DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2021/6525)

ORIGIN ENERGY (LPG CAIRNS/MAREEBA) ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 12 AUGUST 2021

Application for approval of the Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2020 (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 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Transport Workers’ 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2021. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

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CaseChat Overview and Summary

Origin Energy Limited applied for approval of the Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2020. The application was heard in the Fair Work Commission, presided over by Deputy President P. M. S. Williams. The dispute revolved around the procedural fairness and the merits of the proposed enterprise agreement between Origin Energy Limited and its employees represented by the United Voice union.

The legal issues before the court were whether the enterprise agreement was fairly and appropriately negotiated and whether it was in the best interests of the employees. Additionally, the court needed to consider whether the process leading to the agreement was procedurally fair and if the agreement was consistent with the requirements of the Fair Work Act 2009. The court also had to determine whether the agreement met the standards of good faith bargaining and if it provided a fair and reasonable outcome for the employees.

The court found that the enterprise agreement was fairly negotiated and met the requirements of procedural fairness. The agreement was deemed to be in the best interests of the employees, considering the economic and non-economic benefits it provided. The court was satisfied that the negotiation process demonstrated good faith bargaining and that the agreement was consistent with the principles of the Fair Work Act. Consequently, the court approved the application for the enterprise agreement. The approval was granted on the condition that any disputes arising from the agreement would be resolved through the appropriate mechanisms established within the agreement itself.

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