Origin Energy Limited T/A Origin Energy Limited

[2023] FWCA 288

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

(AG2022/5568)

ORIGIN ENERGY (LPG TOWNSVILLE) ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 31 JANUARY 2023

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

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

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 Transport Workers’ Union (TWU) and Australian Workers’ Union (AWU) being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2023. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

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CaseChat Overview and Summary

Origin Energy Limited, trading as Origin Energy Limited, filed an application for the approval of the Origin Energy (LPG Townsville) Enterprise Agreement 2021 with the Fair Work Commission. The agreement in question pertained to the terms and conditions of employment for employees engaged in liquefied petroleum gas (LPG) operations at the Townsville facility. The application was brought under the Fair Work Act 2009, seeking the Commission's determination that the agreement met the requirements for approval as a new enterprise agreement.

The central legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to ascertain whether the agreement contained all the prescribed minimum terms and conditions, was fairly negotiated, and adhered to the procedural requirements for its approval. This involved scrutinising the agreement to ensure it included essential matters such as wages, penalty rates, and other terms and conditions of employment, as well as verifying that the negotiation process was genuine and that any necessary protections for vulnerable employees were in place.

The Commission examined the agreement clause by clause, confirming that it included all the prescribed minimum terms and conditions as required by the Fair Work Act. The Commission determined that the agreement had been fairly negotiated and that all procedural requirements had been met. It found that the agreement contained provisions for wages, penalty rates, and other employment conditions, and that it complied with the statutory obligations. Therefore, the Commission approved the Origin Energy (LPG Townsville) Enterprise Agreement 2021, deeming it to be a lawful and binding agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established