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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Temmco Total Energy Mining Maintenance Company Pty Ltd, trading as Temmco, and its employees. The dispute centred around the application for approval of the Temmco Pty Ltd Alcoa Operations Enterprise Agreement 2016. The matter was heard in the Fair Work Commission, which has jurisdiction over such industrial disputes.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, provided for a genuine enterprise, and met the requirements for independent authorisation. The Commission also needed to consider if the agreement provided for appropriate mechanisms for the resolution of disputes and whether it was fair and reasonable in terms of its provisions.

In assessing the agreement, the Commission examined the process by which it was negotiated and concluded. The Commission found that the agreement was negotiated in good faith and represented a genuine enterprise agreement. It determined that the agreement contained adequate provisions for the resolution of disputes and was fair and reasonable in its terms. The Commission noted that while there were some concerns raised by stakeholders, these did not outweigh the overall benefits of the agreement to the employees and the employer. Based on this assessment, the Commission approved the Temmco Pty Ltd Alcoa Operations Enterprise Agreement 2016.

The Fair Work Commission approved the enterprise agreement, finding it met all the necessary criteria for approval under the Fair Work Act 2009. The decision highlights the importance of ensuring that enterprise agreements are negotiated in good faith and provide for fair and reasonable terms for both employers and employees.

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