DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited T/A Origin
(AG2019/5184)

ORIGIN ENERGY (NATIONAL RESPONSE CENTRE) ENTERPRISE AGREEMENT 2019

Oil and gas industry
COMMISSIONER CIRKOVIC	MELBOURNE, 11 FEBRUARY 2020

Approval of Enterprise Agreement Application for approval of the Origin Energy (National Response Centre) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (National Response Centre) Enterprise Agreement 2019 (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 T/A Origin. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 11 February 2020 and, in accordance with s.54, will operate from 18 February 2020. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited T/A Origin sought approval for the Origin Energy (National Response Centre) Enterprise Agreement 2019. The applicant argued the agreement contained appropriate safeguards for the implementation of new technology and the introduction of flexible working arrangements. The Fair Work Commission heard the application and was required to decide whether the agreement complied with the requirements of the Fair Work Act 2009.

The Commission considered whether the agreement provided adequate safeguards for the implementation of new technology and the introduction of flexible working arrangements, and whether it met the procedural requirements for approval. The Commission found that the agreement provided appropriate safeguards for the implementation of new technology and flexible working arrangements. The Commission also found that the agreement met the procedural requirements for approval, including the requirement that the agreement be in writing and be approved by a majority of employees.

The Commission approved the agreement, finding that it met the requirements of the Fair Work Act. The applicant's application for approval of the Origin Energy (National Response Centre) Enterprise Agreement 2019 was approved. The Commission ordered that the agreement be registered by the Registrar of the Fair Work Commission.

The final orders of the Commission were that the Origin Energy (National Response Centre) Enterprise Agreement 2019 be approved and registered. The applicant was ordered to pay the costs of the application. The decision of the Commission is final and binding, and may only be reviewed on limited grounds by the Federal Court of Australia.

Origin Energy Limited T/A Origin

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established