Origin Energy Limited

[2023] FWCA 696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited

(AG2022/5581)

Origin Energy (Adelaide Customer Contact Centre and Retail X) Enterprise Agreement 2022

Electrical power industry
COMMISSIONER WILSON	MELBOURNE, 3 MARCH 2023

Application for approval of the Origin Energy (Adelaide Customer Contact Centre and Retail X) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Origin Energy (Adelaide Customer Contact Centre and Retail X) 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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings 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 the undertakings 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, 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.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2023. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Origin Energy Limited approached the Fair Work Commission to seek approval for a new enterprise agreement that would affect Adelaide customer contact centre and retail employees. The application was made under section 232 of the Fair Work Act 2009, seeking the Commission's determination on whether the proposed agreement met the requirements for a registered agreement. The Commission had to consider whether the agreement was a genuine enterprise agreement, and whether it complied with the relevant provisions of the Act and the National Employment Standards. The Commission also needed to ensure that the agreement was free from any unfair content, and that it had been properly negotiated.

The court focused on the negotiation process of the agreement, the coverage of the agreement, and the provisions regarding pay and conditions. The company argued that the agreement had been fairly negotiated, and that it covered all relevant employees. The court found that the negotiation process was valid, as the union had represented the majority of the employees and the company had provided necessary information. The court also found that the agreement covered all relevant employees and met the requirements for a single-enterprise agreement. Regarding pay and conditions, the court noted that the agreement provided for reasonable terms and conditions, and that it did not contain any unfair content. The court approved the application, finding that the agreement met all the necessary requirements.

The Fair Work Commission approved the application for the registration of the Origin Energy (Adelaide Customer Contact Centre and Retail X) Enterprise Agreement 2022. The agreement would now be a registered agreement under the Fair Work Act 2009, and would apply to all relevant employees. The Commission noted that the agreement provided for reasonable pay and conditions, and that it had been fairly negotiated. The court also noted that the agreement met all the necessary requirements for a registered agreement, and that it did not contain any unfair content. The agreement would now be binding on all parties, and would provide a framework for the employment relationship between Origin Energy and its Adelaide customer contact centre and retail employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established