DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

nbn co limited
(AG2015/2966)

NBN CONTACT CENTRE EMPLOYEES AGREEMENT 2015 - 2018

Telecommunications services
COMMISSIONER CAMBRIDGE	SYDNEY, 8 JULY 2015

Application for approval of the nbn Contact Centre Employees Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the nbn Contact Centre Employees Agreement 2015 - 2018(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by nbn co limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 5 June 2015. The application included a Statutory Declaration of Amanda Jung made on behalf of the Employer and dated 4 June 2015 (the Declaration). The Declaration stated that the Agreement was made on 26 May 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 8 July 2015. I note that the file has included a Statutory Declaration of Linda White made on behalf of the Australian Municipal, Administrative, Clerical and Services Union (the ASU), as an employee organisation in relation to the application. I also note that the file has included a Statutory Declaration of Michael Tull made on behalf of the Community and Public Sector Union (the CPSU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 8.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The CPSU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the CPSU.

[8] The ASU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the ASU.

[9] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 15 July 2015. The nominal expiry date of the Agreement as specified in clause 5.1 of the Agreement, is 8 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved nbn co limited, the applicant, seeking approval for the nbn Contact Centre Employees Agreement 2015-2018. The agreement was intended to govern the terms and conditions of employment for certain contact centre employees. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically whether it provided for a fair and efficient workplace and facilitated productivity improvements.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements set out in the Fair Work Act. This involved examining whether the agreement provided for a fair and efficient workplace, facilitated productivity improvements, and did not unfairly discriminate against employees. The Commission also considered whether the agreement allowed for flexible work arrangements, addressed issues such as employee representation, and provided adequate protections for employees, particularly in terms of remuneration and conditions.

The Fair Work Commission determined that the nbn Contact Centre Employees Agreement 2015-2018 was in compliance with the statutory requirements. The Commission found that the agreement provided for a fair and efficient workplace by including provisions that facilitated productivity improvements and addressed key workplace issues. Additionally, the agreement was deemed to provide adequate protections for employees, with appropriate provisions for flexible work arrangements and employee representation. The Commission concluded that the agreement met the necessary criteria for approval and did not unfairly discriminate against any group of employees.

The Commission approved the nbn Contact Centre Employees Agreement 2015-2018, effective from 1 July 2015. The approval was subject to certain conditions and modifications to address specific concerns raised during the hearing. The decision provided clarity for both nbn co limited and the affected employees regarding the terms and conditions of employment under the approved agreement.

nbn co limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established