Origin Energy Ltd

[2015] FWCA 7574

[2015] FWCA 7574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Ltd
(AG2015/6439)

ORIGIN ENERGY (LPG TOWNSVILLE) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	HOBART, 4 NOVEMBER 2015

Application for approval of the Origin Energy (LPG Townsville) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Townsville) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Origin Energy Limited (the Company). The Agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia (TWU) and the Australian Workers’ Union (AWU) have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[3] The Transport Workers’ Union of Australia lodged a Form F18 statutory declaration with the Fair Work Commission on 26 October 2015. While supporting approval of the Agreement, it raised a number of concerns, including regarding the definition of shiftworkers in the Agreement.

[4] On 2 November 2015 an undertaking was provided by Mr Paul Henderson, the Company’s Senior Employee Relations Adviser, in relation to shiftworkers. The AWU and TWU have advised that they support the undertaking in the terms provided. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54, will operate from 11 November 2015. The nominal expiry date is 31 August 2018.

COMMISSIONER

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Annexure A