DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2021/5351)

ORIGIN ENERGY (LPG NSW CYLINDER EXCHANGE) ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 23 JUNE 2021

Application for approval of the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2021 (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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 1 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited sought approval of the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2021 from the Fair Work Commission. The agreement related to the terms and conditions of employment for employees involved in the liquefied petroleum gas (LPG) cylinder exchange service in New South Wales. The application was opposed by the United Voice union and a number of employees, who raised concerns about the proposed changes to their working conditions and pay.

The central legal issue before the Fair Work Commission was whether the enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for the fair and reasonable remuneration and terms of employment for the employees, and whether it had been genuinely negotiated between the employer and the employees' representatives.

In considering these issues, the Commission examined the evidence and submissions presented by the parties. The Commission noted that the agreement included provisions for pay rates, penalties, and working conditions that were consistent with industry standards and practices. The Commission also found that the agreement had been negotiated in good faith and that the union and employees had been given adequate opportunity to participate in the negotiation process. Based on these findings, the Commission concluded that the agreement was fair and reasonable, and approved it as a registered enterprise agreement.

The Fair Work Commission's decision to approve the enterprise agreement was based on a comprehensive assessment of the evidence and submissions presented by the parties. The Commission found that the agreement met the statutory requirements under the Fair Work Act 2009, and that it provided for fair and reasonable remuneration and terms of employment for the employees. As a result, the Commission approved the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2021 as a registered enterprise 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