DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2015/5627)

AMWU, ETU, AWU ORIGIN ENERGY BASSGAS OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2015

Oil and gas industry
DEPUTY PRESIDENT HAMILTON	SYDNEY, 25 NOVEMBER 2015

Application for approval of the AMWU, ETU, AWU Origin Energy BassGas Operations and Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AMWU, ETU, AWU Origin Energy Bassgas Operations and Maintenance Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Origin Energy Limited. The agreement is a single-enterprise agreement.

[2] 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) of Australia, 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 the organisation.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 the organisation.

[5] The Australian Workers Union, whilst being a bargaining representative for the Agreement has not to give notice under s.183 of the Act that it wants the Agreement to cover it. Therefore, the Agreement does not cover the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, AMWU, ETU, and AWU, sought approval of the enterprise agreement with Origin Energy BassGas Operations. The application was heard in the Fair Work Commission, where the key dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009. The union argued the agreement was fair and reasonable, while Origin Energy contested certain provisions, claiming they were not adequately addressed in the agreement.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions for the employees, whether the agreement was made in good faith, and whether the agreement adequately dealt with the employees' needs and interests. The Commission had to consider the provisions of the Act and whether the agreement complied with these provisions, particularly in relation to minimum entitlements and the requirements for good faith bargaining.

The Fair Work Commission found that the agreement was fair and reasonable, met the requirements of the Act, and was made in good faith. The Commission noted that while some provisions were contested, the overall balance of the agreement was fair and met the needs of the employees. The Commission approved the agreement, highlighting the importance of the bargaining process and the need for all parties to work collaboratively to reach a fair outcome.

The Commission approved the AMWU, ETU, AWU Origin Energy BassGas Operations and Maintenance Enterprise Agreement 2015, confirming its compliance with the Fair Work Act 2009. The agreement is now in effect, governing the terms and conditions of employment for the employees covered by the agreement.

AMWU, ETU, AWU ORIGIN ENERGY BASSGAS OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2015

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established