Origin Energy Limited

Case [2019] FWCA 201


[2019] FWCA 201
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited
(AG2018/5114)

ORIGIN ENERGY (LPG NSW NON METROPOLITAN) ENTERPRISE AGREEMENT 2017

Oil and gas industry

DEPUTY PRESIDENT MASSON

MELBOURNE, 15 JANUARY 2019

Application for approval of the Origin Energy (LPG NSW Non Metropolitan) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG NSW Non Metropolitan) 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] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2019. The nominal expiry date of the Agreement is 5 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501323  PR703823>

Details
AGLC
Origin Energy Limited [2019] FWCA 201
Case
[2019] FWCA 201
Decision Date

CaseChat Overview and Summary

Origin Energy Limited applied to the Fair Work Commission for approval of the Origin Energy (LPG NSW Non Metropolitan) Enterprise Agreement 2017. The application was brought by the Fair Work Commission, which heard the matter in Sydney. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The court considered whether the agreement complied with the procedural and substantive requirements for approval. Procedurally, the court examined whether the agreement was made in accordance with the mandatory procedures set out in the Fair Work Act. Substantively, the court assessed whether the agreement contained terms and conditions that were fair and reasonable, taking into account the interests of employees and employers, and whether the agreement provided for the protection of employees' rights.

The Fair Work Commission found that the agreement met the procedural requirements for approval, as it had been made in accordance with the mandatory procedures set out in the Fair Work Act. The court also found that the agreement contained terms and conditions that were fair and reasonable, taking into account the interests of employees and employers, and that the agreement provided for the protection of employees' rights. Accordingly, the Fair Work Commission approved the agreement.

The Fair Work Commission approved the Origin Energy (LPG NSW Non Metropolitan) Enterprise Agreement 2017. The court found that the agreement met the procedural and substantive requirements for approval under the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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