AFL Telecommunications Australia Pty Ltd

[2025] FWCA 2892

[2025] FWCA 2892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

AFL Telecommunications Australia Pty Ltd

(AG2025/2594)

AFL TELECOMMUNICATIONS AUSTRALIA PTY LTD AND

UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER CONNOLLY	MELBOURNE, 2 SEPTEMBER 2025

Application for approval of the AFL Telecommunications Australia Pty Ltd and United Workers Union Enterprise Agreement 2025.

1. An application has been made for approval of an enterprise agreement known as the AFL Telecommunications Australia Pty Ltd And United Workers Union Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by AFL Telecommunications Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement. 

1. The matter was allocated to my Chambers on 12 August 2025. 

1. On 15 August 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking. 

1. There is a National Employment Standards (NES) issue that requires comment: 

• Personal carer’s leave: Clause 25.3(b) states an employee may take paid personal/carer’s leave if the leave is taken to provide care or support to a member of the employee’s immediate family (spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee or of a spouse or de facto partner of an employee), or a member of the employee’s household.

1. Clause 5 of the Agreement acts as an effective NES precedence clause, in that it states that in the event of an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES will apply to the extent of the inconsistency. As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES.  

1. The Commission raised issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to the relevant Award. The Employer has provided written undertakings to address the BOOT issues. However, I note that if the shift patterns change, an application can be made with respect to the BOOT.

1. The Applicant has provided written undertakings, dated 20 August 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking. 

1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement. 

1. The “United Workers’ Union”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation. 

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met. 

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2027. 

COMMISSIONER

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Annexure A