DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2018/4638)

ORIGIN ENERGY (LPG SHEPPARTON & DANDENONG) ENTERPRISE AGREEMENT 2018

Electrical power industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Origin Energy (LPG Shepparton & Dandenong) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Shepparton & Dandenong) 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] 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 1 February 2019 and, in accordance with s.54, will operate from 8 February 2019. The nominal expiry date of the Agreement is 1 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) involved the approval of the Origin Energy (LPG Shepparton & Dandenong) Enterprise Agreement 2018. The applicants, Origin Energy Limited, sought approval of the agreement which had been negotiated with the United Voice, a union representing employees in the liquefied petroleum gas (LPG) industry. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning the terms and conditions of employment and the process by which the agreement was reached.

The central legal issue before the FWC was whether the enterprise agreement complied with the procedural and substantive requirements under the Fair Work Act. Specifically, the FWC had to determine if the agreement was made in good faith, if it was negotiated genuinely, and whether it contained terms that were fair and reasonable. Additionally, the FWC assessed if the agreement provided adequate protections for employees and whether it adhered to the relevant industrial laws.

The FWC examined the evidence presented by both parties, including witness testimonies and documentation related to the negotiation process. It found that the agreement was negotiated in good faith and that the union had genuinely represented the employees throughout the process. The FWC also determined that the terms of the agreement were fair and reasonable, providing adequate protections for the employees while balancing the interests of the employer. The FWC was satisfied that all procedural requirements were met and that the agreement did not contravene any provisions of the Fair Work Act.

Consequently, the FWC approved the Origin Energy (LPG Shepparton & Dandenong) Enterprise Agreement 2018, effective from the date of the decision. The approval meant that the terms of the agreement would govern the employment conditions for the employees covered by the agreement, ensuring a legally binding framework for both parties.

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