Origin Energy Limited T/A Origin Energy Limited

[2022] FWCA 4546

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

(AG2022/5220)

Origin Energy (Retail X Brisbane) Enterprise Agreement 2022

Electrical power industry
COMMISSIONER HUNT	BRISBANE, 21 DECEMBER 2022

Application for approval of the Origin Energy (Retail X Brisbane) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Origin Energy (Retail X Brisbane) 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 Employer). 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 does not cover all of the employees of the Employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2022. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

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CaseChat Overview and Summary

Origin Energy Limited, trading as Origin Energy Limited, applied to the Fair Work Commission for approval of the Origin Energy (Retail X Brisbane) Enterprise Agreement 2022. The application sought to resolve disputes concerning the terms and conditions of employment for retail employees in the Brisbane area. The Commission, tasked with ensuring that enterprise agreements meet certain criteria, needed to determine whether the agreement complied with the requirements set out in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the prescribed minimum terms, whether it was free from prohibited content, and whether it had been genuinely negotiated between the parties. The Commission examined the agreement's provisions against the legislative framework to ensure it adhered to the standards set for enterprise agreements. Furthermore, the Commission considered submissions from both Origin Energy and the relevant employee representatives to assess the genuineness of the negotiation process.

After thorough analysis, the Commission found that the agreement satisfied all the necessary requirements. It contained all the prescribed minimum terms, was devoid of any prohibited content, and had been genuinely negotiated between the parties. Consequently, the Commission approved the Origin Energy (Retail X Brisbane) Enterprise Agreement 2022, affirming its compliance with the Fair Work Act 2009. The decision was made with careful consideration of the evidence and submissions provided, ensuring that the agreement would be effective in governing the employment terms for the relevant retail employees in Brisbane.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established