DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2016/4911)

ORIGIN ENERGY (ADELAIDE) CUSTOMER CONTACT CENTRE ENTERPRISE AGREEMENT 2016

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 24 NOVEMBER 2016

Application for approval of the Origin Energy (Adelaide) Customer Contact Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (Adelaide) Customer Contact Centre 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 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2016. The nominal expiry date of the Agreement is 1 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Limited was before the Fair Work Commission, where the company sought approval of the Origin Energy (Adelaide) Customer Contact Centre Enterprise Agreement 2016. The agreement aimed to provide terms and conditions of employment for certain employees of Origin Energy. The dispute centred around whether the agreement complied with the necessary legal standards and whether it met the requirements set out in the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith, the extent to which it provided for genuine bargaining, and whether it contained appropriate provisions for employee representation and dispute resolution. Additionally, the Commission had to ensure the agreement met the minimum entitlements set out in the relevant industrial instruments and did not discriminate against any group of employees.

The Commission found that the agreement was made in good faith and was the product of genuine bargaining. It determined that the agreement contained appropriate provisions for employee representation and dispute resolution, and that it did not contain any discriminatory provisions. Furthermore, the Commission was satisfied that the agreement provided for minimum entitlements as required by the Fair Work Act 2009. Consequently, the Commission approved the agreement, finding it to be in compliance with all legal requirements.

In approving the agreement, the Commission made an order under section 173 of the Fair Work Act 2009 that the Origin Energy (Adelaide) Customer Contact Centre Enterprise Agreement 2016 be approved. This decision ensures that the agreement will now form the basis of employment conditions for the affected employees, subject to the provisions of the Fair Work Act 2009.

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