DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2017/3189)

ORIGIN ENERGY (LPG NSW METRO BULK DRIVERS) ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Origin Energy (LPG NSW Metro Bulk Drivers) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG NSW Metro Bulk Drivers) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 20 December 2017 and, in accordance with s.54, will operate from 27 December 2017. The nominal expiry date of the Agreement is 5 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 the Origin Energy (LPG NSW Metro Bulk Drivers) Enterprise Agreement 2017. The application was made under section 233 of the Fair Work Act 2009. The applicants, Origin Energy Limited, sought the approval of the enterprise agreement, which was intended to govern the employment conditions of LPG Metro Bulk Drivers in New South Wales.

The legal issues that the Commission was required to consider included whether the agreement met the requirements of the Fair Work Act, whether it was made in accordance with the procedural fairness principles, and whether it provided for the protection of employees' rights and entitlements. The Commission also needed to ensure that the agreement did not discriminate against any group of employees or contravene any relevant industrial laws.

In considering the application, the Commission examined the processes followed in the making of the agreement, the content of the agreement, and the rights and protections it provided to the employees. The Commission concluded that the agreement was made in compliance with the procedural fairness principles and that it met the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for the protection of employees' rights and entitlements and did not contravene any relevant industrial laws. The Commission approved the application and certified the enterprise agreement as a registered agreement.

The Fair Work Commission approved the application and certified the enterprise agreement as a registered agreement. The decision was made on the basis that the agreement met the requirements of the Fair Work Act, was made in accordance with the procedural fairness principles, and provided for the protection of employees' rights and entitlements. The Commission also noted that the agreement did not discriminate against any group of employees or contravene any relevant industrial laws. The decision was made on 16 June 2020.

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