Origin Energy Limited Summary

[2013] FWCA 191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2012/13927)

BASSGAS OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2012

Oil and gas industry
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2013

Application for approval of the BassGas Operations and Maintenance Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the BassGas Operations and Maintenance 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] The The Australian Workers’ Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Origin Energy Limited sought approval for the BassGas Operations and Maintenance Enterprise Agreement 2012 from the Fair Work Commission. The applicant and the relevant unions had entered into the agreement as a means to regulate the terms and conditions of employment for certain employees. The primary dispute was whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the process by which the agreement was formed and its contents.

The court had to determine if the agreement was made in good faith and if it adhered to the procedural requirements set out in the Act. This involved examining the manner in which the agreement was negotiated, whether there was genuine bargaining, and if the agreement covered the necessary topics as prescribed by the Act. Additionally, the court needed to assess if the agreement met the test of being better off overall or at least no worse off (the BOOT/NOWO test).

The Fair Work Commission found that the agreement was indeed made in good faith and followed the necessary procedural steps. The court confirmed that there had been genuine bargaining between the parties and that the agreement was procedurally sound. In terms of its contents, the Commission concluded that the agreement provided for a fair and reasonable outcome for the employees, meeting the BOOT/NOWO test. Therefore, the application for approval was successful, and the agreement was duly approved.

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