Origin Energy Limited T/A Origin Energy Summary

[2018] FWCA 7296

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited T/A Origin Energy

(AG2018/3598)

Origin Energy (LPG Mackay) Enterprise Agreement 2018

Road transport industry
Deputy President Beaumont	PERTH, 29 NOVEMBER 2018

Application for approval of the Origin Energy (LPG Mackay) Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Mackay) 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.

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.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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.

The Agreement was approved on 29 November 2018 and, in accordance with s.54, will operate from 6 December 2018. The nominal expiry date of the Agreement is 25 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Origin Energy Limited, trading as Origin Energy, which applied to the Fair Work Commission for the approval of the Origin Energy (LPG Mackay) Enterprise Agreement 2018. The agreement in question concerns the terms and conditions of employment for employees within the LPG Mackay division of Origin Energy. The dispute centred on the procedural fairness of the process by which the agreement was negotiated and the compliance of the agreement with relevant legislative requirements. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it complied with the statutory requirements for an enterprise agreement. Specifically, the Commission had to consider if there was procedural fairness in the negotiation process and whether the agreement contained all the mandated terms and conditions as prescribed by the Fair Work Act. Additionally, the Commission examined whether the agreement met the statutory minimum standards and whether there was adequate consultation with employees.

The Fair Work Commission found that the negotiation process was conducted fairly, with adequate consultation and genuine attempts to reach an agreement. The Commission also concluded that the agreement was compliant with the statutory requirements and met the necessary standards for approval. The agreement contained all mandated terms and conditions and adhered to the statutory minimum standards. Consequently, the Commission approved the Origin Energy (LPG Mackay) Enterprise Agreement 2018, recognising it as a valid and enforceable enterprise agreement.

The Fair Work Commission's final order was the approval of the Origin Energy (LPG Mackay) Enterprise Agreement 2018, effective from the date of the decision. The Commission's determination affirmed the agreement's compliance with the statutory requirements and its validity as a fair and reasonable enterprise agreement under the Fair Work Act. This decision ensures that the terms and conditions outlined in the agreement are legally binding for the employees of the LPG Mackay division of Origin Energy.

Origin Energy Limited T/A Origin Energy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established