DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temmco Total Energy Mining Maintenance Company Pty Ltd T/A Temmco
(AG2018/1827)

TEMMCO STANWELL CORPORATION WORKPLACE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 OCTOBER 2018

Application for approval of the Temmco Stanwell Corporation Workplace Agreement 2018

[1] An application has been made for approval of an enterprise agreement known as the Temmco Stanwell Corporation Workplace Agreement 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 5 October 2018 and, in accordance with s.54, will operate from 12 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for the approval of the Temmco Stanwell Corporation Workplace Agreement 2018. The applicant, Temmco Total Energy Mining Maintenance Company, sought the court's approval for the agreement which had been made between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The primary issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. The court had to determine if the agreement was a simple, genuine, and independent bargain between the parties, and whether it provided for fair terms and conditions of employment.

The legal issues that the court needed to address included the genuineness of the agreement, the independence of the parties involved, and whether the terms of the agreement were fair. The court considered the process by which the agreement was negotiated and the evidence presented on whether the union had genuinely represented the employees. It also evaluated the terms of the agreement against the Fair Work Act's requirements, ensuring they did not undermine the protections provided to employees.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and met the criteria for approval. The court concluded that the union had genuinely represented the employees and that the terms of the agreement were fair. The court approved the agreement, recognising it as a simple, genuine, and independent bargain. The decision was based on the evidence presented and the legal framework provided by the Fair Work Act 2009. The approval of the agreement was granted, reflecting the court's determination that it met all the necessary criteria for workplace agreements under Australian law.

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