DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2017/1754)

ORIGIN ENERGY (LPG NORTHERN TERRITORY) ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2017

Application for approval of the Origin Energy (LPG Northern Territory) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Northern Territory) Enterprise Agreement 2016 (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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2017. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Limited sought approval of the Origin Energy (LPG Northern Territory) Enterprise Agreement 2016. The applicant, a company involved in the gas industry, aimed to have the agreement ratified, which detailed the terms and conditions of employment for its LPG employees in the Northern Territory. The dispute centred on whether the agreement complied with the necessary legal standards and requirements.

The court was required to examine the agreement under the Fair Work Act 2009, focusing on whether it was a "registered agreement" as defined by the legislation. This involved assessing whether the agreement met certain criteria, including if it provided for the fair and efficient resolution of workplace issues and was made without undue coercion. Additionally, the court considered whether the agreement adequately represented the interests of the employees involved.

In delivering its decision, the court found that the Origin Energy (LPG Northern Territory) Enterprise Agreement 2016 met the necessary requirements under the Fair Work Act 2009. The court noted that the agreement provided for a fair and efficient resolution of workplace issues, and there was no evidence of undue coercion. Furthermore, the agreement was deemed to appropriately represent the interests of the employees. Therefore, the court approved the agreement, enabling its implementation as a binding contract between Origin Energy Limited and its LPG employees in the Northern Territory.

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