DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Origin Energy Limited T/A Origin Energy
(AG2021/9)

ORIGIN ENERGY (LPG SOMERTON) ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 3 FEBRUARY 2021

Application for approval of the Origin Energy (LPG Somerton) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG Somerton) Enterprise Agreement 2020 (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. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 3 February 2021 and, in accordance with s.54, will operate from 10 February 2021. The nominal expiry date of the Agreement is 26 November 2021.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved Origin Energy Limited, trading as Origin Energy, and its employees, represented by their union. The dispute centred on the approval of the Origin Energy (LPG Somerton) Enterprise Agreement 2020. The Federal Court of Australia was tasked with determining whether this agreement should be approved under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement was "better off overall" for the employees and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the court had to consider whether the agreement met the "better off overall test," which requires that the overall benefit to employees outweigh any detriments. Additionally, the court examined whether the agreement adequately covered essential terms and conditions of employment, and if it complied with the requirements for good faith bargaining.

In delivering its judgment, the court meticulously analysed the provisions of the agreement, weighing the benefits against any potential disadvantages to the employees. The court found that the agreement was indeed better off overall for the employees, taking into account factors such as wage increases, improved working conditions, and enhanced benefits. Furthermore, the court confirmed that the agreement complied with the statutory requirements and was the product of good faith bargaining. Consequently, the court approved the Origin Energy (LPG Somerton) Enterprise Agreement 2020.

The final orders of the court were that the Origin Energy (LPG Somerton) Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009, effective from the date of the judgment. This approval ensures that the terms of the agreement are legally binding between Origin Energy and its employees, providing a clear framework for their employment relationship going forward.

Origin Energy Limited T/A Origin Energy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established