Origin Energy Limited

[2020] FWCA 708

[2020] FWCA 708

FAIR WORK COMMISSION

DECISION

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

Origin Energy Limited
(AG2020/167)

ORIGIN ENERGY (DARLING DOWNS POWER STATION) ENTERPRISE AGREEMENT 2018

Electrical power industry
COMMISSIONER BOOTH	BRISBANE, 11 FEBRUARY 2020

Application for approval of the Origin Energy (Darling Downs Power Station) Enterprise Agreement 2018.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Origin Energy Limited (the Applicant) for approval of the Origin Energy (Darling Downs Power Station) Enterprise Agreement 2018 (the Agreement). The Agreement is a single enterprise agreement.

[2] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 14.4(a) – redundancy;

•  Clause 14.5 – suitable alternative employment; and

•  Clause 18.1 – personal/carer’s leave.

[3] However, noting the NES precedence clause at clause 4(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] It is also noted that the Agreement does not contain a flexibility term. Accordingly, the model flexibility term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Subject to the matters raised at paragraphs [2]-[4], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Australian Municipal, Administrative, Clerical and Services Union (the ASU) and the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) also filed a Form F18 in this matter, providing 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 ASU, the CFMMEU and the CEPU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 September 2022. [8]

COMMISSIONER

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