Origin Energy Limited Summary

[2013] FWCA 4434

FAIR WORK COMMISSION

DECISION

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

Origin Energy Limited
(AG2013/6855)

ORIGIN ENERGY (ADELAIDE) CUSTOMER CONTACT CENTRE ENTERPRISE AGREEMENT 2012

Oil and gas industry
COMMISSIONER BOOTH	BRISBANE, 9 JULY 2013

Application for approval of the Origin Energy (Adelaide) Customer Contact Centre Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Origin Energy (Adelaide) Customer Contact Centre Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Origin Energy Limited.

[2] I am 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.

[3] The Agreement does not contain a flexibility clause. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is attached to the Agreement.

[4] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

• The Australian Workers’ Union;

• Transport Workers’ Union of Australia; and

• Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited sought approval of the Origin Energy (Adelaide) Customer Contact Centre Enterprise Agreement 2012 from the Fair Work Commission. The dispute arose from negotiations between the company and the Australian Services Union regarding the terms and conditions of employment for workers in the Adelaide customer contact centre. The Fair Work Commission was tasked with determining whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the criteria for a protected action ballot, whether the agreement was made in good faith and whether it provided fair and reasonable terms and conditions of employment. The Commission needed to assess the fairness of the proposed agreement, including its compliance with minimum entitlements, and consider submissions from both parties regarding the negotiation process and the content of the agreement.

The Fair Work Commission found that the agreement complied with the statutory requirements and was made in good faith. The Commission noted that the agreement provided for terms and conditions of employment that were no less favourable than the relevant awards and included provisions for a protected action ballot. The Commission was satisfied that the agreement was fair and reasonable and met the criteria for approval under the Fair Work Act 2009.

Accordingly, the Fair Work Commission approved the Origin Energy (Adelaide) Customer Contact Centre Enterprise Agreement 2012. The Commission's decision provided clarity for both parties and established a framework for the terms and conditions of employment in the Adelaide customer contact centre, ensuring compliance with the Fair Work Act 2009.

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