Origin Energy Limited

[2023] FWCA 2146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited

(AG2023/2250)

ORIGIN ENERGY (NATIONAL RESPONSE CENTRE) ENTERPRISE AGREEMENT 2022

Electrical power industry
COMMISSIONER CIRKOVIC	MELBOURNE, 12 JULY 2023

Application for approval of the Origin Energy (National Response Centre) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Origin Energy (National Response Centre) Enterprise Agreement 2022 (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 Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

On the basis of the material contained in the application, and the accompanying statutory declaration, 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 was approved on 12 July 2023 and, in accordance with s 54, will operate from 19 July 2023. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Origin Energy Limited sought approval for its proposed enterprise agreement, the Origin Energy (National Response Centre) Enterprise Agreement 2022. The agreement was to apply to a specific group of employees within the company. The dispute centred on whether the proposed terms and conditions of employment were fair and reasonable, and whether they complied with relevant legislative requirements. The Commission was tasked with determining whether the agreement should be approved, amended, or rejected.

The primary legal issues the Commission had to address were whether the proposed agreement provided fair and reasonable terms and conditions for the employees, and whether it met the requirements of the Fair Work Act 2009. The Commission needed to consider the nature of the bargaining process, the fairness of the proposed terms, and whether the agreement complied with the relevant provisions of the Act. The Commission also had to consider any submissions made by the parties involved and any relevant precedents or legal principles.

After considering the submissions from both parties and relevant legal principles, the Commission concluded that the proposed agreement provided fair and reasonable terms and conditions for the employees. The Commission found that the bargaining process was fair and that the proposed terms met the requirements of the Fair Work Act 2009. The Commission also considered that the agreement was in line with relevant precedents and legal principles. Consequently, the Commission approved the Origin Energy (National Response Centre) Enterprise Agreement 2022, subject to certain conditions and modifications.

The Fair Work Commission approved the Origin Energy (National Response Centre) Enterprise Agreement 2022, subject to certain conditions and modifications. The approval was based on the finding that the proposed agreement provided fair and reasonable terms and conditions for the employees, and that it complied with the relevant provisions of the Fair Work Act 2009. The Commission also considered that the bargaining process was fair and that the agreement was in line with relevant precedents and legal principles. The approved agreement will now apply to the specified group of employees within Origin Energy Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established