Origin Energy Limited

[2015] FWCA 4092

[2015] FWCA 4092

FAIR WORK COMMISSION

DECISION

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

Origin Energy Limited
(AG2015/2737)

ORIGIN ENERGY (LPG PORT BOTANY OPERATORS) ENTERPRISE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 18 JUNE 2015

Application for approval of the Origin Energy (LPG Port Botany Operators) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Port Botany Operators) Enterprise Agreement 2014(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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 22 April 2015. The application included a Statutory Declaration of Michael Kinnell made on behalf of the Employer and dated 21 April 2015 (the Declaration). The Declaration stated that the Agreement was made on 8 April 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 18 June 2015. I note that the file has included a Statutory Declaration of Ronald Herbert made on behalf of the National Union of Workers (the NUW), as an employee organisation in relation to the application.

[5] I note that the Agreement does not contain a flexibility term and therefore, pursuant to subsection 202 (4) of the Act, the model flexibility term is taken to be a term of the Agreement. I also note that the Agreement contains a consultation term at clause 9.

[6] 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.

[7] The NUW, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the NUW.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 25 June 2015. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 7 August 2017.

COMMISSIONER

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