Origin Energy People Services Pty Ltd T/A Origin Energy Summary

[2025] FWCA 349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy People Services Pty Ltd T/A Origin Energy

(AG2025/5)

ORIGIN ENERGY (LPG NSW METRO BULK) ENTERPRISE AGREEMENT 2025

Oil and gas industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 29 JANUARY 2025

Application for approval of the Origin Energy (LPG NSW Metro Bulk) Enterprise Agreement 2025

Introduction

Origin Energy People Services Pty Ltd T/A Origin Energy (the Employer) has made an application for approval of an enterprise agreement known as the Origin Energy (LPG NSW Metro Bulk) Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 7 November 2024 and the Agreement was made on 20 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Regulation 2.06 Requirements

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

National Employment Standards (NES) Precedence Term

Clause 7.4 of the Agreement provides that the Employer is not obliged to make redundancy payments to an employee in circumstances where the employee is redeployed into an alternate position. This clause does not appear to provide that release from an obligation to pay amounts under the NES in respect of redundancy is subject to the approval of the FWC, as required by s.120 of the Act.

Clause 23 (a) of the Agreement indicates that an employee may be required to work a public holiday, however, does not specify that an employee may refuse to work a public holiday where the request by the employer is unreasonable, or the refusal is reasonable. This may be inconsistent with s.114(3) of the Act.

To the extent that these clauses may be inconsistent with the National Employment Standards (NES), I note that in accordance with the NES precedence term in Clause 5(c) of the Agreement, they will be read and interpreted in conjunction with the NES.

Section 186, 187, and 188

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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2025. The nominal expiry date of the Agreement is 29 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission was an application for the approval of the Origin Energy (LPG NSW Metro Bulk) Enterprise Agreement 2025. The application was brought by Origin Energy People Services Pty Ltd, trading as Origin Energy. The dispute centred on the proposed enterprise agreement which was intended to govern the employment conditions of certain employees in the LPG NSW Metro Bulk division of the company. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory prerequisites for approval. This included assessing whether the agreement had been fairly negotiated and if it contained the necessary minimum terms and conditions as mandated by the Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees it covered and whether it provided adequate protections against detrimental treatment.

In making its determination, the Commission considered the evidence provided by both parties and the broader context of the enterprise bargaining process. The Commission found that the agreement had been fairly negotiated and contained all the required minimum terms and conditions. It also concluded that the agreement was in the best interests of the employees, providing them with protections and benefits that were fair and reasonable. Consequently, the Commission approved the Origin Energy (LPG NSW Metro Bulk) Enterprise Agreement 2025. The decision was made on the basis that the agreement met all the statutory requirements and was in the best interests of the employees it covered.

Origin Energy People Services Pty Ltd T/A Origin Energy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established