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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Temmco Total Energy Mining Maintenance Company Pty Ltd, trading as Temmco, sought approval of the Temmco Certified Agreement For Yallourn Power Station and Open Cut Mine Victoria, 2016. The applicant, representing employees of Temmco, argued that the agreement met the necessary requirements for approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission (FWC), which needed to determine if the agreement complied with the statutory criteria.

The central issue for the FWC was whether the agreement contained all the necessary terms and conditions required by section 232 of the Fair Work Act. Specifically, the FWC needed to confirm that the agreement included all the prescribed minimum terms and conditions and did not include prohibited content as outlined in section 235. Additionally, the FWC needed to be satisfied that the agreement was made in good faith and without coercion.

The FWC examined the agreement clause by clause, ensuring it contained all the prescribed minimum terms and conditions as stipulated in the Fair Work Act. The FWC also assessed whether the agreement contained any prohibited content that would render it invalid. After careful consideration, the FWC concluded that the agreement was comprehensive and did not include any prohibited terms, thereby meeting all the statutory requirements for approval. Consequently, the FWC approved the agreement.

In light of its findings, the FWC approved the Temmco Certified Agreement For Yallourn Power Station and Open Cut Mine Victoria, 2016, as compliant with the Fair Work Act. The approval was effective from the date of the FWC's decision, ensuring that the agreement would govern the employment terms and conditions of the employees covered by the agreement.

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