Origin Energy Limited

Case

[2022] FWCA 2128

28 JUNE 2022


[2022] FWCA 2128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited

(AG2022/1838)

Application for approval of the Origin Energy (LPG Gladstone/Maryborough & Gympie) Enterprise Agreement 2021

Road transport industry

DEPUTY PRESIDENT MOLTONI

BRISBANE, 28 JUNE 2022

Application for approval of the Origin Energy (LPG Gladstone/Maryborough & Gympie) Enterprise Agreement 2021

  1. An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Gladstone/Maryborough & Gympie) Enterprise Agreement 2021 (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 (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. 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.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting the undertakings provided and clause 1.5(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

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