DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2015/5759)

ORIGIN ENERGY (LPG WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2015

Plumbing industry
COMMISSIONER ROE	SYDNEY, 7 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Western Australia) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Origin Energy Limited applied for the approval of the Origin Energy (LPG Western Australia) Enterprise Agreement 2015. The agreement in question pertains to the employees of Origin Energy who are involved in the liquefied petroleum gas (LPG) operations in Western Australia. The primary dispute centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues that the Commission had to address involved assessing whether the agreement adhered to the procedural fairness requirements, whether it satisfied the "better off overall test" (BOOT), and whether it complied with the good faith bargaining obligations under the Act. The Commission needed to ensure that the agreement was not only fair but also met the statutory criteria for approval. Additionally, the Commission examined whether the agreement contained provisions that could be considered as potentially discriminatory or unjust.

The Commission determined that the application met all necessary criteria for approval. It found that the agreement was the product of good faith bargaining and was procedurally fair. The Commission further found that the proposed agreement provided employees with outcomes that were better off overall compared to their previous conditions. The agreement was found to be compliant with all relevant statutory requirements, and thus, the Commission approved the enterprise agreement. The decision was made in the interest of ensuring fair and just working conditions for the employees while also respecting the legal framework governing enterprise agreements.

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