DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2015/5654)

ORIGIN ENERGY (MELBOURNE) CUSTOMER CONTACT CENTRE ENTERPRISE AGREEMENT 2015

Electrical power industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 2 OCTOBER 2015

Application for approval of the Origin Energy (Melbourne) Customer Contact Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (Melbourne) Customer Contact Centre Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union (ASU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 9 October 2015. The nominal expiry date of the Agreement is 1 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited recently appeared before the Fair Work Commission, seeking approval for the Origin Energy (Melbourne) Customer Contact Centre Enterprise Agreement 2015. This agreement sought to outline the terms and conditions of employment for employees within the Melbourne customer contact centre. The nature of the dispute involved the negotiation process and the fairness of the terms proposed in the agreement, which was a crucial step in formalising the employment conditions of the workforce.

The central legal issues before the Commission revolved around whether the agreement was made in good faith, if it adhered to the statutory requirements set out in the Fair Work Act 2009, and if it provided fair and reasonable terms for the employees. Additionally, the Commission needed to consider whether the process of making the agreement was transparent and whether it appropriately reflected the contributions and concerns of the employees involved. The fairness of the terms and conditions, including wages, hours of work, and other employment-related matters, were also under scrutiny.

In delivering its decision, the Commission examined the evidence presented by both parties, assessing the negotiation process and the terms of the agreement. The Commission found that the agreement was made in good faith and that the process was transparent and fair. It also concluded that the terms of the agreement were reasonable and provided for fair and equitable treatment of the employees. Consequently, the Commission approved the agreement, recognising its compliance with the legal standards and its alignment with the principles of fairness and good faith.

The final orders of the Commission included the approval of the Origin Energy (Melbourne) Customer Contact Centre Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, ensuring its legal enforceability and providing clarity and security for both the employer and the employees moving forward.

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