DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2021/6593)

ORIGIN ENERGY (LPG MACKAY) ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 18 AUGUST 2021

Application for approval of the Origin Energy (LPG Mackay) Enterprise Agreement 2021.

[1] Origin Energy Limited has applied for approval of a single enterprise agreement known as the Origin Energy (LPG Mackay) Enterprise Agreement 2021 (the Agreement).

[2] The Agreement copy voted on by employees contained mechanical and formatting errors in the ‘contents’ pages (page 2 and 3). The Applicant sought to correct the errors by filing an amended copy of the Agreement. I am satisfied that the corrections should be made and that it is appropriate to do so under to s.586 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate from 25 August 2021. The nominal expiry date of the Agreement is 25 March 2022.

[5] The Agreement does not contain a flexibility term. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited sought approval of a proposed enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The central issue was whether the proposed agreement complied with the good faith bargaining requirements and other statutory provisions of the Fair Work Act. The Fair Work Commission examined whether the parties had genuinely attempted to negotiate in good faith and whether the agreement met the procedural fairness standards.

The Commission found that the negotiations had been conducted in good faith, and there was no evidence of coercion or undue influence. The proposed agreement was scrutinised to ensure it aligned with the statutory requirements, including provisions for employee protections and workplace standards. After considering the submissions and evidence presented by both parties, the Commission concluded that the agreement met the necessary criteria for approval. The Commission approved the enterprise agreement, acknowledging the parties' efforts in reaching a mutually acceptable outcome.

In approving the enterprise agreement, the Fair Work Commission emphasised the importance of genuine negotiation and compliance with the Act. The Commission highlighted the satisfactory conduct of the parties and the substantive fairness of the agreement's terms. The decision was made to facilitate a stable and productive workplace environment. The Commission's approval of the Origin Energy (LPG Mackay) Enterprise Agreement 2021 was based on a comprehensive assessment of the negotiation process and the content of the agreement.

Origin Energy Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established