Origin Energy People Services Pty Ltd Summary

[2024] FWCA 2726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Origin Energy People Services Pty Ltd

(AG2024/2573)

ORIGIN ENERGY (LPG NSW NON METROPOLITAN) ENTERPRISE AGREEMENT 2024

Energy industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 24 JULY 2024

Application for approval of the Origin Energy (LPG NSW Non Metropolitan) Enterprise Agreement 2024

Introduction

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

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Appendix 3. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2024. The nominal expiry date of the Agreement is 24 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy People Services Pty Ltd sought approval of a proposed enterprise agreement from the Fair Work Commission. The dispute centred around the terms and conditions of employment for employees within the LPG NSW Non Metropolitan region, as set out in the proposed agreement. The matter was heard by the Fair Work Commission, a federal workplace relations tribunal established under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This included an assessment of whether the agreement provided for the proper negotiation process, whether it complied with the relevant provisions of the Act, and if it provided fair and reasonable terms for the employees involved. The Commission also considered the fairness and reasonableness of specific terms within the agreement, including provisions related to redundancy and the management of employee grievances.

The Fair Work Commission found that the negotiation process was appropriate and the proposed agreement met the statutory requirements for approval. The Commission determined that the agreement provided fair and reasonable terms for the employees, taking into account the specific needs and circumstances of the LPG NSW Non Metropolitan region. The Commission was satisfied that the agreement contained provisions that addressed key issues such as redundancy and grievance management in a manner that was fair and reasonable. Consequently, the Commission approved the Origin Energy (LPG NSW Non Metropolitan) Enterprise Agreement 2024.

The Fair Work Commission approved the Origin Energy (LPG NSW Non Metropolitan) Enterprise Agreement 2024, effective from the date of the decision. The agreement now governs the employment conditions for employees within the LPG NSW Non Metropolitan region, as outlined in the approved terms and conditions.

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