Origin Energy Limited T/A Origin Energy Summary

[2018] FWCA 7275

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited T/A Origin Energy

(AG2018/3560)

Origin Energy (LPG Western Australia) Enterprise Agreement 2018

Road transport industry
Deputy President Beaumont	PERTH, 28 NOVEMBER 2018

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

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

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 28 November 2018 and, in accordance with s.54, will operate from 5 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Origin Energy Limited, sought approval of the Origin Energy (LPG Western Australia) Enterprise Agreement 2018 from the Fair Work Commission. This agreement aimed to regulate employment terms and conditions for a subset of its workforce within the LPG Western Australia division. The dispute centred around whether the agreement met the necessary standards and compliance requirements stipulated under the Fair Work Act 2009.

The court was tasked with determining if the agreement provided fair and reasonable terms for the employees, ensuring it did not disadvantage employees in terms of pay, conditions, or entitlements. Additionally, the court had to verify if the agreement was appropriately negotiated and if it adhered to procedural fairness. The focus was on whether the agreement complied with the "better off overall test" which mandates that employees should not be worse off under the new agreement compared to their previous conditions.

In its decision, the Fair Work Commission examined the negotiation process and the fairness of the terms outlined in the agreement. The Commission found that the agreement had been negotiated in good faith and that it contained terms and conditions that were fair and reasonable. The Commission also determined that the agreement met the better off overall test, as employees would not be disadvantaged financially or in terms of working conditions. Consequently, the Commission approved the Origin Energy (LPG Western Australia) Enterprise Agreement 2018, finding it to be compliant with the relevant legislative requirements.

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