DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2015/2359)

ORIGIN ENERGY (LPG NSW CYLINDER EXCHANGE) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 21 APRIL 2015

Application for approval of the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2015 (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 was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2015. The nominal expiry date of the Agreement is 1 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Origin Energy Limited for the approval of the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2015. The dispute centred around the terms of the proposed agreement which was intended to regulate the employment conditions of employees involved in the liquefied petroleum gas (LPG) cylinder exchange services within New South Wales. The Commission was tasked with assessing whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The key legal issues the court needed to address were whether the agreement contained genuine bargaining, whether the terms were fair and reasonable, and whether it adhered to the provisions of the Fair Work Act. Specifically, the court examined whether the agreement was made in good faith and whether it provided for the proper regulation of the employment conditions, including wages and other terms and conditions of employment. Additionally, the court assessed whether the agreement provided for the protection of employees from adverse action for raising health and safety concerns.

The Fair Work Commission found that the agreement was genuinely bargained and met the requirements of the Act. The court concluded that the agreement was made in good faith, and the terms were fair and reasonable. The Commission also determined that the agreement provided adequate protections for employees, including provisions for health and safety and protection from adverse action. The Commission approved the agreement on the basis that it met the necessary legal standards and would promote harmonious, productive, and cooperative workplace relations.

The Commission issued its approval of the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2015, recognising it as meeting the requirements of the Fair Work Act. The agreement was therefore deemed valid and enforceable, providing the framework for the employment conditions of the employees involved in the LPG cylinder exchange services in New South Wales.

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