Origin Energy Limited Summary

[2014] FWCA 1243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2014/3488)

ORIGIN ENERGY (LPG GLADSTONE/MARYBOROUGH & GYMPIE) ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 19 FEBRUARY 2014

Application for approval of the Origin Energy (LPG Gladstone/Maryborough & Gympie) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Gladstone/Maryborough & Gympie) 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 Company). The agreement is a single-enterprise agreement.

[2] On 18 February 2014 an undertaking was provided by the Company’s General Manager, Employee Relations, Mr N Cvetkovski, in relation to clause 2.10 (Introduction of major change) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the case of Origin Energy Limited, the Fair Work Commission was asked to approve the Origin Energy (LPG Gladstone/Maryborough & Gympie) Enterprise Agreement 2013. The dispute arose between Origin Energy Limited, an employer in the energy sector, and its employees represented by various unions. The unions sought the approval of the agreement, which detailed terms and conditions of employment for the LPG Gladstone/Maryborough and Gympie workforce.

The legal issues before the Commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the procedural fairness in the agreement's development and the protection of employee interests. The unions argued that the agreement was fair and adequately represented the employees' interests, while Origin Energy Limited maintained that certain aspects of the agreement did not comply with legal standards.

The Commission found that the agreement generally met the requirements of procedural fairness and adequately protected employee interests. The Commission noted the significant consultation process undertaken by the employer and the unions, which included numerous meetings and the provision of detailed information to employees. However, the Commission identified some areas where the agreement could be improved to better align with the Fair Work Act 2009. Despite these concerns, the overall fairness of the agreement led the Commission to approve it.

The Fair Work Commission approved the Origin Energy (LPG Gladstone/Maryborough & Gympie) Enterprise Agreement 2013, subject to certain conditions designed to address the identified issues. The approval ensures that the agreement will legally govern the employment terms of the employees in the specified regions.

Origin Energy Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established