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

[2025] FWCA 480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Energy People Services Pty Ltd T/A Origin Energy

(AG2025/21)

ORIGIN ENERGY (LPG TOWNSVILLE) ENTERPRISE AGREEMENT 2024

Oil and gas industry
COMMISSIONER HUNT	BRISBANE, 6 FEBRUARY 2025

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

Origin Energy People Services Pty Ltd T/A Origin Energy (the Employer) has applied for approval of an enterprise agreement known as the Origin Energy (LPG Townsville) 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 3 January 2025. 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), the Australian Workers’ Union (AWU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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 and the AWU, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the TWU and the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2025. The nominal expiry date of the Agreement is 6 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Origin Energy People Services Pty Ltd, trading as Origin Energy, for approval of the Origin Energy (LPG Townsville) Enterprise Agreement 2024. The agreement in question was proposed to regulate the employment conditions of the company’s employees in the LPG Townsville operations. The dispute centred on whether the terms of the proposed agreement were fair and reasonable, in line with the criteria established under the Fair Work Act 2009.

The central legal issues that the commission had to address involved whether the proposed enterprise agreement met the statutory requirements for fairness and reasonableness. This included examining whether the agreement appropriately balanced the interests of the employees with the business needs of Origin Energy. The commission had to consider factors such as the process by which the agreement was negotiated, the extent to which it provided for the fair treatment of employees, and whether it included appropriate mechanisms for dispute resolution and protection of employee rights.

After a thorough review of the evidence and submissions presented by both parties, the commission found that the proposed enterprise agreement did indeed meet the necessary standards of fairness and reasonableness. The agreement was noted to have been negotiated in good faith and included provisions that were deemed to adequately protect the interests of employees while also allowing for the efficient operation of the company. The commission emphasised that the agreement provided for fair treatment of employees, with adequate protections against unfair dismissal and provisions for dispute resolution. Consequently, the commission approved the Origin Energy (LPG Townsville) Enterprise Agreement 2024, subject to the terms and conditions outlined in the approval order.

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