Origin Energy Limited

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited applied to the Fair Work Commission (FWC) for approval of the Origin Energy (LPG Gladstone/Maryborough & Gympie) Enterprise Agreement 2021. The application was made by the employer in accordance with section 231 of the Fair Work Act 2009 (Cth). The Commission was required to determine whether the agreement satisfied the requirements for registration under the Act.

The central legal issue before the FWC was whether the agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement had been made in good faith, whether it provided for proper procedures for the resolution of employee disputes, and whether it contained appropriate mechanisms for the protection of employees' rights and entitlements. Additionally, the FWC had to consider whether the agreement contained any terms that were contrary to public policy or that were otherwise unlawful.

In its decision, the FWC determined that the agreement was made in good faith and contained proper procedures for the resolution of employee disputes. The Commission also found that the agreement provided adequate mechanisms for the protection of employees' rights and entitlements. Importantly, the FWC concluded that none of the terms in the agreement were contrary to public policy or otherwise unlawful. As a result, the FWC approved the agreement under section 231 of the Fair Work Act.

The FWC's final order was that the agreement be approved and registered under the Fair Work Act. This decision provides clarity for both the employer and employees regarding the terms and conditions of their employment, and ensures that the agreement complies with the relevant legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established