DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2018/2993)

ORIGIN ENERGY (LPG BRISBANE) ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Origin Energy (LPG Brisbane) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Brisbane) 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] Written undertakings have been given in accordance with s.190. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 16 October 2018. The nominal expiry date of the Agreement is 7 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Origin Energy Limited sought approval of the Origin Energy (LPG Brisbane) Enterprise Agreement 2017. The applicant argued that the agreement was fair and reasonable, while the respondent raised several objections. The primary issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The Commission first examined whether the agreement provided for a proper process for its negotiation and for the resolution of disputes. It found that the negotiation process had been conducted in good faith and that the agreement contained adequate dispute resolution mechanisms. The Commission also considered whether the agreement provided for fair and reasonable terms and conditions, including remuneration and hours of work. It found that the agreement's provisions were consistent with industry standards and did not disadvantage employees. Finally, the Commission assessed whether the agreement was in the public interest. It concluded that the agreement would not have an adverse effect on the economy or on the rights of other employees.

The Commission approved the Origin Energy (LPG Brisbane) Enterprise Agreement 2017, finding that it met the criteria for approval under the Fair Work Act 2009. The agreement was approved as of the date it was lodged with the Commission, and it will apply to employees covered by the agreement from that date.

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