Origin Energy Limited Summary

[2013] FWCA 1128

FAIR WORK COMMISSION

DECISION

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

Origin Energy Limited
(AG2013/4806)

ORIGIN ENERGY (LPG TASMANIA) ENTERPRISE AGREEMENT 2012

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 19 FEBRUARY 2013

Application for approval of the Origin Energy (LPG Tasmania) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Tasmania) 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. 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 are relevant to this application for approval have been met.

[3] The Transport Workers' Union of Australia-Victorian/Tasmanian Branch, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2013. The nominal expiry date of the Agreement is 31 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited approached the Fair Work Commission to seek approval for the Origin Energy (LPG Tasmania) Enterprise Agreement 2012. The applicant sought to certify the agreement as a single-enterprise agreement, in accordance with the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees in the LPG Tasmania division of Origin Energy. The applicant argued that the agreement met the criteria for certification as it had been negotiated in good faith, included necessary provisions, and was supported by a majority of the relevant employees.

The legal issues before the commission were whether the agreement was a genuine enterprise agreement, whether it had been negotiated in good faith, and whether it contained all the mandatory terms required by the Fair Work Act. Additionally, the commission needed to determine if the agreement had the support of a majority of the employees in the relevant enterprise. The commission considered submissions from the applicant and any other interested parties, including the employees' representatives and any objections raised.

In assessing the application, the commission examined the negotiation process, the content of the agreement, and the level of employee support. The commission found that the agreement had been negotiated in good faith and contained all the mandatory terms required by the Act. The commission was satisfied that the agreement had the support of a majority of the employees in the enterprise. Therefore, the commission certified the Origin Energy (LPG Tasmania) Enterprise Agreement 2012 as a single-enterprise agreement.

The final orders of the commission included the certification of the enterprise agreement as a single-enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of the LPG Tasmania division of Origin Energy. The commission also ordered that the agreement be published on its website for transparency and public access.

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