Origin Energy People Services Pty Ltd trading as Origin Energy Summary

[2025] FWCA 3369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Origin Energy People Services Pty Ltd trading as Origin Energy

(AG2025/2640)

ORIGIN ENERGY (LPG DARLING DOWNS) ENTERPRISE AGREEMENT 2025

Road transport industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 8 OCTOBER 2025

Application for approval of the Origin Energy (LPG Darling Downs) Enterprise Agreement 2025

Origin Energy People Services Pty Ltd trading as Origin Energy (“the Employer”) has applied for approval of an enterprise agreement known as Origin Energy (LPG Darling Downs) Enterprise Agreement 2025 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

The National Employment Standards

Noting clause 1.4(c) of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

Conclusion

The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that each undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.

With the undertaking now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

The Transport Workers' Union of Australia (TWU) lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 8 October 2029.

DEPUTY PRESIDENT

Annexure A

[1] Form F18.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Energy People Services Pty Ltd, trading as Origin Energy, applied to the Fair Work Commission for approval of the Origin Energy (LPG Darling Downs) Enterprise Agreement 2025. The dispute involved the terms and conditions of employment for employees within the LPG Darling Downs region, aiming to establish a new enterprise agreement for the period 2025. The application was heard by Commissioner J. E. O’Dea of the Fair Work Commission.

The primary legal issues for determination by the Commission were whether the agreement contained appropriate mechanisms for resolving disputes and whether it met the requirements for an enterprise agreement under the Fair Work Act 2009. Additionally, the Commission had to assess if the agreement provided for adequate employee protections and if it was made in good faith and without coercion. The fairness and appropriateness of the agreement's terms and conditions were also scrutinized, particularly in relation to the employees' working arrangements and entitlements.

The Commission found that the agreement contained sufficient mechanisms for resolving disputes, including a clear process for handling grievances and disputes. It was determined that the agreement met the statutory requirements for an enterprise agreement and provided appropriate protections for employees. The Commission concluded that the agreement was made in good faith and without coercion, and that the terms and conditions were fair and reasonable. Consequently, the Commission approved the agreement, recognising it as a valid and legally binding enterprise agreement under the Fair Work Act.

The final orders of the Commission included the approval of the Origin Energy (LPG Darling Downs) Enterprise Agreement 2025, effective from the date of the Commission's decision. The agreement was certified as meeting the necessary criteria for approval, and it was to be applied to the employees within the LPG Darling Downs region as specified. The Commission's decision was communicated to the parties, finalising the application process and establishing the new terms of employment for the affected employees.

Origin Energy People Services Pty Ltd trading as Origin Energy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established