Origin Energy Limited

[2014] FWCA 1857

FAIR WORK COMMISSION

DECISION

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

Origin Energy Limited
(AG2014/3952)

ORIGIN ENERGY (LPG BRISBANE) ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 21 MARCH 2014

Application for approval of the Origin Energy (LPG Brisbane) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Brisbane) Enterprise Agreement 2013 (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 company has provided written undertakings that provide a consultation clause in the Agreement that fully complies with s.205 of the Act and correct an error in the rate of pay for a particular classification. The Transport Workers’ Union of Australia - Queensland Branch (TWU), being the only known bargaining representative for the Agreement has provided written support for the undertakings.

[3] I am satisfied the undertakings meet any concern I have in relation to the Agreement. In accepting the undertakings I have also accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The TWU has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 28 March 2014. The nominal expiry date is 7 September 2014.

COMMISSIONER

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CaseChat Overview and Summary

Origin Energy Limited applied to the Fair Work Commission for approval of the Origin Energy (LPG Brisbane) Enterprise Agreement 2013. The application was opposed by the National Tertiary Education Union. The dispute centered around various terms and conditions within the proposed agreement, including employee classification, wages, and dispute resolution mechanisms.

The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith. The Commission also had to consider whether the agreement met the requirements for covering a specified group of employees and if it provided for proper dispute resolution processes.

In delivering its decision, the Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and that it was made in good faith. The Commission also found that the agreement appropriately covered the specified group of employees and contained adequate provisions for dispute resolution. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Origin Energy (LPG Brisbane) Enterprise Agreement 2013, finding that it met the necessary criteria under the Fair Work Act. The Commission determined that the agreement provided for fair and reasonable terms and conditions, was made in good faith, appropriately covered the specified group of employees, and contained adequate dispute resolution provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established