Origin Energy Limited T/A Origin Energy Limited

[2022] FWCA 4581

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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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