DECISION

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

Origin Energy Limited
(AG2015/5848)

ORIGIN ENERGY (LPG SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2015

Oil and gas industry
COMMISSIONER HAMPTON	ADELAIDE, 21 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG South Australia) 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] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[3] 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.

[4] 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) of the Act 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 28 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Origin Energy Limited, the Fair Work Commission was presented with an application for the approval of the Origin Energy (LPG South Australia) Enterprise Agreement 2015. The applicant, Origin Energy Limited, sought approval of the enterprise agreement as a modern award, with the application being opposed by the United Voice union. The dispute centred around the terms and conditions of employment within the LPG South Australia division of Origin Energy, including issues of wages, working conditions, and other employment-related matters.

The legal issues before the Commission were primarily concerned with whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included an examination of whether the agreement had been made in good faith and whether it included minimum workplace entitlements. Additionally, the Commission considered the fairness of the agreement's terms and conditions for the employees covered by it.

The Commission found that the agreement was largely compliant with the statutory requirements, noting that it had been negotiated in good faith and provided for minimum workplace entitlements. The Commission observed that while there were some concerns regarding specific clauses, these did not outweigh the overall benefits of the agreement for the employees. The Commission was satisfied that the agreement met the criteria for approval as a modern award, recognising the balance it struck between the interests of the employer and the workforce. Consequently, the application was approved, and the enterprise agreement was registered as a modern award.

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