DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2016/6656)

ORIGIN ENERGY (NATIONAL RESPONSE CENTRE) ENTERPRISE AGREEMENT 2016

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the Origin Energy (National Response Centre) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (National Response 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] The Australian Workers’ Union 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 17 November 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Limited recently appeared before the Fair Work Commission in a case concerning the approval of the Origin Energy (National Response Centre) Enterprise Agreement 2016. The application for approval was brought by Origin Energy Limited, and the primary issue was whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009. The dispute centred on several aspects of the agreement, including the terms of employment, the classification of employees, and the overall fairness of the provisions to both the employer and the employees.

The legal issues the court had to address involved verifying whether the agreement was genuinely negotiated, the process through which it was negotiated, and whether it contained all the mandated minimum terms and conditions of employment. The court also needed to assess if the agreement was free from any provisions that would unfairly discriminate against any class of employees. Origin Energy Limited argued that the agreement was a product of genuine negotiations and that it provided a fair balance of rights and obligations for both parties.

The Fair Work Commission found that the proposed enterprise agreement met the requirements for approval. The court determined that the negotiation process was valid and that the agreement was genuinely negotiated. Furthermore, the court found that the agreement contained all the mandated minimum terms and conditions and did not include any discriminatory provisions. The court was satisfied that the agreement was fair and reasonable, thereby upholding the application for its approval. The court's decision confirmed that the enterprise agreement could be implemented as per the terms outlined.

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