Origin Energy Limited T/A Origin Energy Limited Summary

[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

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.

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.

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.

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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CaseChat Overview and Summary

Origin Energy Limited T/A Origin Energy Limited applied to the Fair Work Commission for approval of the Origin Energy (LPG Mackay) Enterprise Agreement 2022. The application was opposed by the Australian Manufacturing Workers' Union. The dispute involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement had been made freely and voluntarily, and if it contained the prescribed minimum terms and conditions of employment.

The Commission considered whether the agreement was genuinely a product of free and voluntary bargaining, and whether it contained all the prescribed minimum terms. The applicant argued that the agreement was the result of good faith negotiations and that it complied with the minimum terms. The union opposed the application, contending that the agreement did not meet the requirements for genuine bargaining and did not include the necessary minimum terms. The Commission examined the evidence and submissions from both parties, including the process of negotiations and the content of the agreement. The Commission concluded that the agreement was made freely and voluntarily and included all the prescribed minimum terms. Therefore, the application was approved.

The Fair Work Commission approved the Origin Energy (LPG Mackay) Enterprise Agreement 2022, finding that it was genuinely negotiated and met all statutory requirements. The Commission's decision was based on the evidence presented, including the process of negotiations and the terms of the agreement. The applicant's argument that the agreement was the result of good faith bargaining was upheld, and the union's opposition was dismissed. This decision ensures that the agreement is legally binding and can be implemented by the parties.

Origin Energy Limited T/A Origin Energy Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established