Total Energy Mining Maintenance Company Pty Ltd T/A TEMMCO

[2013] FWCA 10189

[2013] FWCA 10189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Energy Mining Maintenance Company Pty Ltd T/A TEMMCO
(AG2013/11426)

TEMMCO PTY LIMITED POWER STATIONS ENTERPRISE BARGAINING AGREEMENT 2012 - 2016

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 24 DECEMBER 2013

Application for approval of the Temmco Pty Limited Power Stations Enterprise Bargaining Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Temmco Pty Limited Power Stations Enterprise Bargaining Agreement 2012 - 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Total Energy Mining Maintenance Company Pty Ltd T/A TEMMCO. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from TEMMCO. In accordance with s.191(1) of the Act the undertaking are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2013. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

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