Origin Energy Limited T/A Origin Energy

[2020] FWCA 3386

[2020] FWCA 3386

FAIR WORK COMMISSION

DECISION

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

Origin Energy Limited T/A Origin Energy
(AG2020/1546)

ORIGIN ENERGY (LPG GAS FITTER NORTH-EAST NSW, QLD AND NT) ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER BOOTH	BRISBANE, 29 JUNE 2020

Application for approval of the Origin Energy (LPG Gas Fitter North-East NSW, QLD and NT) Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Origin Energy Limited T/A Origin Energy (the Applicant) for approval of the Origin Energy (LPG Gas Fitter North-East NSW, QLD and NT) Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representative on 18 June 2020, raising a number of concerns in relation to the Agreement.

[3] The Applicant’s Representative provided submissions on 23 June 2020, addressing the concerns raised.

[4] I observe that the following clause may be inconsistent with the National Employment Standards (NES):

•  Clause 20 Redundancy;

and there was mention of casual employees in clause 4.2(c).

[5] However, the Applicant’s Representative confirmed that there are no casual employees engaged under the agreement.

[6] It is also noted that there is no flexibility term in the Agreement. Accordingly, the model flexibility term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Subject to the matters raised at paragraphs [4], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.4 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 15 September 2022.

COMMISSIONER

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