Origin Energy Eraring Services Pty Limited Trading as Origin Energy

[2025] FWCA 1438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Origin Energy Eraring Services Pty Limited Trading as Origin Energy

(AG2025/846)

ORIGIN ENERGY ERARING SERVICES ENTERPRISE AGREEMENT 2025

Electrical power industry
DEPUTY PRESIDENT CROSS	SYDNEY, 17 JUNE 2025

Application for approval of the Origin Energy Eraring Services Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Origin Energy Eraring Services Enterprise Agreement 2025 (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 Eraring Services Pty Limited Trading as Origin Energy. The Agreement is a single enterprise agreement.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical Power Industry Award 2020 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.2.3, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Association of Professional Engineers, Scientists and Managers, Australia, CPSU, the Community and Public Sector Union-SPSF Group, Australian Municipal, Administrative, Clerical and Services Union, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the Australian Institute of Marine and Power Engineers being bargaining representatives for the Agreement, 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 the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2025. The nominal expiry date of the Agreement is 31 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Origin Energy Eraring Services Pty Limited, trading as Origin Energy, and its employees. The company sought approval of the Origin Energy Eraring Services Enterprise Agreement 2025. This agreement aimed to outline the terms and conditions of employment for a specified group of employees, addressing various aspects of workplace relations. The primary dispute centred on whether the agreement complied with the relevant industrial relations legislation and if it adequately represented the interests of both the employees and the employer.

The legal issues that the Fair Work Commission had to decide included whether the agreement was in the best interests of the employees and whether it was made in good faith and without coercion. Additionally, the Commission needed to assess if the agreement complied with the mandatory provisions set out in the Fair Work Act 2009, particularly concerning minimum entitlements, maximum weekly hours, and other employment standards. The Commission also had to consider submissions from both parties and any relevant industrial or economic factors that could impact the agreement's fairness and effectiveness.

In delivering its decision, the Commission found that the agreement was generally in the best interests of the employees and had been made in good faith without any undue pressure or coercion. The Commission concluded that the agreement met the mandatory requirements of the Fair Work Act and was fair and reasonable in all respects. The terms of the agreement, including those relating to wages, conditions, and other employment standards, were deemed to be appropriate and balanced. Consequently, the Commission approved the Origin Energy Eraring Services Enterprise Agreement 2025, subject to the terms and conditions outlined in the approval order.

The final orders of the Commission approved the enterprise agreement, effective from the date specified in the agreement. The approval was subject to the conditions that the agreement would be registered with the Fair Work Commission and that any changes to the agreement would require the Commission's approval before taking effect. This decision provided clarity and certainty for both the employer and employees regarding their rights and obligations under the new enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established