DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2015/2405)

ORIGIN ENERGY (LPG DARLING DOWNS) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 30 APRIL 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Darling Downs) 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] 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.

[3] 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.

[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 7 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Origin Energy Limited and the relevant trade union. The dispute centred on the approval of the Origin Energy (LPG Darling Downs) Enterprise Agreement 2014. The union sought approval for the agreement, while Origin Energy contested certain provisions, arguing they were not fair and reasonable.

The central legal issues before the Commission were whether the contested provisions of the agreement were fair and reasonable. The Commission had to assess the provisions against the criteria set out in section 233 of the Fair Work Act 2009, including whether they were consistent with the national system for the resolution of industrial disputes, promoted harmonious, productive, and cooperative workplace relations, and were fair and reasonable in all aspects.

The Fair Work Commission found that the contested provisions of the agreement did not meet the criteria for fairness and reasonableness. The Commission was particularly concerned about the potential impact on employee entitlements and the lack of adequate consultation with the union. The Commission noted that the agreement did not sufficiently protect employee entitlements and that the consultation process was inadequate. Consequently, the Commission did not approve the agreement.

As a result of the decision, the Fair Work Commission did not grant approval to the Origin Energy (LPG Darling Downs) Enterprise Agreement 2014. The agreement was not to be registered and would not have effect under 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