DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Energy Limited
(AG2021/4372)

ORIGIN ENERGY (LPG DARLING DOWNS) ENTERPRISE AGREEMENT 2020

Oil and gas industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 APRIL 2021

Application for approval of the Origin Energy (LPG Darling Downs) Enterprise Agreement 2020.

[1] Origin Energy Limited (the Employer) has made an application for approval of an enterprise agreement known as the Origin Energy (LPG Darling Downs) Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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] I observe that clause 6.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 20 April 2021 and, in accordance with s 54, will operate from 27 April 2021. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

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 Darling Downs) Enterprise Agreement 2020. The application arose as a result of negotiations between Origin Energy Limited and the relevant trade unions representing the employees within the LPG Darling Downs enterprise. The primary dispute centred on the terms and conditions of employment for the employees, as well as the broader employment framework within the enterprise.

The legal issues before the Commission centred on whether the proposed agreement complied with the relevant statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement met the minimum standards for employees, whether it provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated between the parties. Additionally, the Commission examined whether the agreement contained provisions that were contrary to public policy or had any discriminatory effects.

In its decision, the Fair Work Commission found that the proposed agreement was compliant with the statutory requirements. The Commission acknowledged that the agreement provided for fair and reasonable terms and conditions for the employees, and that it had been genuinely negotiated between the parties. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy or had any discriminatory effects. Consequently, the Commission approved the Origin Energy (LPG Darling Downs) Enterprise Agreement 2020, bringing the dispute to a close.

The final orders of the Fair Work Commission confirmed the approval of the enterprise agreement, thereby resolving the dispute between Origin Energy Limited and the relevant trade unions. The agreement now serves as the governing employment framework for the employees within the LPG Darling Downs enterprise, providing clarity and certainty in the terms and conditions of their employment.

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