DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2020/1352)

ORIGIN ENERGY (LPG SYDNEY AND NEWCASTLE) ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 29 MAY 2020

Application for approval of the Origin Energy (LPG Sydney and Newcastle) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Sydney and Newcastle) Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2020. The nominal expiry date of the Agreement is 27 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Origin Energy Limited, sought approval of the Origin Energy (LPG Sydney and Newcastle) Enterprise Agreement 2019 from the Fair Work Commission. This was a dispute concerning the terms and conditions of employment for the employees within the LPG Sydney and Newcastle divisions of Origin Energy. The Commission was tasked with determining whether the agreement was suitable for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. This included whether the agreement was made in good faith and whether it contained minimum terms and conditions as required by the Act. Additionally, the Commission had to consider whether the agreement provided for procedural fairness, proper consultation, and adequate representation of the employees' interests.

In rendering its decision, the Commission examined the negotiation process, the content of the agreement, and the views of the relevant stakeholders. The Commission found that the agreement was made in good faith, involved proper consultation, and provided for procedural fairness. The Commission also determined that the agreement contained all necessary minimum terms and conditions as required by the Act. Consequently, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the Origin Energy (LPG Sydney and Newcastle) Enterprise Agreement 2019. The decision was based on the findings that the agreement was made in good faith, involved proper consultation, provided for procedural fairness, and contained all necessary minimum terms and conditions as required by the Fair Work Act 2009.

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