DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alcatel-Lucent Australia Limited T/A Nokia
(AG2017/6007)

ALCATEL-LUCENT EMPLOYMENT PARTNERSHIP AGREEMENT 2017

Telecommunications services
COMMISSIONER WILSON	MELBOURNE, 15 MAY 2018

Application for approval of the Alcatel-Lucent Employment Partnership Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Alcatel-Lucent Employment Partnership Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alcatel-Lucent Australia Limited T/A Nokia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Association of Professional Engineers, Scientists and Managers, Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2018. The nominal expiry date of the Agreement is 14 May 2022

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alcatel-Lucent Australia Limited T/A Nokia applied to the Fair Work Commission for approval of the Alcatel-Lucent Employment Partnership Agreement 2017. The applicant sought to establish an enterprise agreement which would provide for changes to employee working conditions, including hours of work, classification, remuneration, and other terms and conditions. The nature of the dispute was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of its procedural fairness and the genuineness of the agreement.

The legal issues before the court centred on the procedural fairness of the consultation process leading to the agreement, and whether the agreement was genuinely an agreement of the parties. The applicant argued that it had conducted genuine consultation processes and that the agreement reflected a genuine consensus between the parties. The respondents, representing the employees, contested the fairness of the process and the genuineness of the agreement. They contended that the consultation process was inadequate and that the agreement did not truly reflect the consensus of the parties.

The court found that the applicant had undertaken a comprehensive and genuine consultation process, providing employees with adequate information and opportunity to express their views. The court held that the agreement was genuinely an agreement of the parties, as it was the result of a process that was procedurally fair and reflected the consensus of the parties. The court approved the agreement, finding that it met all statutory requirements under the Fair Work Act 2009. The decision was made in light of the evidence presented regarding the consultation process and the nature of the agreement.

The final orders of the court were that the Alcatel-Lucent Employment Partnership Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees involved.

Alcatel-Lucent Australia Limited T/A Nokia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established