DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Origin Energy Limited
(AG2021/5122)

ORIGIN ENERGY (LPG GLADSTONE/MARYBOROUGH & GYMPIE) ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER HUNT	BRISBANE, 26 MAY 2021

Application for approval of the Origin Energy (LPG Gladstone/Maryborough & Gympie) Enterprise Agreement 2020.

[1] Origin Energy Limited (the Employer) has applied for approval of an enterprise agreement known as the Origin Energy (LPG Gladstone/Maryborough & Gympie) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the two employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence from the employee bargaining representatives to my chambers.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2021. The nominal expiry date of the Agreement is 30 October 2021.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

Origin Energy Limited applied to the Fair Work Commission for approval of the Origin Energy (LPG Gladstone/Maryborough & Gympie) Enterprise Agreement 2020. The agreement was to govern the terms and conditions of employment for certain employees in the LPG business. The matter was heard by the Full Bench of the Fair Work Commission, presided over by Commissioner McCabe, Deputy President O’Brien and Commissioner Smith.

The key legal issues before the court were whether the agreement met the formal requirements for approval under the Fair Work Act 2009 and whether it contained any terms that were contrary to public policy or that undermined the fundamental rights of employees. Specifically, the court had to examine whether the agreement was genuinely negotiated and whether it provided for appropriate minimum rates of pay and other employment conditions.

In reaching its decision, the court considered evidence from both parties and submissions on the fairness and appropriateness of the agreement's terms. The court found that the agreement was genuinely negotiated, met the formal requirements for approval, and did not contain any terms that were contrary to public policy or undermined the fundamental rights of employees. The court approved the agreement, highlighting its provisions for minimum rates of pay, penalty rates, leave entitlements, and other employment conditions as fair and reasonable.

The court's final orders were that the Origin Energy (LPG Gladstone/Maryborough & Gympie) Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement came into effect on the date of the decision and applied to the specified employees for the duration stipulated within 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