Origin Energy Limited

[2022] FWCA 720

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited

(AG2022/474)

Origin Energy (LPG South Australia) Enterprise Agreement 2021

Electrical power industry
COMMISSIONER PLATT	ADELAIDE, 1 MARCH 2022

Application for approval of the Origin Energy (LPG South Australia) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG South Australia) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Origin Energy Limited (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 28 February 2022 and was determined on the papers.

As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 20 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

Origin Energy Limited was the subject of an application for approval of the Origin Energy (LPG South Australia) Enterprise Agreement 2021. The application was made by the company to the Fair Work Commission. The agreement in question was negotiated between the company and a representative group of employees and sought to regulate the terms and conditions of employment for the employees covered by the agreement.

The central legal issue before the Commission was whether the agreement provided adequate protections for employees' rights and interests. This included assessing whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the statutory requirements for enterprise agreements under the Act, including provisions on minimum wages, parental leave, and other entitlements.

The Fair Work Commission found that the agreement substantially complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees' wages, leave entitlements, and other benefits. The Commission was satisfied that the agreement was in the best interests of the employees and did not undermine the integrity, coherence, or balance of the national system of industrial relations. As a result, the Commission approved the agreement, subject to certain modifications that addressed minor technical issues identified during the review process.

Consequently, the Fair Work Commission approved the Origin Energy (LPG South Australia) Enterprise Agreement 2021, with minor modifications to address technical issues. This decision ensures that the agreement remains compliant with the Fair Work Act and provides a fair framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established