DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2019/3964)

ORIGIN ENERGY (ADELAIDE) CUSTOMER CONTACT CENTRE ENTERPRISE AGREEMENT 2019

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 NOVEMBER 2019

Application for approval of the Origin Energy (Adelaide) Customer Contact Centre Enterprise Agreement 2019

[1] Origin Energy Limited has made an application for approval of an enterprise agreement known as the Origin Energy (Adelaide) Customer Contact Centre Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they wants the Agreement to cover them. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 15 November 2019 and, in accordance with s 54, will operate from 22 November 2019. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Origin Energy Limited sought approval from the Fair Work Commission of an enterprise agreement. The agreement, which was to apply to employees of the Adelaide customer contact centre, was challenged by the Communication Workers Union of Australia, who claimed that the agreement failed to provide adequate protections for employees. The dispute was heard in the Fair Work Commission. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether the agreement provided for a fair and reasonable rate of pay and conditions of employment. The Commission found that the agreement was in accordance with the requirements of the Act, including that it provided for a fair and reasonable rate of pay and conditions of employment. The Commission was satisfied that the agreement provided for appropriate safeguards to protect employees, including provisions for shift and leave entitlements, and provisions for a mechanism to resolve disputes. The Commission approved the agreement. The Commission ordered that the agreement be approved and registered in accordance with section 173 of the Fair Work Act 2009.

Origin Energy Limited

DECISION

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