Amplitel Pty Ltd Summary

[2024] FWCA 3121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amplitel Pty Ltd

(AG2024/2785)

AMPLITEL ENTERPRISE AGREEMENT 2024-2027

Telecommunications services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 27 AUGUST 2024

Application for approval of the Amplitel Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Amplitel Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amplitel Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Community and Public Sector Union (CPSU), being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations. The CPSU supports approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2024. The nominal expiry date of the Agreement is 30 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Amplitel Pty Ltd, applied for approval of the Amplitel Enterprise Agreement 2024-2027. The dispute involved whether the agreement met the requirements for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The primary legal issues addressed by the court were whether the agreement provided for the safety and welfare of employees, whether it provided for fair and reasonable terms and conditions, and whether the agreement was genuinely negotiated. A secondary issue was whether the agreement complied with the requirements for an enterprise agreement to be approved by the Commission.

The court found that the agreement was genuine, as it was negotiated in good faith and covered the necessary topics. It provided for adequate safety and welfare provisions and terms and conditions that were fair and reasonable. The court also considered that the agreement complied with the statutory requirements for enterprise agreements. Therefore, the court approved the agreement, finding it met all the necessary criteria.

The Fair Work Commission approved the Amplitel Enterprise Agreement 2024-2027. The agreement was to be registered with the Fair Work Commission and would apply to all employees covered by the agreement from 1 July 2024. The decision was final and binding, and no further application for approval was required.

Amplitel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established