Origin Energy Limited Summary

[2023] FWCA 2101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited

(AG2023/2125)

ORIGIN ENERGY (LPG SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2023

Electrical power industry
COMMISSIONER LIM	PERTH, 12 JULY 2023

Application for approval of the Origin Energy (LPG South Australia) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG South Australia) Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Origin Energy Limited.

The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2023. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Origin Energy Limited applied to the Fair Work Commission for approval of the Origin Energy (LPG South Australia) Enterprise Agreement 2023. The application was contested by the Australian Manufacturing Workers' Union, who argued that the agreement did not comply with the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the criteria for registration and approval under the Act. Specifically, the Commission had to assess whether the agreement was made in good faith and whether it provided for the terms and conditions of employment of the relevant employees.

The Commission considered the evidence and submissions presented by both parties. It examined whether the agreement was made without coercion, duress or any other form of improper conduct. The Commission also assessed whether the agreement provided for the fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and other employment-related matters. The Commission noted that the agreement contained provisions that were consistent with the provisions of the relevant industrial awards and legislation.

After considering the evidence and submissions, the Commission determined that the agreement was made in good faith and provided for the fair and reasonable terms and conditions of employment. The Commission found that the agreement met the criteria for registration and approval under the Act. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the Origin Energy (LPG South Australia) Enterprise Agreement 2023, subject to modifications. The modifications related to the agreement's provisions on employee entitlements and dispute resolution. The Commission determined that the agreement, as modified, met the criteria for registration and approval under the Fair Work Act 2009. The Commission's decision was based on its assessment of the evidence and submissions presented by both parties, and its determination that the agreement was made in good faith and provided for the fair and reasonable terms and conditions of employment.

Origin Energy Limited

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