Origin Energy Limited T/A Origin Energy Limited

[2023] FWCA 113

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

(AG2022/5472)

ORIGIN ENERGY (LPG NSW METRO BULK DRIVERS) ENTERPRISE AGREEMENT 2022

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 12 JANUARY 2023

Application for approval of the Origin Energy (LPG NSW Metro Bulk Drivers) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG NSW Metro Bulk Drivers) 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 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2023. The nominal expiry date of the Agreement is 5 August 2025

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited, trading as Origin Energy Limited, sought approval from the Fair Work Commission of the Origin Energy (LPG NSW Metro Bulk Drivers) Enterprise Agreement 2022. The agreement was to govern the employment terms of LPG NSW Metro Bulk Drivers employed by Origin Energy. The applicant argued that the proposed agreement met the requirements of the Fair Work Act 2009 and should be approved as a certified agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. This included assessing whether the agreement had been made in good faith and whether it dealt with the employees' terms and conditions of employment in a manner that was consistent with the provisions of the Act. Additionally, the Commission needed to determine whether the agreement met the relevant thresholds for coverage and if it complied with the good faith bargaining obligations.

In assessing the agreement, the Commission considered the evidence and submissions from both parties. It examined whether the agreement provided for a fair and reasonable set of terms and conditions, including provisions for wages, hours of work, leave entitlements, and other relevant matters. The Commission also considered whether the agreement had been made in good faith and whether there was sufficient evidence of genuine bargaining between the parties. After reviewing all the evidence, the Commission determined that the agreement met the criteria for approval and did not contain any provisions that were contrary to the public interest.

The Commission approved the Origin Energy (LPG NSW Metro Bulk Drivers) Enterprise Agreement 2022, certifying it as a lawful agreement. The certified agreement would now govern the employment terms of the LPG NSW Metro Bulk Drivers employed by Origin Energy, providing a framework for their wages, hours of work, leave entitlements, and other relevant employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established