Origin Energy Limited

[2015] FWCA 2329

[2015] FWCA 2329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2015/2170)

ORIGIN ENERGY (LPG BRISBANE) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 2 APRIL 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Brisbane) 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 Company). 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] On 1 April 2015 the Fair Work Commission received correspondence from Thomson Geer Lawyers seeking on behalf of the Company to correct a number of typographical errors in the Agreement. The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, confirmed and agreed that those errors should be corrected. Pursuant to s.586(a) of the Act the errors are corrected as follows:

1. By deleting the rate “$41.3236” for B-Double Operators in Appendix 1 - Part B and replacing it with “$43.2778”.

2. By deleting the classifications “Semi Under 37t (Trailer)” and “Rigid Under 25t (10 Tonne) in Part A and Part B of Appendix 1 and replacing them with “Articulated Tanker Operator” and “Rigid Tanker Operator” respectively.

[5] The TWU 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2015. The nominal expiry date of the Agreement is 7 September 2017.

COMMISSIONER

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