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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited was the applicant in this matter before the Fair Work Commission, seeking approval of the Enterprise Agreement it had entered into with the Retail Energy and Gas Employees’ Union of Australia. The dispute centred around whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement contained the necessary provisions to be considered a genuine enterprise agreement, including whether it covered all necessary terms and conditions and if it was genuinely negotiated.

The legal issues before the Commission included whether the agreement had been fairly and genuinely negotiated, whether it contained all the required terms and conditions, and whether the agreement was in the best interests of the employees. Additionally, the Commission had to consider if the agreement complied with the requirements of the Fair Work Act, particularly focusing on whether it was an enterprise agreement and if it was appropriate for the employees covered by the agreement.

In its decision, the Commission examined the negotiation process and concluded that the agreement had been genuinely negotiated. It found that the agreement contained all the required terms and conditions and was in the best interests of the employees. The Commission noted that the agreement had been widely communicated to the employees and that there had been a robust process for seeking and considering employee feedback. The Commission also concluded that the agreement complied with the statutory requirements of the Fair Work Act and was an appropriate enterprise agreement for the employees covered.

The Commission approved the Origin Energy (LPG Brisbane) Enterprise Agreement 2014, finding it to be a genuine enterprise agreement that met all statutory requirements. This decision confirmed the validity and enforceability of the agreement as an enterprise agreement 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