Origin Energy Limited T/A Origin Energy Limited

[2022] FWCA 4581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited T/A Origin Energy Limited

(AG2022/5215)

Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2021

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 23 DECEMBER 2022

Application for approval of the Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Cairns/Mareeba) 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 Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia, 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 was approved on 23 December 2022 and, in accordance with s.54, will operate from 30 December 2022. The nominal expiry date of the Agreement is 30 November 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Origin Energy Limited, trading as Origin Energy Limited, sought approval of the Origin Energy (LPG Cairns/Mareeba) Enterprise Agreement 2021. The application for approval came before Deputy President J M P Smith. The dispute revolved around whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be approved and registered. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in accordance with the procedural requirements of the Act.

The primary legal issues were whether the agreement was genuinely a product of bargaining between the parties, whether it contained all the required minimum terms and conditions, and whether the agreement was fair and reasonable. The bargaining process and the contents of the agreement were under scrutiny to ensure there were no unfair terms that might undermine the spirit of the Act. Additionally, the court had to consider if the agreement was made without coercion or undue influence.

The Deputy President found that the agreement was genuinely made by the parties without any undue influence or coercion. The agreement was found to provide for fair and reasonable terms and conditions, and it complied with all the necessary requirements under the Fair Work Act 2009. The Deputy President was satisfied that the bargaining process was genuine and that the agreement was made in good faith. Consequently, the application for approval was granted, and the agreement was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established