Origin Energy Limited

[2013] FWCA 9879

FAIR WORK COMMISSION

DECISION

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

Origin Energy Limited
(AG2013/11573)

ORIGIN ENERGY (NATIONAL RESPONSE CENTRE) ENTERPRISE AGREEMENT 2013

Oil and gas industry
COMMISSIONER JOHNS	MELBOURNE, 17 DECEMBER 2013

Application for approval of the Origin Energy (National Response Centre) Enterprise Agreement 2013.

[1] On 21 November 2013 Origin Energy Limited (Applicant) made an application for approval of the Origin Energy (National Response Centre) Enterprise Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 24 December 2013. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Origin Energy Limited, the Fair Work Commission was asked to approve the Origin Energy (National Response Centre) Enterprise Agreement 2013. The dispute involved the relationship between Origin Energy Limited and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The employees sought better working conditions, pay, and other employment benefits as outlined in the proposed agreement. The legal issues centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether the agreement facilitated, improved, or maintained the efficient operation of the enterprise and whether the agreement contained provisions that were necessary for the fair and efficient resolution of workplace issues.

The Commission carefully considered the provisions of the proposed agreement, assessing whether they met the criteria for approval under the Fair Work Act. It examined whether the agreement facilitated the efficient operation of the enterprise by allowing for flexibility and responsiveness to business needs. Additionally, it assessed if the agreement provided for fair and efficient resolution of workplace issues by including adequate dispute resolution mechanisms. The Commission also evaluated whether the agreement contained provisions that were necessary for the efficient and productive operation of the enterprise, considering the unique nature of the National Response Centre's operations.

After thorough consideration, the Commission concluded that the proposed agreement met the statutory requirements for approval. It found that the agreement facilitated the efficient operation of the enterprise and contained necessary provisions for the fair and efficient resolution of workplace issues. The Commission was satisfied that the agreement provided adequate safeguards for employees' rights while allowing the employer to operate effectively. Consequently, the Fair Work Commission approved the Origin Energy (National Response Centre) Enterprise Agreement 2013. This decision ensures that the agreement will now form the basis of employment conditions for the employees involved, subject to the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established