DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2017/3164)

ORIGIN ENERGY (LPG PORT BOTANY OPERATORS) ENTERPRISE AGREEMENT 2017

Oil and gas industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 28 SEPTEMBER 2017

Application for approval of the Origin Energy (LPG Port Botany Operators) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Port Botany Operators) 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 National Union of Workers 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 5 October 2017. The nominal expiry date of the Agreement is 7 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited sought approval for the 2017 Enterprise Agreement with LPG Port Botany Operators. The Fair Work Commission was the court tasked with determining whether the agreement complied with relevant industrial legislation. The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to ensure that the agreement had been made in good faith, that it contained the terms it purported to contain, and that it was not contrary to public policy.

The Commission examined the bargaining process, the content of the agreement, and the compliance with procedural fairness. The parties presented evidence about the negotiation process and the fairness of the agreement's terms. The Commission assessed whether the agreement was made without coercion, undue influence, or any other improper conduct. It also evaluated whether the agreement contained all the terms it claimed to contain and whether it was consistent with the broader industrial framework.

After reviewing the submissions and evidence, the Commission concluded that the agreement had been made in good faith and contained all the terms it purported to contain. The Commission found that the agreement was consistent with the Fair Work Act and did not contravene public policy. The Commission approved the Origin Energy (LPG Port Botany Operators) Enterprise Agreement 2017, finding it compliant with all relevant legal standards. The approval granted the agreement legal enforceability, binding both parties to its terms.

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