DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2018/8)

ORIGIN ENERGY (LPG DARLING DOWNS) ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Darling Downs) 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] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2018. The nominal expiry date of the Agreement is 31 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited applied for the approval of the Origin Energy (LPG Darling Downs) Enterprise Agreement 2017, which would govern the employment conditions of its employees in the LPG Darling Downs region. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the terms and conditions of employment in a fair and balanced manner, if it included provisions for employee consultation and representation, and if it met the procedural requirements for approval. The Commission also considered if the agreement adequately addressed the interests of both the employer and employees, and if it adhered to the principles of good faith bargaining and industrial democracy.

In examining these issues, the Commission found that the agreement had been negotiated in good faith, was fair and balanced, and provided for adequate employee consultation and representation. It concluded that the agreement met the procedural requirements and adequately addressed the interests of both parties. The Commission was satisfied that the agreement reflected the principles of good faith bargaining and industrial democracy, and therefore approved the Origin Energy (LPG Darling Downs) Enterprise Agreement 2017.

The Fair Work Commission approved the Origin Energy (LPG Darling Downs) Enterprise Agreement 2017, and its terms and conditions now apply to the employees in the LPG Darling Downs region. The decision underscored the importance of good faith bargaining and industrial democracy in the negotiation and approval of enterprise agreements.

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