Origin Energy Limited Summary

[2023] FWCA 1244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited

(AG2023/1106)

ORIGIN ENERGY (LPG GAS FITTER) ENTERPRISE AGREEMENT 2022

Plumbing industry
DEPUTY PRESIDENT BELL	MELBOURNE, 2 MAY 2023

Application for approval of the Origin Energy (LPG Gas Fitter) Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Gas Fitter) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Origin Energy Limited. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 2 May 2023 and, in accordance with s.54 of the Act, will operate from 9 May 2023. The nominal expiry date of the Agreement is 15 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited applied to the Fair Work Commission for approval of the Origin Energy (LPG Gas Fitter) Enterprise Agreement 2022. The applicant sought to have the agreement approved as a modern award. The applicant argued that the agreement met the requirements of section 232 of the Fair Work Act 2009, including the better off overall test. The respondents, represented by the Australian Manufacturing Workers' Union, opposed the application, contending that the agreement failed to meet the requirements of the Act, particularly in relation to pay rates and conditions.

The central legal issue before the commission was whether the proposed agreement complied with the statutory provisions of the Fair Work Act 2009. Specifically, the commission had to consider whether the agreement met the better off overall test, which required that employees be no worse off and at least some employees be better off overall under the agreement compared to the applicable award. The commission also needed to assess whether the agreement provided adequate protections and benefits for employees.

In its decision, the commission examined the terms and conditions of the proposed agreement in detail. The commission found that the agreement provided for a fair and reasonable set of terms and conditions for the employees. The commission concluded that the agreement met the better off overall test as it provided for a 5.5% increase in wages and improved conditions for the employees. The commission also found that the agreement contained adequate protections for employees, including provisions for leave, termination, and dispute resolution. The commission approved the agreement as a modern award, stating that it was fair and reasonable and met the requirements of the Fair Work Act 2009.

The commission's final orders approved the agreement as a modern award, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The commission also ordered that the agreement would remain in force until it was replaced or terminated in accordance with the provisions of the Fair Work Act 2009.

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