Origin Energy Limited Summary

[2023] FWCA 164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited

(AG2022/5480)

ORIGIN ENERGY (LPG NSW CYLINDER EXCHANGE) ENTERPRISE AGREEMENT 2022

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JANUARY 2023

Application for approval of the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG NSW Cylinder Exchange) 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.

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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 25 January 2023 and, in accordance with s.54, will operate from 1 February 2023. The nominal expiry date of the Agreement is 1 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Origin Energy Limited, the Fair Work Commission (FWC) was presented with an application for the approval of a new enterprise agreement. This agreement, titled the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2022, was proposed by Origin Energy Limited for its employees engaged in the cylinder exchange business within the LPG NSW region. The dispute centred on whether the proposed agreement met the legal criteria for approval, specifically under section 234 of the Fair Work Act 2009.

The primary legal issues that the FWC had to address included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the procedural requirements of the Fair Work Act, and whether it was genuinely negotiated between the parties. A significant aspect of the discussion was the fairness of the proposed terms concerning the employees' remuneration, working conditions, and other employment-related matters. Additionally, the FWC had to consider whether the agreement adequately represented the interests of the employees and whether it aligned with the principles of the Fair Work Act.

Upon examining the evidence and submissions presented by both parties, the FWC concluded that the proposed agreement was fair and reasonable in all its terms. The FWC found that the agreement was the result of genuine bargaining and met the procedural requirements under the Act. The FWC also determined that the agreement provided for fair and reasonable terms and conditions, taking into account the specific circumstances of the employees in the LPG NSW Cylinder Exchange business. Consequently, the FWC approved the agreement, finding it to be in compliance with the statutory requirements.

The FWC's decision was thus to approve the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2022, effective from the date of the decision. This decision was made based on the comprehensive analysis of the fairness and reasonableness of the agreement's terms, the procedural correctness of the negotiation process, and the compliance with the statutory framework.

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