austlii:cth/FWCA/2025/3579
General information, not legal advice.
FWCA
2025-10-24
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Origin Energy People Services Pty Ltd trading as Origin Energy
ORIGIN ENERGY (LPG GLADSTONE, MARYBOROUGH, GYMPIE, MACKAY AND YEPPOON) ENTERPRISE AGREEMENT 2025
Application for approval of the Origin Energy (LPG Gladstone, Maryborough, Gympie, Mackay and Yeppoon) Enterprise Agreement 2025
[1] 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 Gladstone, Maryborough, Gympie, Mackay and Yeppoon) 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.
[2] A party's application for the Commission's approval of an enterprise agreement must be accompanied by a signed copy of that agreement.[1] A copy of an enterprise agreement is a signed copy only if it is signed by the employer covered by the agreement and at least 1 representative of the employees covered by the agreement, and it includes each signatory's full name and address, and an explanation of their authority to sign.[2] In this matter the employee representative's address refers to the postcode but not the suburb. Nonetheless I am satisfied the address is complete because each postcode is unique and I consider it sufficient to take notice that the particular street name is unique within that postcode.
[3] 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. I also consider cl 12.1(e) of the Agreement to be consistent with section 196 of the Fair Work Act.
[4] In light of the foregoing, 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, and 188 of the Fair Work Act as are relevant to this application for approval have been met.
[5] The Transport Workers' Union of Australia (TWU) lodged a declaration in the prescribed form[3] 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.
[6] 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 24 October 2029.
[2] Fair Work Act 2009 s 185(5) and Fair Work Regulations 2009 (Cth) r 2.06A.
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