DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2015/5408)

ORIGIN ENERGY (GAS FITTER LPG NORTH-EAST NSW, QLD AND NT) ENTERPRISE AGREEMENT 2015

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the Origin Energy (Gas Fitter LPG North-East NSW, QLD and NT) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (Gas Fitter LPG North-East NSW, QLD and NT) 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 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is
15 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Origin Energy Limited applied to the Fair Work Commission for approval of the Enterprise Agreement. The dispute arose out of negotiations between Origin Energy and its employees in the Gas Fitter LPG North-East NSW, QLD and NT sectors. The Fair Work Commission was tasked with assessing the application and determining whether the proposed agreement should be approved.

The legal issues before the Court were whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Court had to consider if the agreement provided fair and reasonable terms and conditions for the employees, and if it met the criteria for approval as outlined in the Act.

The Court found that the Enterprise Agreement was fair and reasonable, and met all the necessary criteria for approval. The Court was satisfied that the agreement provided for adequate pay and conditions for the employees, and that it was in their best interests. The Court also found that the agreement was consistent with the principles of the Fair Work Act and did not unfairly disadvantage any party.

As a result, the Court approved the Enterprise Agreement, allowing it to come into effect and govern the employment terms and conditions of the employees in the Gas Fitter LPG North-East NSW, QLD and NT sectors. The decision was made in the interest of maintaining a fair and balanced relationship between the employer and the employees, while also ensuring that the agreement met the legal requirements set out in the Fair Work Act.

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