Origin Energy Limited T/A Origin Energy Limited

[2023] FWCA 329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Origin Energy Limited T/A Origin Energy Limited

(AG2022/5574)

ORIGIN ENERGY (LPG DARLING DOWNS) ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 2 FEBRUARY 2023

Application for approval of the Origin Energy (LPG Darling Downs) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Darling Downs) Enterprise Agreement 2021 (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 T/A Origin Energy Limited (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Transport Workers’ Union (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. 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 9 February 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

Origin Energy Limited, trading as Origin Energy Limited, applied to the Fair Work Commission for the approval of the Origin Energy (LPG Darling Downs) Enterprise Agreement 2021. The dispute centred around whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009 for fair and appropriate terms and conditions of employment. The Fair Work Commission was tasked with determining the legality and fairness of the agreement, specifically whether it complied with the statutory requirements for enterprise agreements.

The central legal issue was whether the proposed enterprise agreement provided for fair and appropriate terms and conditions, as required by section 234 of the Fair Work Act. The Commission had to examine the agreement to ensure it did not adversely affect employees' wages and conditions and that it was free from any unfair provisions. Additionally, the Commission considered whether the agreement was made in good faith and followed the necessary bargaining processes as stipulated by the Act.

The Fair Work Commission found that the enterprise agreement complied with all statutory requirements. It was determined that the agreement provided for fair and appropriate terms and conditions for the employees and was made in good faith. The Commission approved the agreement, confirming that it met the necessary criteria under the Fair Work Act. The decision highlighted that the agreement appropriately balanced the interests of both the employer and the employees, ensuring that it was fair and did not adversely affect the employees' rights.

The Fair Work Commission approved the Origin Energy (LPG Darling Downs) Enterprise Agreement 2021, effective from the date of the decision. The approval was based on the finding that the agreement provided for fair and appropriate terms and conditions, was made in good faith, and complied with all statutory requirements under the Fair Work Act. The decision effectively resolved the dispute, allowing the agreement to be implemented as intended by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established