Origin Energy Limited Summary

[2021] FWCA 6084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2021/7489)

ORIGIN ENERGY (LPG WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2021

Electrical power industry
DEPUTY PRESIDENT DEAN	CANBERRA, 1 OCTOBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Western Australia) 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 (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Limited applied for approval of the Origin Energy (LPG Western Australia) Enterprise Agreement 2021, with the Fair Work Commission. The Fair Work Commission was asked to consider the application and whether the agreement met the necessary legal criteria. The legal issues that the commission needed to address were whether the agreement was a "bargained agreement" as defined in the Fair Work Act 2009, whether the agreement had been fairly negotiated and whether it met the relevant disclosure requirements.

The commission found that the agreement was indeed a bargained agreement, as it had been negotiated between the employer and the employees' representatives. The commission also determined that the agreement had been fairly negotiated, and that all relevant disclosure requirements had been met. The commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the statutory requirements for approval. The commission approved the agreement, and it was registered on the Register of Approved Enterprise Agreements.

The final orders of the commission included the approval and registration of the Origin Energy (LPG Western Australia) Enterprise Agreement 2021, effective from the date of registration. The agreement would apply to all employees covered by the agreement, and would supersede any previous enterprise agreements in place between the parties. The commission also ordered that the agreement be given effect in accordance with the Fair Work Act and the relevant regulations.

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