DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Origin Energy Limited
(AG2015/7836)

ORIGIN ENERGY (LPG CAIRNS/MAREEBA) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 8 FEBRUARY 2016

Application for approval of the Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2014 (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] Written undertakings, relating to flexible working arrangements and the dispute resolution procedure, have been provided by the Employer and are attached to the Agreement. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The model flexibility term is taken to be a term of the Agreement and is attached to the Agreement.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 15 February 2016. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

Origin Energy Limited was a party to an enterprise agreement with a union representing its employees. The union sought approval of a new enterprise agreement, the "Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2014." The application for approval was heard in the Fair Work Commission, where the union argued that the proposed agreement met the necessary legal standards for approval.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it provided for a fair and efficient workplace, and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission had to consider if the agreement was consistent with the public interest and did not undermine the safety of employees.

The Commission found that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. It concluded that the agreement was fair and efficient, and it did not undermine employee safety or the public interest. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the "Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2014" and ordered its registration under 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