DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2015/4579)

ORIGIN ENERGY (LPG NSW METRO BULK DRIVERS) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 SEPTEMBER 2015

Application for approval of the Origin Energy (LPG NSW Metro Bulk Drivers) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG NSW Metro Bulk Drivers) Enterprise Agreement 2014 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 September 2015. The nominal expiry date is 5 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited sought approval for an enterprise agreement from the Fair Work Commission. The agreement, dated 2014, pertained to the employment conditions of LPG NSW Metro Bulk Drivers. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The central issue before the Commission was whether the agreement complied with the "better off overall test" (BOOT) and other statutory requirements. The BOOT requires that employees under the agreement be no worse off financially and have at least the same overall conditions and benefits as if they were covered by the relevant award or agreement.

The Commission examined the provisions of the agreement, considering the financial and non-financial terms and conditions it provided. It assessed whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it met the statutory criteria for approval. The Commission took into account the comparative advantages and disadvantages for employees, the nature of the changes proposed, and whether the agreement had been genuinely negotiated. It also considered submissions from both Origin Energy Limited and the employees' representatives.

Upon review, the Fair Work Commission found that the agreement substantially complied with the statutory requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions for the employees and met the BOOT. The Commission was satisfied that the agreement had been genuinely negotiated and that it provided for better overall terms and conditions for the employees. Accordingly, the Commission approved the enterprise agreement 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