Origin Energy Limited T/A Origin Energy Limited

[2022] FWCA 3450

[2022] FWCA 3450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy Limited T/A Origin Energy Limited

(AG2022/4086)

Origin Energy (LPG Mackay) Enterprise Agreement 2022.

Oil and gas industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 OCTOBER 2022

Application for approval of the Origin Energy (LPG Mackay) Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Mackay) 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 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 Agreement was approved on 7 October 2022 and, in accordance with s.54, will operate from 14 October 2022. The nominal expiry date of the Agreement is 25 March 2026.

COMMISSIONER

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