DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited T/A Origin Energy
(AG2018/3512)

ORIGIN ENERGY (LPG NSW CYLINDER EXCHANGE) ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2018 (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] 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 referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 December 2018 and, in accordance with s.54, will operate from 26 December 2018. The nominal expiry date of the Agreement is 1 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Limited, trading as Origin Energy, sought approval of an enterprise agreement relating to the exchange of liquefied petroleum gas (LPG) cylinders in New South Wales. The matter was heard in the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement was in the interests of the employees and the employer, and whether it was free from any improper conduct or undue influence.

The FWC examined the terms of the enterprise agreement, the process by which it was negotiated, and the evidence provided by the parties. The Commission noted that the agreement was the result of a genuine negotiation process and was supported by both the employer and the majority of the employees. The FWC also considered the provisions of the agreement, which addressed various employment terms and conditions, including pay rates, hours of work, and other workplace arrangements. The Commission concluded that the agreement was fair and reasonable, and that it met the statutory requirements for approval.

Having found that the agreement was appropriately negotiated and was fair and reasonable, the FWC approved the enterprise agreement. The decision was based on the evidence presented and the legal criteria set out in the Fair Work Act. The agreement was deemed to be in the interests of both the employer and the employees and was approved as a registered agreement. The FWC's decision was final and binding, and the enterprise agreement came into effect as per the terms outlined in the approval.

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