DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2021/4479)

ORIGIN ENERGY (LPG NSW NON METROPOLITAN) ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 30 APRIL 2021

Application for approval of the Origin Energy (LPG NSW Non Metropolitan) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG NSW Non Metropolitan) 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2021. The nominal expiry date of the Agreement is 5 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Limited recently appeared before the Fair Work Commission in an application for the approval of the Origin Energy (LPG NSW Non Metropolitan) Enterprise Agreement 2020. The dispute arose from the proposed agreement, which sought to establish terms and conditions of employment for employees working in non-metropolitan areas of New South Wales in the LPG sector.

The primary legal issues before the court involved whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the good faith bargaining requirement, whether it was made without coercion, and if it provided for a safety net of minimum terms and conditions. The court also needed to consider if the agreement adequately covered matters relevant to the enterprise and if it provided fair and reasonable terms for the employees.

The Fair Work Commission found that the agreement met the necessary requirements for approval. The court was satisfied that the agreement was the result of good faith bargaining and was not made under duress. It was determined that the agreement provided a safety net of minimum terms and conditions and covered all relevant matters for the enterprise. The Commission also found that the proposed terms were fair and reasonable, taking into account the economic and operational context of the enterprise.

As a result, the Fair Work Commission approved the Origin Energy (LPG NSW Non Metropolitan) Enterprise Agreement 2020. This decision will now set the terms and conditions of employment for the relevant employees in the non-metropolitan areas of New South Wales in the LPG sector.

Origin Energy Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established