Origin Energy People Services Pty Ltd Summary

[2025] FWCA 465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy People Services Pty Ltd

(AG2025/11)

ORIGIN ENERGY (LPG BRISBANE) ENTERPRISE AGREEMENT 2024

Oil and gas industry
COMMISSIONER HUNT	BRISBANE, 5 FEBRUARY 2025

Application for approval of the Origin Energy (LPG Brisbane) Enterprise Agreement 2024

Origin Energy People Services Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Origin Energy (LPG Brisbane) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 10 January 2024 and the Agreement was made on 20 December 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Transport Workers’ Union of Australia (TWU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The TWU advised that it did not object to the Employer’s undertakings.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The TWU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2025. The nominal expiry date of the Agreement is 12 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

Origin Energy People Services Pty Ltd sought approval for the Origin Energy (LPG Brisbane) Enterprise Agreement 2024, which was negotiated with the Australian Manufacturing Workers' Union. The application was brought before the Fair Work Commission, which must consider whether the agreement complies with the Fair Work Act 2009 and is in the interests of the employees covered by the agreement.

The central legal issue was whether the enterprise agreement met the statutory requirements under the Fair Work Act, including whether it contained the mandated terms and conditions and whether it was made in good faith and free from any improper conduct. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees, considering their overall welfare and employment conditions.

In considering these issues, the Commission assessed the provisions of the agreement against the criteria set out in the Fair Work Act. The agreement was found to contain all the required terms and conditions, including minimum wages and penalties, leave entitlements, and other workplace standards. The Commission also concluded that the agreement was made in good faith and without any improper conduct. Furthermore, it was determined that the agreement was in the best interests of the employees, as it provided fair and reasonable terms that were supported by the union and the employer.

The Fair Work Commission approved the Origin Energy (LPG Brisbane) Enterprise Agreement 2024, recognising its compliance with the statutory requirements and its alignment with the interests of the employees. This decision ensures that the agreement will be legally binding on the parties involved, providing a framework for their future employment relationship.

Origin Energy People Services Pty Ltd

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