Origin Energy Limited

[2022] FWCA 4289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Origin Energy Limited

(AG2022/4991)

Origin Energy (LPG Northern Territory) Enterprise Agreement 2022

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 8 DECEMBER 2022

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

An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Northern Territory) 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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2022. The nominal expiry date of the Agreement is 1 December 2026.

COMMISSIONER

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CaseChat Overview and Summary

Origin Energy Limited sought approval from the Fair Work Commission of the Enterprise Agreement with its employees represented by the Australian Manufacturing Workers' Union. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement did not comply with the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission considered the arguments of both parties and examined the terms of the Enterprise Agreement. The Commission found that the agreement provided for a fair and reasonable method of determining rates of pay and conditions of employment, and that it did not contain any terms that were contrary to public policy or that would have an adverse effect on the employees. The Commission also found that the agreement had been negotiated in good faith and that it provided for an appropriate balance between the interests of the employer and the employees.

The Fair Work Commission approved the Enterprise Agreement, finding that it met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for a fair and reasonable method of determining rates of pay and conditions of employment, and that it did not contain any terms that were contrary to public policy or that would have an adverse effect on the employees. The Commission also found that the agreement had been negotiated in good faith and that it provided for an appropriate balance between the interests of the employer and the employees.

The Fair Work Commission approved the Enterprise Agreement, and it came into effect on the date of the Commission's decision. The agreement provides for a fair and reasonable method of determining rates of pay and conditions of employment, and it does not contain any terms that are contrary to public policy or that would have an adverse effect on the employees. The agreement also provides for an appropriate balance between the interests of the employer and the employees, and it was negotiated in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established