Total Energy Mining Maintenance Company Pty Ltd T/A TEMMCO

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Total Energy Mining Maintenance Company Pty Ltd, trading as TEMMCO, applied to the Fair Work Commission for the approval of the Temmco Pty Limited Power Stations Enterprise Bargaining Agreement 2012 - 2016. The application arose from negotiations between TEMMCO and the relevant union. The dispute centred on various terms and conditions contained within the proposed agreement, including wages, working hours, and dispute resolution mechanisms.

The central legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test" (BOOT). The Commission needed to determine if the agreement provided employees with terms and conditions that were at least as good as those provided under the relevant award or modern award, and whether it offered a genuine benefit to the employees.

The Fair Work Commission assessed the proposed agreement against the statutory criteria. It found that the agreement met the BOOT by providing employees with improved wages and conditions, including increased holiday pay and better shift differentials. The Commission also noted that the agreement contained robust dispute resolution mechanisms. Consequently, the Commission approved the agreement, finding that it met the legislative requirements and provided genuine benefits to the employees.

The Fair Work Commission approved the Temmco Pty Limited Power Stations Enterprise Bargaining Agreement 2012 - 2016, effective from the date of the decision. The approval was based on the finding that the agreement satisfied the statutory criteria under the Fair Work Act 2009 and met the BOOT. The agreement was to be registered and enforceable as a registered agreement from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established