Tena-Koe Pty Ltd

[2013] FWCA 2764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tena-Koe Pty Ltd
(AG2013/6032)

TENA-KOE PTY LTD CFMEU CERTIFIED AGREEMENT FOR YALLOURN POWER STATION AND OPENCUT MINE VICTORIA, 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 MAY 2013

Application for approval of the Tena-Koe Pty Ltd CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria,2012.

[1] An application has been made for approval of an enterprise agreement known as the Tena-Koe Pty Ltd CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Tena-Koe Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 10 May 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tena-Koe Pty Ltd sought approval for the Tena-Koe Pty Ltd CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a low-paid industry award, as it was being applied to employees earning below the threshold set by the relevant award.

The Commission reviewed the agreement in light of the statutory provisions and relevant case law. It examined whether the terms of the agreement provided for a reasonable balance between the interests of employers and employees, considering the nature of the industry and the specific circumstances of the workplace. The Commission found that the proposed agreement contained terms that were consistent with the objectives of the Fair Work Act, including provisions for fair and equitable working conditions. The Commission concluded that the agreement was in the best interests of the employees and approved the application, subject to certain conditions.

The Commission made an order approving the application for the Tena-Koe Pty Ltd CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012, effective from 1 July 2012. The order included specific conditions that the agreement must be implemented in accordance with the Fair Work Act and that any disputes arising from the agreement must be resolved through the appropriate dispute resolution processes. This decision provided clarity and legal certainty for the parties involved and reinforced the importance of fair and balanced industrial agreements in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established