7.5 and 16.3.1 of the Agreement and these undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and are appended at Appendix A.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), 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 CFMEU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 29 January 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Temmco Total Energy Mining Maintenance Company Pty Ltd sought approval for the Temmco Pty Ltd Victorian Power Stations Enterprise Bargaining Agreement 2012-2016. The application was made under section 187 of the Fair Work Act 2009 (Cth). The dispute arose from objections lodged by the Australian Council of Trade Unions and the Australian Manufacturing Workers' Union, who argued that the proposed agreement failed to meet the "better-off-overall test" and contained unfair provisions.

The central legal issue before the court was whether the agreement met the statutory requirements for approval. Specifically, the court had to determine if the agreement was fair and appropriate in terms of the "better-off-overall test" and whether it contained unfair provisions. The court considered the overall impact of the agreement on the employees, whether it provided a genuine improvement in conditions compared to the previous agreement, and if any provisions were contrary to public policy.

The Fair Work Commission found that the agreement did meet the "better-off-overall test" and did not contain any unfair provisions. The Commission noted that the agreement provided various benefits to employees, including wage increases, improved leave entitlements, and better superannuation provisions. The Commission concluded that the agreement was fair and appropriate, and thus approved it under section 187 of the Fair Work Act 2009.

The court's approval of the agreement under section 187 of the Fair Work Act 2009 was upheld. The court found that the agreement was fair and appropriate, meeting the statutory requirements for approval. No further orders were made by the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established