DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2018/5740)

ORIGIN ENERGY (LPG CAIRNS/MAREEBA) ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 25 MARCH 2019

Application for approval of the Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2017 (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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given 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 organisation.

[6] The Agreement was approved on 25 March 2019 and, in accordance with s.54, will operate from 1 April 2019. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Limited sought approval of the Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2017 in the Fair Work Commission. The applicant, Origin Energy Limited, aimed to implement changes to the working conditions of employees who are members of the relevant union. The dispute involved the application of the Fair Work Act 2009 and the Fair Work Regulations 2009 to approve the enterprise agreement.

The court was required to determine whether the agreement met the requirements for approval under the Fair Work Act, including whether the agreement was in the public interest and if it was certified as a "single interest" enterprise agreement by the Australian Building and Construction Commission. Furthermore, the court examined whether the agreement provided fair and reasonable terms for the employees and whether any provisions were inconsistent with the National Employment Standards.

In its decision, the Fair Work Commission approved the enterprise agreement, finding that it met the necessary criteria. The Commission held that the agreement was in the public interest and had been certified as a "single interest" enterprise agreement. The court also determined that the agreement provided fair and reasonable terms for the employees and did not contain any provisions inconsistent with the National Employment Standards. Consequently, the application for approval of the Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2017 was successful.

The Fair Work Commission approved the enterprise agreement, finding it met the necessary criteria and was in the public interest. The court also determined that the agreement provided fair and reasonable terms for the employees and did not contain any provisions inconsistent with the National Employment Standards.

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