DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited T/A Origin Energy
(AG2020/1396)

ORIGIN ENERGY (LPG TASMANIA) ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 JUNE 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Tasmania) Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Origin Energy Limited T/A Origin Energy (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Transport Workers’ Union of Australia, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2020. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Limited T/A Origin Energy was the subject of an application for the approval of the Origin Energy (LPG Tasmania) Enterprise Agreement 2019. The Fair Work Commission was asked to decide whether the agreement met the statutory requirements for approval. The decision was made by Deputy President P. J. O'Keefe, who had to consider whether the agreement complied with the Fair Work Act 2009, particularly in terms of procedural fairness and the protection of employee interests.

The primary legal issue before the commission was whether the application for approval of the enterprise agreement followed the correct procedural steps as outlined in the Fair Work Act 2009. The focus was on whether there was procedural fairness in the way the application was conducted and if the agreement sufficiently protected the interests of the employees involved. The commission also had to consider whether the agreement was made in good faith, as required by the legislation.

Deputy President P. J. O'Keefe examined the evidence and submissions presented by both parties. The commission found that the application process was procedurally fair and that the agreement adequately safeguarded the employees' interests. The deputy president concluded that the application met all statutory requirements and approved the enterprise agreement. The decision emphasised the importance of good faith in the negotiation and approval process of enterprise agreements.

The final orders included the approval of the Origin Energy (LPG Tasmania) Enterprise Agreement 2019, subject to the terms and conditions outlined in the agreement. The approval was granted on the basis that the application process was fair and that the agreement was made in good faith, protecting the interests of the employees involved.

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