Origin Energy Limited T/A Origin Energy Limited

[2022] FWCA 4471

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

(AG2022/4989)

Origin Energy (LPG Shepparton & Dandenong) Enterprise Agreement 2022

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 21 DECEMBER 2022

Application for approval of the Origin Energy (LPG Shepparton & Dandenong) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Shepparton & Dandenong) 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 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 28 December 2022. The nominal expiry date of the Agreement is 1 February 2026.

COMMISSIONER

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CaseChat Overview and Summary

Origin Energy Limited, trading as Origin Energy Limited, brought an application for the approval of the Origin Energy (LPG Shepparton & Dandenong) Enterprise Agreement 2022. The application was heard in the Fair Work Commission, which was tasked with determining whether the proposed agreement complied with the Fair Work Act 2009. The dispute centred on whether the terms of the enterprise agreement were fair and reasonable, particularly in relation to the employees’ working conditions, wages, and other employment-related matters.

The legal issues before the Commission included whether the agreement provided adequate protections for employees, whether it met the requirements of the Fair Work Act, and whether it was genuinely negotiated between the employer and the employees' representatives. The Commission had to carefully examine the provisions of the agreement, considering the balance of rights and obligations between the parties, the fairness of the terms, and compliance with statutory obligations.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable. The Commission was satisfied that the agreement provided adequate protections for employees, was negotiated in good faith, and met the statutory requirements set out in the Fair Work Act. The Commission concluded that the agreement was in the best interests of the employees and approved the application for its registration.

Consequently, the Fair Work Commission approved the application for the registration of the Origin Energy (LPG Shepparton & Dandenong) Enterprise Agreement 2022, making it a legally binding document between Origin Energy Limited and the affected employees. The decision ensures that the terms of the agreement will govern the employment conditions of the employees covered by the agreement, providing a clear framework for their working relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established