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

[2017] FWCA 4579

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/2782)

Temmco Group Enterprise Bargaining Agreement 2017

Manufacturing and associated industries
Commissioner Harper-Greenwell	MELBOURNE, 4 SEPTEMBER 2017

Application for approval of the Temmco Group Enterprise Bargaining Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Temmco Group Enterprise Bargaining Agreement 2017 (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.

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.

The Agreement was approved on 4 September 2017 and, in accordance with s.54, will operate from 11 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Temmco Total Energy Mining Maintenance Company Pty Ltd, trading as Temmco, applied for the approval of the Temmco Group Enterprise Bargaining Agreement 2017 before the Fair Work Commission. The dispute involved the terms and conditions of employment for the workers within Temmco's group, which included various mining and maintenance operations. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised objections regarding the fairness and compliance of the proposed agreement with the relevant legislative framework.

The legal issues before the commission were centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Key concerns included whether the agreement provided for fair and reasonable terms and conditions, if it included appropriate dispute resolution mechanisms, and if it adhered to the procedural fairness mandated by the Act. Additionally, the commission needed to consider the impact of the agreement on the employees and the bargaining power dynamics between the employer and the union.

The commission carefully examined the provisions of the agreement, weighing the arguments from both Temmco and the CFMEU. It assessed the fairness of the terms and conditions, the effectiveness of the dispute resolution processes, and the procedural fairness observed during the negotiation and drafting of the agreement. After thorough consideration, the commission found that the agreement was fair and reasonable, met all legislative requirements, and did not unfairly disadvantage the employees. Consequently, the commission approved the Temmco Group Enterprise Bargaining Agreement 2017.

The final orders of the commission included the approval of the agreement, with specific conditions that Temmco must adhere to in implementing the agreement. These conditions ensured compliance with the legislative framework and the protection of employee rights. The decision reinforced the importance of fair and balanced enterprise agreements in maintaining harmonious industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established