DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2015/2475)

ORIGIN ENERGY (LPG SOMERTON) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 13 MAY 2015

Application for approval of the Origin Energy (LPG Somerton) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Somerton) 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 ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202 of the Act the model flexibility term is taken to be a term of the Agreement.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2015. The nominal expiry date of the Agreement is 26 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Origin Energy Limited, who sought approval for the Origin Energy (LPG Somerton) Enterprise Agreement 2014. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was genuinely negotiated and contained appropriate mechanisms for the resolution of disputes between the parties.

The Commission considered whether the agreement met the statutory requirements for approval, including the necessity for genuine negotiation and appropriate dispute resolution mechanisms. The applicant, Origin Energy Limited, presented evidence of negotiations and submissions from the relevant union, the Australian Manufacturing Workers' Union. The Commission examined the process of negotiation, the content of the agreement, and whether it was made in good faith. Furthermore, the Commission assessed the dispute resolution provisions to ensure they were fair and effective.

The Fair Work Commission found that the agreement was genuinely negotiated and contained appropriate mechanisms for the resolution of disputes. The evidence provided by Origin Energy demonstrated a process of negotiation that met the statutory requirements. Additionally, the Commission was satisfied that the dispute resolution mechanisms were adequate and fair. As such, the Commission approved the agreement under section 183 of the Fair Work Act 2009.

The Commission granted approval of the Origin Energy (LPG Somerton) Enterprise Agreement 2014, effective from the date of the decision. This decision confirmed the validity of the agreement and its provisions, ensuring that it could be implemented as intended by the parties.

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