DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2015/5833)

ORIGIN ENERGY (LPG TASMANIA) ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Tasmania) 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Origin Energy Limited applied to the Fair Work Commission for approval of the Origin Energy (LPG Tasmania) Enterprise Agreement 2015. The dispute centred around the terms and conditions of employment for employees within Origin's LPG Tasmania division, with specific focus on whether the agreement adequately covered the necessary provisions as per the Fair Work Act 2009.

The court was required to determine if the agreement met the legal standards for enterprise agreements, including whether it provided for the minimum entitlements as specified in the Act, did not discriminate against employees on the basis of sex, and was not contrary to public policy. Additionally, the court assessed whether the agreement was made in good faith and whether the requisite procedural fairness was observed in its creation.

In delivering the decision, the Commission found that the agreement complied with the requirements of the Act. The agreement was deemed to be made in good faith, with appropriate procedural fairness exercised in its formation. The Commission concluded that the agreement provided for the necessary minimum entitlements and did not contravene any public policy. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Origin Energy (LPG Tasmania) Enterprise Agreement 2015, affirming its compliance with the statutory requirements 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