Origin Energy People Services Pty Ltd

[2025] FWCA 879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy People Services Pty Ltd

(AG2025/550)

ORIGIN ENERGY (LPG NSW CYLINDER EXCHANGE) ENTERPRISE AGREEMENT 2025

Oil and gas industry
DEPUTY PRESIDENT DEAN	CANBERRA, 11 MARCH 2025

Application for approval of the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Origin Energy (LPG NSW Cylinder Exchange) 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 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 is approved and, in accordance with s.54 of the Act, will operate from 18 March 2025. The nominal expiry date of the Agreement is 1 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Origin Energy People Services Pty Ltd, applied to the Fair Work Commission for approval of the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2025. The respondents, who included various unions and employee representatives, opposed the application on several grounds. The central dispute centred around the fairness and compliance of the proposed agreement with the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the agreement was made in good faith, whether it was genuinely bargained for by both parties, and if it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission needed to consider whether the agreement met the standard of being "better off overall" for the employees and if any aspects of the agreement unfairly disadvantaged any group of employees.

In delivering its decision, the Commission carefully examined the bargaining process and the content of the agreement. The Commission found that the agreement was made in good faith and that the bargaining process was genuine. It was noted that there was adequate consultation and that both parties had the opportunity to negotiate the terms of the agreement. The Commission also determined that the agreement met the "better off overall" test, as it provided employees with various benefits that outweighed any potential disadvantages. The procedural requirements of the Fair Work Act were also found to be satisfied. Consequently, the Commission approved the agreement, finding that it was fair and reasonable.

The Fair Work Commission approved the Origin Energy (LPG NSW Cylinder Exchange) Enterprise Agreement 2025, determining that it complied with the requirements of the Fair Work Act and was fair and reasonable for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established