DECISION

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

Origin Energy Limited
(AG2015/7847)

ORIGIN ENERGY (LPG MACKAY) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 8 FEBRUARY 2016

Application for approval of the Origin Energy (LPG Mackay) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Mackay) Enterprise Agreement 2015 (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, shift workers 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 25 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited applied for approval of the Origin Energy (LPG Mackay) Enterprise Agreement 2015, which was to cover employees who work in the LPG facilities in Mackay, Queensland. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central issue before the FWC was whether the agreement provided for the mandatory matters stipulated by the Act and whether it had been made in good faith and without the coercion that the Act prohibits. Additionally, the Commission had to consider whether the agreement was fair and reasonable and if it would provide for the protection of employees' rights and interests.

The FWC found that the agreement adequately covered the mandatory matters as required by the Act and that it had been made in good faith. The Commission noted that there was no evidence of coercion or improper conduct in the making of the agreement. The FWC also concluded that the agreement was fair and reasonable, providing for the protection of employees' rights and interests. The FWC approved the agreement based on these findings.

The final order of the FWC was that the Origin Energy (LPG Mackay) Enterprise Agreement 2015 be approved. The agreement would now be registered and binding on all parties, ensuring that the terms and conditions of employment for the employees covered by the agreement were legally recognised and enforceable.

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