DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2015/5688)

ORIGIN ENERGY (LPG SHEPPARTON & DANDENONG) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 23 OCTOBER 2015

Application for approval of the Origin Energy (LPG Shepparton & Dandenong) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Shepparton & Dandenong) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Origin Energy Limited. The Agreement is a single-enterprise agreement.

[2] On 23 October 2015 an undertaking was provided by Lisa McAvaney, the Company’s Senior Employee Relations Advisor, in relation to Appendix 1 of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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, will operate from 30 October 2015. The nominal expiry date is 1 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Limited applied for approval of the Origin Energy (LPG Shepparton & Dandenong) Enterprise Agreement 2015. The application was made by Origin to the Fair Work Commission, which was required to determine whether the agreement should be approved under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement had been made in good faith and whether it contained the required minimum terms and conditions as set out in the Act. The Commission found that the agreement had been made in good faith and that it contained the required minimum terms and conditions. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The approval of the agreement was subject to certain conditions, including a requirement that Origin provide certain information to the Commission within a specified timeframe.

The Commission's decision was based on its consideration of the evidence presented by both parties, including the process by which the agreement was negotiated and the terms and conditions contained within it. The Commission noted that the agreement had been negotiated over a period of several months and that both parties had engaged in good faith throughout the negotiation process. The Commission also considered the terms and conditions of the agreement, finding that they were fair and reasonable and met the requirements of the Act. The Commission approved the agreement, subject to the conditions set out in its decision. The approval of the agreement is an important step in ensuring that employees covered by the agreement have access to fair and reasonable terms and conditions of employment.

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