Origin Energy Limited

[2022] FWCA 3785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited

(AG2022/4356)

Origin Energy (LPG Western Australia) Enterprise Agreement 2022

Electrical power industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 OCTOBER 2022

Application for approval of the Origin Energy (LPG Western Australia) Enterprise Agreement 2022

Origin Energy Limited has made an application for the approval of an enterprise agreement known as the Origin Energy (LPG Western Australia) Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representative’s view regarding the undertaking proffered was sought. The bargaining representative was provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 27 October 2022 and, in accordance with s 54, will operate from 3 November 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Limited applied to the Fair Work Commission for approval of an enterprise agreement that would govern the employment of its workers in the LPG Western Australia sector. The application was opposed by the Australian Manufacturing Workers Union, who argued that the agreement did not adequately protect employees' entitlements and conditions. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement provided for fair and reasonable terms and conditions for the employees. This involved assessing whether the agreement met the formal and substantive requirements of the Fair Work Act, including ensuring it provided for minimum entitlements and did not undermine the protective provisions of the National Employment Standards. The Commission also had to consider whether the agreement was genuinely negotiated between the employer and the union, and whether it was made in good faith.

The Fair Work Commission found that the enterprise agreement complied with the formal and substantive requirements of the Fair Work Act. It concluded that the agreement provided for fair and reasonable terms and conditions, and that it was genuinely negotiated and made in good faith. The Commission noted that while the union had raised concerns about certain aspects of the agreement, it was satisfied that the overall terms were reasonable and appropriate. The application was therefore approved, and the Origin Energy (LPG Western Australia) Enterprise Agreement 2022 was formally registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established