DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temmco Total Energy Mining Maintenance Company Pty Ltd T/A Temmco
(AG2019/106)

TEMMCO POWER STATION WESTERN AUSTRALIA MAINTENANCE AND REFURBISHMENT ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 8 MAY 2019

Application for approval of the Temmco Power Station Western Australia Maintenance and Refurbishment Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Temmco Power Station Western Australia Maintenance and Refurbishment Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Temmco Total Energy Mining Maintenance Company Pty Ltd T/A Temmco. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union and The Australian Workers' Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Temmco Total Energy Mining Maintenance Company Pty Ltd, trading as Temmco, applied to the Fair Work Commission for approval of the Temmco Power Station Western Australia Maintenance and Refurbishment Enterprise Agreement 2015-2018. The applicant sought to have the agreement registered under the Fair Work Act 2009, as a modern award. The applicant contended that the agreement was a genuine bargain between the parties, made in good faith, and that it met the criteria for registration as a modern award. The applicant also argued that the agreement contained terms and conditions that were fair and reasonable, and that it did not have an adverse effect on employees.

The Fair Work Commission was required to determine whether the agreement met the requirements for registration as a modern award under the Fair Work Act 2009. The Commission had to consider whether the agreement was a genuine bargain between the parties, made in good faith, and whether it contained terms and conditions that were fair and reasonable. The Commission also had to consider whether the agreement had an adverse effect on employees, and whether it complied with the minimum standards set out in the Fair Work Act 2009.

The Fair Work Commission found that the agreement met the requirements for registration as a modern award. The Commission found that the agreement was a genuine bargain between the parties, made in good faith, and that it contained terms and conditions that were fair and reasonable. The Commission also found that the agreement did not have an adverse effect on employees, and that it complied with the minimum standards set out in the Fair Work Act 2009. The Commission was satisfied that the agreement provided for a fair and reasonable process for resolving disputes between the parties, and that it did not undermine the ability of employees to protect their interests.

The Fair Work Commission approved the Temmco Power Station Western Australia Maintenance and Refurbishment Enterprise Agreement 2015-2018, and registered it as a modern award under the Fair Work Act 2009. The Commission found that the agreement met all the necessary criteria for registration, and that it provided for a fair and reasonable process for resolving disputes between the parties. The Commission also found that the agreement did not have an adverse effect on employees, and that it complied with the minimum standards set out in the Fair Work Act 2009. The applicant was granted the relief it sought, and the agreement was registered as a modern award.

Temmco Total Energy Mining Maintenance Company Pty Ltd T/A Temmco

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established