DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2019/837)

ORIGIN ENERGY (LPG TOWNSVILLE) ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 8 JULY 2019

Application for approval of the Origin Energy (LPG Townsville) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Townsville) Enterprise Agreement 2018 (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] 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.

[4] The Transport Workers’ Union of Australia and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 8 July 2019 and, in accordance with s.54, will operate from 15 July 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited applied for approval of the Enterprise Agreement 2018 with its employees in Townsville, Queensland. The Fair Work Commission heard the matter, and the applicant, Origin Energy, sought to have the proposed agreement approved under the Fair Work Act 2009. The respondents, who included various unions representing the employees, opposed the application, arguing that the agreement did not meet the "better off overall test" and contained provisions that were not in the employees' best interests.

The central legal issue before the Commission was whether the proposed agreement provided employees with outcomes that were no worse than, and preferably better than, what they would have obtained under an applicable award or modern award. The Commission needed to determine if the proposed agreement met the statutory requirements set out in the Fair Work Act. Specifically, it needed to consider if the agreement provided employees with pay and conditions that were at least as good as what they would have obtained under the applicable industrial instrument.

The Commission found that the proposed agreement met the "better off overall test" and contained provisions that were in the employees' best interests. The Commission noted that the agreement provided employees with a range of benefits, including wage increases, improved leave entitlements, and additional support for employees with disabilities. The Commission was satisfied that the agreement provided employees with outcomes that were at least as good as, and in some cases better than, what they would have obtained under the applicable industrial instrument. The Commission approved the proposed agreement and made an order to that effect.

The Commission made an order approving the Origin Energy (LPG Townsville) Enterprise Agreement 2018. The order is binding on all parties and sets out the terms and conditions of employment for employees covered by the agreement. The order also provides for the agreement to be registered with the Fair Work Commission and published on its website. The approval of the agreement ensures that employees in Townsville will have a modern and fair enterprise agreement that provides them with improved pay and conditions.

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