Origin Energy Limited T/A Origin Energy

[2020] FWCA 4718

[2020] FWCA 4718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited T/A Origin Energy
(AG2020/2467)

ORIGIN ENERGY (LPG NORTHERN TERRITORY) ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 SEPTEMBER 2020

Application for approval of the Origin Energy (LPG Northern Territory) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Northern Territory) 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 Energy. 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] 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.

[4] The Transport Workers’ Union of Australia (TWU) 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 September 2020 and, in accordance with s.54, will operate from 9 September 2020. The nominal expiry date of the Agreement is 1 September 2022.

COMMISSIONER

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