DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2021/5734)

ORIGIN ENERGY (LPG SHEPPARTON & DANDENONG) ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 JULY 2021

Application for approval of the Origin Energy (LPG Shepparton & Dandenong) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Shepparton & Dandenong) Enterprise Agreement 2021 (the Agreement). The application was made on 22 June 2021 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] The matter was allocated to my Chambers on 28 June 2021 and was determined on the papers.

[3] 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.

[4] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 5 July 2021 and, in accordance with s.54, will operate from 12 July 2021. The nominal expiry date of the Agreement is 1 February 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Origin Energy Limited, the Fair Work Commission was called upon to assess the proposed Enterprise Agreement between the company and its employees, specifically focusing on the LPG operations in Shepparton and Dandenong. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was required to ensure that the agreement provided for fair and reasonable terms and conditions of employment, including matters such as wages, hours of work, and other employment conditions. Origin Energy Limited argued that the agreement was fair and reasonable, while some employee representatives contested certain provisions, primarily focusing on the implications for job security and working conditions.

The legal issues before the Commission included whether the agreement appropriately balanced the interests of the employees and the employer, and whether it complied with the procedural requirements set forth in the Fair Work Act. A key issue was whether the agreement provided adequate protections for employees, particularly in terms of redundancy and redeployment provisions. Another significant aspect was the assessment of whether the agreement had been genuinely bargained between the parties and whether it met the ‘better off overall test’ for the employees.

The Commission considered various submissions from both parties, including the arguments about the fairness and reasonableness of the agreement. The Commission examined the proposed changes to the employees' conditions and the overall impact on the workforce. It also assessed the process of bargaining and the extent to which it met the legal standards for genuine negotiation and agreement. Ultimately, the Commission found that the Enterprise Agreement was fair and reasonable, taking into account the overall benefits to the employees and the legitimate interests of the employer. The Commission was satisfied that the agreement met all the legal criteria for approval.

Consequently, the Fair Work Commission approved the Origin Energy (LPG Shepparton & Dandenong) Enterprise Agreement 2021, effective from the date of the decision. This decision provided clarity on the terms and conditions of employment for the employees involved, ensuring that the agreement was legally compliant and appropriately balanced the interests of both the employer and the employees.

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