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

[2016] FWCA 6254

[2016] FWCA 6254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temmco Total Energy Mining Maintenance Company Pty Ltd T/A Temmco
(AG2016/3737)

TEMMCO PTY LTD ALCOA OPERATIONS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 2 SEPTEMBER 2016

Application for approval of the Temmco Pty Ltd Alcoa Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Temmco Pty Ltd Alcoa Operations Enterprise Agreement 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, 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 contained a minor cross-referencing error at clause 31.1. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has 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 organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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ANNEXURE A