Total Energy Mining Maintenance Company Pty Ltd Summary

[2016] FWCA 756

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Total Energy Mining Maintenance Company Pty Ltd T/A TEMMCO

(AG2015/7821)

TEMMCO POWER STATION WESTERN AUSTRALIA

MAINTENANCE AND REFURBISHMENT ENTERPRISE

AGREEMENT 2015/2018

Manufacturing and associated industries

COMMISSIONER ROE

SYDNEY, 4 FEBRUARY 2016

Application for approval of the Temmco Power Station Western Australia Maintenance and

Refurbishment Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the

Temmco Power Station Western Australia Maintenance and Refurbishment Enterprise

Agreement 2015-2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union (AWU) and the “Automotive, Food, Metals,

Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing

Workers’ Union (AMWU) being the bargaining representatives for the Agreement, have

given notice under s.183 of the Act that they want the Agreement to cover them. In

accordance with s.201(2) I note that the Agreement covers the organisations.
[2016] FWCA 756

[4] The Agreement was approved on 4 February 2016 and, in accordance with s.54, will

operate from Thursday 11 February 2016. The nominal expiry date of the Agreement is 30

June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Energy Mining Maintenance Company Pty Ltd, trading as TEMMCO, applied for the approval of the Temmco Power Station Western Australia Maintenance and Refurbishment Enterprise Agreement 2015-2018 (the Agreement) under section 185 of the Fair Work Act 2009. The Agreement, which was intended to cover employees involved in the maintenance and refurbishment of the Temmco Power Station in Western Australia, was submitted for approval by the Australian Workers’ Union and the Australian Manufacturing Workers’ Union. These unions, acting as bargaining representatives, sought to ensure that the Agreement would apply to them. The Fair Work Commission was tasked with determining whether the application met the legal requirements for approval, including whether the Agreement covered a fairly chosen group of employees.

The Commission was required to decide whether the Agreement met the criteria set out in sections 186, 187, and 188 of the Act. These sections outline the conditions for approving an enterprise agreement, including the requirement that the agreement cover a fairly chosen group of employees. The Commission also had to consider whether the Agreement was consistent with the provisions of the Fair Work Act and whether it complied with the relevant standards and processes. Given that the Agreement did not cover all employees of the employer, the Commission had to assess whether the group of employees covered by the Agreement was fairly chosen, taking into account the factors specified in section 186(3) and (3A) of the Act.

After considering the application and the evidence presented, the Commissioner concluded that all relevant requirements for approval had been satisfied. The Commissioner found that the Agreement was consistent with the Fair Work Act and that the group of employees covered by the Agreement was fairly chosen. The Commissioner noted that the Agreement was supported by the Australian Workers’ Union and the Australian Manufacturing Workers’ Union, as required by section 183 of the Act. The Commissioner approved the Agreement on 4 February 2016, and it was set to operate from 11 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

Total Energy Mining Maintenance Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established