Origin Energy Limited T/A Origin Energy Limited
[2023] FWCA 121
•13 JANUARY 2023
| [2023] FWCA 121 |
| 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
(AG2022/5143)
ORIGIN ENERGY (LPG BRISBANE) ENTERPRISE AGREEMENT 2021
| Oil and gas industry | |
| COMMISSIONER SPENCER | BRISBANE, 13 JANUARY 2023 |
Application for approval of the Origin Energy (LPG Brisbane) Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Brisbane) 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.
An exchange of information took place between the parties in relation to consideration of the Agreement for approval. A Better off Overall Test (BOOT) analysis was conducted against the relevant Award, and the Agreement was found to have a number of provisions that were more beneficial, including significantly higher rates of pay, redundancy provisions, overtime rates (where applicable) and lump sum cash payment opportunities.
Taking into account the information provided, and 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 20 January 2023. The nominal expiry date of the Agreement is 7 September 2024.
COMMISSIONER
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