Origin Energy Limited
[2023] FWCA 3196
•4 OCTOBER 2023
| [2023] FWCA 3196 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Origin Energy Limited
(AG2023/3317)
ORIGIN ENERGY (MELBOURNE RETAIL X) ENTERPRISE AGREEMENT 2022
| Electrical power industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 4 OCTOBER 2023 |
Application for approval of the Origin Energy (Melbourne Retail X) Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Origin Energy (Melbourne Retail X) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Origin Energy Limited. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 24 November 2022 and the Agreement was made on 7 September 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.
The Agreement was approved on 4 October 2023 and, in accordance with s.54, will operate from 11 October 2023. The nominal expiry date of the Agreement is 1 December 2024.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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