Origin Energy Limited T/A Origin Energy Limited

[2022] FWCA 4480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited T/A Origin Energy Limited

(AG2022/5097)

Origin Energy (Darling Downs Power Station) Enterprise Agreement 2022

Electrical power industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 DECEMBER 2022

Application for approval of the Origin Energy (Darling Downs Power Station) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Origin Energy (Darling Downs Power Station) Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (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 Construction, Forestry, Maritime, Mining and Energy Union, the Australian Municipal, Administrative, Clerical and Services Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 December 2022. The nominal expiry date of the Agreement is 1 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy Limited, trading as Origin Energy Limited, has applied for approval of the Origin Energy (Darling Downs Power Station) Enterprise Agreement 2022. The dispute involves whether the proposed agreement meets the statutory requirements for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, a tribunal with jurisdiction over employment and workplace relations matters in Australia.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements under the Fair Work Act. Procedurally, the Commission needed to determine if proper consultation had taken place with relevant employees, and if the agreement was made in good faith. Substantively, the Commission examined whether the agreement provided fair and reasonable terms and conditions of employment, including pay and conditions that were no less favourable than the applicable awards or registered agreements.

The Commission found that the agreement was procedurally sound, as Origin Energy had demonstrated thorough consultation with employees and good faith in negotiating the terms. Substantively, the Commission assessed various aspects of the agreement, including pay rates, working conditions, and dispute resolution mechanisms. The Commission concluded that the agreement provided fair and reasonable terms for the employees, meeting the statutory requirements under the Fair Work Act. As a result, the Commission approved the Origin Energy (Darling Downs Power Station) Enterprise Agreement 2022.

The final orders of the Commission include the approval of the enterprise agreement, which will now serve as the governing document for the terms and conditions of employment for the relevant employees at the Darling Downs Power Station. The agreement is to be registered with the Fair Work Commission, thereby supplanting any previous applicable awards or agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established