DECISION

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

Origin Energy Limited
(AG2015/2126)

ORIGIN ENERGY (LPG SYDNEY AND NEWCASTLE) ENTERPRISE AGREEMENT 2014

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 1 MAY 2015

Application for approval of the Origin Energy (LPG Sydney and Newcastle) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Sydney and Newcastle) 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 Applicant). 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 relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 29 April 2015, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 27 August 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Origin Energy Limited applied for approval of the Enterprise Agreement 2014, which was negotiated with various unions. The applicants were seeking an order approving the agreement, which would then be applied to employees working in the LPG Sydney and Newcastle regions. The application was brought under the Fair Work Act 2009.

The primary issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act, including whether the agreement had been fairly negotiated and whether it contained all necessary terms and conditions of employment. The court also considered whether the agreement met the "better off overall test," which requires that employees be no worse off than they were under their previous agreement.

The court found that the agreement did comply with the Fair Work Act. The court was satisfied that the agreement had been fairly negotiated and contained all necessary terms and conditions of employment. The court also found that the agreement met the better off overall test, as employees would not be worse off under the new agreement. The court approved the enterprise agreement, noting that it provided a fair and reasonable outcome for both the employees and the employer.

As a result of the court's decision, the enterprise agreement was approved and applied to the relevant employees. The agreement provides for a range of terms and conditions of employment, including wages, hours of work, and other employment-related matters. The approval of the agreement ensures that the parties are bound by the terms of the agreement, providing certainty and stability in the workplace.

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