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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Ltd applied for approval of the Origin Energy (LPG Townsville) Enterprise Agreement 2014. The application was brought before the Fair Work Commission, as the applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The applicant sought to have the agreement approved in good faith and without the need for a further ballot. The application was opposed by various unions representing employees of the company, who argued that the agreement did not meet the requirements for good faith bargaining and that the applicant had not properly engaged with the bargaining process.

The central legal issues before the Commission were whether the applicant had genuinely attempted to reach an agreement through good faith bargaining, and whether the applicant had complied with the procedural requirements for the approval of an enterprise agreement. The Commission considered whether the applicant had engaged in genuine discussions with the unions and whether it had provided them with sufficient information to allow for meaningful negotiations. The Commission also examined whether the applicant had acted in good faith by considering the unions' proposals and making reasonable efforts to reach an agreement.

The Commission found that the applicant had not engaged in genuine discussions with the unions and had failed to provide them with sufficient information to allow for meaningful negotiations. The Commission held that the applicant had not acted in good faith by considering the unions' proposals and making reasonable efforts to reach an agreement. The Commission also found that the applicant had not complied with the procedural requirements for the approval of an enterprise agreement. As a result, the Commission refused to approve the agreement.

The Commission ordered that the application for approval of the agreement be dismissed. The Commission also ordered that the applicant provide the unions with further information and engage in further discussions to allow for meaningful negotiations. The Commission emphasised the importance of good faith bargaining and compliance with the procedural requirements for the approval of an enterprise agreement.

Origin Energy Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established