DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2018/3331)

ORIGIN ENERGY (MELBOURNE) CUSTOMER CONTACT CENTRE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER SAUNDERS	MELBOURNE, 8 NOVEMBER 2018

Application for approval of the Origin Energy (Melbourne) Customer Contact Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (Melbourne) Customer Contact Centre 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2018. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited applied to the Fair Work Commission for approval of an enterprise agreement, which aimed to regulate the terms and conditions of employment for its employees at the Melbourne Customer Contact Centre. The Australian Council of Trade Unions and the Australian Services Union opposed the application, asserting that the proposed agreement did not adequately protect employee interests. The matter was heard by the Fair Work Commission, which had to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The central legal issues revolved around whether the proposed agreement provided for fair and reasonable terms and conditions, including matters such as minimum rates of pay, leave entitlements, and procedural fairness in the workplace. The Commission needed to examine whether the agreement met the criteria set out in the Fair Work Act, particularly section 233, which requires that an agreement promotes harmonious, productive, and cooperative workplace relationships and provides for efficient and productive workplaces.

The Commission found that the proposed agreement complied with the relevant provisions of the Fair Work Act. The agreement included provisions for minimum rates of pay, various leave entitlements, and dispute resolution mechanisms, which were deemed fair and reasonable. The Commission concluded that the agreement fostered harmonious workplace relationships and provided for efficient and productive workplaces. Consequently, the application for approval was successful.

The Fair Work Commission approved the Origin Energy (Melbourne) Customer Contact Centre Enterprise Agreement 2017, deeming it to be a lawful and fair agreement. This decision ensures that employees within the Melbourne Customer Contact Centre will be governed by the terms and conditions set out in the approved agreement.

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