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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CaseChat Overview and Summary

Origin Energy Limited T/A Origin Energy, a major energy provider in Australia, sought approval for the Origin Energy (LPG Northern Territory) Enterprise Agreement 2019 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for the workers covered by this agreement, which included issues such as wages, working conditions, and dispute resolution mechanisms. The case was heard and determined by the Fair Work Commission, Australia's workplace relations tribunal, tasked with resolving disputes and overseeing the application of workplace laws.

The legal issues that arose in this case primarily revolved around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the proper classification of employees, adequate wages and conditions, and the protection of employee rights. Additionally, the court had to consider if the agreement was made in good faith and whether it provided for fair and effective dispute resolution mechanisms.

The Fair Work Commission found that the proposed agreement satisfied the necessary criteria for approval. The Commission determined that the agreement provided for appropriate wages and conditions that were consistent with industry standards, and it contained provisions for fair and effective dispute resolution. Furthermore, the Commission concluded that the agreement was made in good faith and that it did not unfairly disadvantage any party. Consequently, the Fair Work Commission approved the Origin Energy (LPG Northern Territory) Enterprise Agreement 2019, allowing it to come into effect as a legally binding agreement between the company and its employees.

Origin Energy Limited T/A Origin Energy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established