DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Earing Services Pty Ltd
(AG2017/1238)

ORIGIN ENERGY ERARING SERVICES ENTERPRISE AGREEMENT 2017

Electrical power industry
COMMISSIONER ROE	MELBOURNE, 8 MAY 2017

Application for approval of the Origin Energy Eraring Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy Eraring Services Enterprise Agreement 2017 (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 Eraring Services Pty Ltd. 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 Association of Professional Engineers, Scientists and Managers, Australia, The (APESMA), Construction, Forestry, Mining and Energy Union (CFMEU), Australian Municipal, Administrative, Clerical and Services Union (ASU), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), CPSU, the Community and Public Sector Union (CPSU), Australian Workers’ Union (AWU), Australian Institute of Marine and Power Engineers (AIMPE), 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 8 May 2017 and, in accordance with s.54, will operate from 15 May 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Earing Services Pty Ltd applied to the Fair Work Commission for approval of the Origin Energy Eraring Services Enterprise Agreement 2017. The application was made by the employer, seeking to finalise and approve the proposed enterprise agreement with the employees of Origin Energy Earing Services. The Fair Work Commission was required to assess whether the agreement complied with the relevant legislative provisions and whether it met the criteria for approval under the Fair Work Act 2009.

The court needed to determine whether the agreement provided for the terms and conditions of employment that were fair and reasonable, and if it adhered to the procedural requirements outlined in the Fair Work Act. Key issues included whether the agreement was genuinely negotiated, if it included adequate provisions for employee representation, and whether it satisfied the 'better off overall test' for employees. The court also had to consider whether the agreement met the procedural requirements, including the proper notification and consultation processes with the employees.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated, contained provisions for employee representation, and was in the best interests of the employees as it provided them with a better overall package. The agreement was also found to comply with all procedural requirements, including adequate consultation and notification processes. As a result, the Commission approved the enterprise agreement, finding it met all necessary criteria under the Fair Work Act. The decision was made in favour of the applicant, and the enterprise agreement was approved and registered.

The final orders of the Commission included the approval and registration of the Origin Energy Eraring Services Enterprise Agreement 2017. The agreement was to be in effect from the date of the decision, and all parties were bound by its terms and conditions. The approval was subject to any potential future variations or amendments to the agreement as per the legislative framework.

Origin Energy Earing Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established