Origin Energy Limited Summary

[2021] FWCA 6386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2021/7719)

ORIGIN ENERGY (MELBOURNE CUSTOMER CONTACT CENTRE AND RETAIL X) ENTERPRISE AGREEMENT 2020

Electrical power industry
COMMISSIONER WILSON	MELBOURNE, 22 OCTOBER 2021

Application for approval of the Origin Energy (Melbourne Customer Contact Centre and Retail X) Enterprise Agreement 2020

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (Melbourne Customer Contact Centre and Retail X) Enterprise Agreement 2020 (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 Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2021. The nominal expiry date of the Agreement is 1 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Limited applied for approval of the Enterprise Agreement 2020, which pertained to the Melbourne Customer Contact Centre and Retail X. The applicant sought to have the agreement, which was reached through negotiation between the company and the union, ratified by the Fair Work Commission. The union opposed the application, contending that certain provisions of the agreement did not meet the requirements set by the Fair Work Act 2009.

The court was required to determine whether the agreement satisfied the statutory criteria for being approved under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement had been fairly negotiated, was in writing, and included provisions that complied with the minimum terms and conditions outlined in the Act. Additionally, the court needed to assess whether the agreement contained any provisions that were contrary to public policy or that were otherwise invalid.

In its decision, the Commission noted that the agreement had been fairly negotiated and contained all the necessary provisions as stipulated by the Fair Work Act 2009. The court found that, despite the union's objections, the agreement did not include any provisions that were contrary to public policy or otherwise invalid. The Commission concluded that the agreement met all the statutory requirements for approval and was, therefore, fit for endorsement.

Consequently, the Fair Work Commission approved the Enterprise Agreement 2020 for the Melbourne Customer Contact Centre and Retail X, subject to the terms and conditions set out in the agreement. The union's objections were dismissed, and the agreement was ratified by the Commission.

Origin Energy Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established