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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CaseChat Overview and Summary

In the Fair Work Commission, Origin Energy Limited sought approval of the Origin Energy (LPG Port Botany Operators) Enterprise Agreement 2014. The applicants were the employers, while the respondents were represented by the United Workers Union and the National Union of Workers. The dispute centred around the approval of a new enterprise agreement which was to replace the existing one that had expired. The key issues included the adequacy of the proposed agreement in terms of its compliance with the Fair Work Act 2009, its fairness, and its capacity to adequately cover the terms and conditions of employment for the workers involved.

The Fair Work Commission examined whether the enterprise agreement met the criteria for approval, including fairness, compliance with the law, and whether it had been genuinely agreed upon by the parties. The Commission considered the process through which the agreement was reached and whether it was free from any undue influence or coercion. Additionally, the Commission assessed whether the agreement provided for appropriate wages and conditions, taking into account the economic context and the interests of both employers and employees.

After a thorough review, the Fair Work Commission concluded that the enterprise agreement was fair and compliant with the relevant legislation. The Commission found that the agreement had been genuinely negotiated and was in the best interests of the employees. It determined that the proposed terms and conditions were fair and reasonable, taking into account the economic environment and the interests of both parties. Consequently, the Commission approved the agreement, finding that it met the necessary standards for endorsement under the Fair Work Act 2009.

The Fair Work Commission ordered the approval of the Origin Energy (LPG Port Botany Operators) Enterprise Agreement 2014, effective from the date of the decision. This decision was made in accordance with section 178 of the Fair Work Act 2009, confirming that the agreement was fair and appropriate for the employees covered by it.

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