DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2018/762)

ORIGIN ENERGY (LPG GLADSTONE/MARYBOROUGH & GYMPIE) ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 MAY 2018

Application for approval of the Origin Energy (LPG Gladstone/Maryborough & Gympie) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Gladstone/Maryborough & Gympie) 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] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 28 May 2018 and, in accordance with s.54, will operate from 4 June 2018. The nominal expiry date of the Agreement is 30 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Limited sought approval of the Enterprise Agreement 2017 with the Fair Work Commission (FWC). The agreement related to employees in the LPG Gladstone/Maryborough and Gympie areas. The dispute involved whether the agreement met the requirements for approval under the Fair Work Act 2009.

The court had to determine if the agreement was a "single interest enterprise agreement" as defined in the Act, and if it was made in good faith and without coercion. A key issue was whether the agreement appropriately covered all employees who were intended to be included, and if the process leading to the agreement was compliant with the procedural fairness requirements. The fairness of the agreement's terms was also considered.

The FWC found that the agreement was indeed a single interest enterprise agreement and was made in good faith. The process leading to the agreement was deemed procedurally fair, and the terms of the agreement were considered fair and reasonable. The court was satisfied that the agreement met all statutory requirements for approval. Consequently, the FWC approved the agreement.

The FWC issued an order approving the Origin Energy (LPG Gladstone/Maryborough & Gympie) Enterprise Agreement 2017, effective from the date of the order. The agreement was to apply to the relevant employees, and the FWC's approval was binding on all 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