Origin Energy People Services Pty Ltd Summary

[2025] FWCA 3085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Origin Energy People Services Pty Ltd

(AG2025/2978)

ORIGIN ENERGY (DARLING DOWNS POWER STATION) ENTERPRISE AGREEMENT 2025

Electrical power industry
COMMISSIONER DURHAM	BRISBANE, 11 SEPTEMBER 2025

Application for approval of the Origin Energy (Darling Downs Power Station) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Origin Energy (Darling Downs Power Station) Enterprise Agreement 2025 (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 People Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Mining and Energy Union Queensland District Branch (MEU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU); and Australian Municipal, Administrative, Clerical and Services Union (The Services Union) each lodged their respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the MEU, ETU, and The Services Union.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 September 2028.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy People Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with its employees, as per the Fair Work Act 2009. The application was contested by the Australian Council of Trade Unions, which raised concerns about the fairness and appropriateness of the agreement's terms and conditions. The dispute centred on whether the agreement met the criteria for approval as outlined in the Act.

The legal issues before the Commission involved determining whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The Commission examined the agreement's provisions, the bargaining process, and the nature of the bargaining parties. It was important to assess whether the agreement adequately protected the employees' interests and whether it complied with the relevant provisions of the Fair Work Act.

The Commission found that the agreement provided for fair and reasonable terms and conditions and was made in good faith. The Commission noted that the agreement had been negotiated between parties with genuine bargaining power and that the terms and conditions were consistent with those in similar agreements within the industry. The Commission also found that the agreement provided for appropriate protections for employees, including provisions for minimum wage rates, entitlements, and dispute resolution mechanisms. After considering all the evidence and arguments presented, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Origin Energy (Darling Downs Power Station) Enterprise Agreement 2025 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and published on the Fair Work Commission's website, and it would come into effect on 1 July 2025. The Commission also ordered that the agreement be notified to the relevant parties and that any disputes arising under the agreement would be dealt with in accordance with its provisions.

Origin Energy People Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established