DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2021/4507)

ORIGIN ENERGY (LPG NSW METRO BULK DRIVERS) ENTERPRISE AGREEMENT 2020

Electrical power industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 APRIL 2021

Application for approval of the Origin Energy (LPG NSW Metro Bulk Drivers) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Origin Energy (LPG NSW Metro Bulk Drivers) Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Origin Energy Limited (Employer). The Agreement is a single enterprise agreement.

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

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2021. The nominal expiry date of the Agreement is 5 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Origin Energy Limited, a major energy company in Australia, and its employees represented by the Transport Workers Union of Australia. The dispute centered around the approval of the Origin Energy (LPG NSW Metro Bulk Drivers) Enterprise Agreement 2020. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether the agreement was genuinely negotiated between the employer and the employees. The Commission also needed to determine if the agreement met the criteria for approval, including whether it was in the interests of the employees and whether it complied with the relevant provisions of the Fair Work Act.

In its decision, the Fair Work Commission considered the submissions from both parties and the evidence presented. The Commission found that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions. It determined that the agreement was in the interests of the employees and met the statutory criteria for approval. Consequently, the Commission approved the Origin Energy (LPG NSW Metro Bulk Drivers) Enterprise Agreement 2020.

The Fair Work Commission ordered the approval of the enterprise agreement, allowing it to take effect from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable between Origin Energy Limited and its employees.

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