Origin Energy Limited Summary

[2023] FWCA 1702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited

(AG2023/1515)

ORIGIN ENERGY (LPG TASMANIA) ENTERPRISE AGREEMENT 2022

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JUNE 2023

Application for approval of the Origin Energy (LPG Tasmania) Enterprise Agreement 2022

Origin Energy Limited has made an application for approval of an enterprise agreement known as the Origin Energy (LPG Tasmania) Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the TWU.

The Agreement was approved on 9 June 2023 and, in accordance with s 54, it will operate from 16 June 2023. The nominal expiry date of the Agreement is 31 August 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Origin Energy Limited, the Fair Work Commission was called upon to determine the application for approval of the Origin Energy (LPG Tasmania) Enterprise Agreement 2022. The parties involved were Origin Energy Limited, the employer, and the Australian Manufacturing Workers' Union, representing the employees. The dispute centred on whether the terms and conditions outlined in the proposed enterprise agreement were in the best interests of the employees and complied with the relevant legislative requirements.

The primary legal issues the court had to resolve included whether the agreement provided for fair and reasonable terms and conditions, whether it met the criteria for being a "better off overall" test, and if it complied with the Fair Work Act 2009. Additionally, the court had to consider whether the agreement appropriately addressed the needs and rights of the employees, including any issues relating to redundancy and re-deployment.

In reaching its decision, the Fair Work Commission examined the submissions and evidence provided by both parties. It considered the financial viability of the enterprise, the proposed changes to employment conditions, and the impact on the employees. The court found that the agreement was fair and reasonable, met the better off overall test, and complied with the statutory requirements. The Commission approved the enterprise agreement, noting that it provided for a balanced approach that addressed the interests of both the employer and the employees. The final orders of the Commission mandated the implementation of the enterprise agreement, subject to the terms and conditions as outlined.

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