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

[2017] FWCA 2220

[2017] FWCA 2220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temmco Total Energy Mining Maintenance Company Pty Ltd T/A Temmco
(AG2017/859)

TEMMCO CERTIFIED AGREEMENT FOR YALLOURN POWER STATION AND OPEN CUT MINE VICTORIA, 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 APRIL 2017

Application for approval of the Temmco Certified Agreement For Yallourn Power Station and Open Cut Mine Victoria, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Temmco Certified Agreement for Yallourn Power Station and Open Cut Mine Victoria, 2016 (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 Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 21 April 2017 and, in accordance with s.54, will operate from 28 April 2017. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

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Annexure A