Origin Energy Limited

[2013] FWCA 660

FAIR WORK COMMISSION

DECISION

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

Origin Energy Limited
(AG2012/14534)

ORIGIN ENERGY (LPG SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2012

Oil and gas industry
VICE PRESIDENT WATSON	SYDNEY, 30 JANUARY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG South Australia) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 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 as are relevant to this application for approval have been met.

[3] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement. A copy of the model flexibility term is annexed to the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Transport Workers’ Union of Australia have given notice under s.183 of the Act that they want the Agreement to cover them. 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(1)(a), will operate from 6 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited sought approval for the Origin Energy (LPG South Australia) Enterprise Agreement 2012 from the Fair Work Commission (FWC). The dispute involved the interpretation and application of the Fair Work Act 2009, focusing on the criteria for approving enterprise agreements under section 234. Origin Energy argued that the agreement met the statutory requirements, while the opposing party raised concerns about its compliance with certain provisions.

The legal issues before the FWC included whether the agreement appropriately balanced the interests of both parties, whether it complied with the procedural requirements for negotiation and approval, and if it met the specific criteria for good faith bargaining as outlined in the Fair Work Act. The FWC had to determine if the agreement was made in good faith, if it contained the necessary terms and conditions, and if it was consistent with the principles of the Act.

The FWC examined the negotiation process, the terms of the agreement, and the arguments presented by both parties. It concluded that the agreement was made in good faith, contained all necessary terms, and complied with the statutory requirements. The FWC was satisfied that the agreement appropriately balanced the interests of both parties and met the criteria for approval. Consequently, the FWC approved the Origin Energy (LPG South Australia) Enterprise Agreement 2012.

The FWC ordered that the agreement be approved and registered under section 182 of the Fair Work Act 2009. This decision affirmed the agreement's validity and enforceability, allowing it to take effect as a legally binding contract between Origin Energy and the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established