NBN Co Limited Summary

[2025] FWCA 989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

NBN Co Limited

(AG2025/527)

NBN ENTERPRISE AGREEMENT 2025-2028

Telecommunications services industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 21 MARCH 2025

Application for approval of the nbn Enterprise Agreement 2025-2028

Introduction

NBN Co Limited (the Employer) has made an application for approval of an enterprise agreement known as the nbn Enterprise Agreement 2025-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Agreement will apply to employees who are covered by Telecommunications Services Award 2020 (the Award).

Amended F17B Declaration

The Employer notified my Chambers that the F17B Declaration it submitted included incorrect information in relation to the demographics of employees.

The Employer subsequently provided an amended F17B Declaration which included updated information regarding the demographics of active employees. I have allowed a correction of the F17B Declaration pursuant to s.586 in the terms sought by the Employer.

Section 190 Undertakings – Annualised salaries

The Employer provided written undertakings to address concerns that the annualised salary arrangements in Clause 13.2 of the Agreement appeared to have insufficient protections for employees having regard to clause 17 of the of the Award and the Full Bench’s decision in SDAEA v Beechworth Bakery Employee Co Pty Ltd t/a Beechworth Bakery.[1] 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.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Community and Public Sector Union (CPSU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Communications Division (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the CPSU and CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2025. The nominal expiry date of the Agreement is 28 April 2028.

DEPUTY PRESIDENT

[1] [2017] FWCFB1664

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved NBN Co Limited, which sought approval for the nbn Enterprise Agreement 2025-2028. The application was brought before the Fair Work Commission. The nature of the dispute centred around whether the proposed agreement met the necessary standards under the Fair Work Act 2009. Specifically, the agreement sought to set out the terms and conditions of employment for employees covered by the enterprise agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement was in compliance with the provisions of the Fair Work Act, particularly concerning the requirements for fair and reasonable terms and conditions of employment. The Commission had to assess if the agreement provided adequate protection for employees' rights and whether it was fair and reasonable in all its aspects. This involved a detailed examination of the proposed terms and their alignment with the legislative framework, including minimum entitlements, dispute resolution processes, and procedural fairness.

The Fair Work Commission found that the proposed agreement met the necessary standards under the Fair Work Act. The Commission considered various factors, including the consultation process undertaken by NBN Co Limited with its employees, the alignment of the agreement with minimum workplace standards, and the fairness of the terms proposed. The Commission determined that the agreement was fair and reasonable in all its aspects, taking into account the needs of both the employees and the employer. Consequently, the Commission approved the nbn Enterprise Agreement 2025-2028, confirming its validity and enforceability under the Act.

As a final order, the Fair Work Commission approved the nbn Enterprise Agreement 2025-2028, effective from the date of the decision. The approval means that the agreement will govern the terms and conditions of employment for the relevant employees, subject to the provisions of the Fair Work Act.

NBN Co Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established