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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CaseChat Overview and Summary

In the Fair Work Commission, Origin Energy Limited, trading as Origin Energy, applied for the approval of the Origin Energy (LPG Gas Fitter North-East NSW, QLD and NT) Enterprise Agreement 2019. The dispute concerned the terms and conditions of employment for LPG gas fitters employed by Origin Energy in the specified regions. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement was a genuine bargain between the employer and the employees, whether it complied with the requirements of the Fair Work Act, and whether it met the "better-off, overall test" for approval. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and if it was genuinely negotiated and not imposed. Additionally, the Commission assessed whether the agreement was in the interests of the employees and the employer.

The Commission found that the proposed enterprise agreement was a genuine bargain, negotiated in good faith, and met the requirements of the Fair Work Act. The agreement provided for fair and reasonable terms and conditions, and the Commission was satisfied that it complied with all relevant provisions of the Act. Furthermore, the Commission determined that the agreement met the "better-off, overall test," as it offered improved conditions for the employees without unduly disadvantaging the employer. Based on these findings, the Commission approved the enterprise agreement.

The Commission issued an approval order for the Origin Energy (LPG Gas Fitter North-East NSW, QLD and NT) Enterprise Agreement 2019, effective from the date of the decision. The agreement now sets the terms and conditions of employment for the relevant employees, and the parties are bound by its provisions.

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