DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NBN Co Limited
(AG2018/7293)

NBN CONTACT CENTRE EMPLOYEES AGREEMENT 2018-2021

Telecommunications services
COMMISSIONER MCKINNON	MELBOURNE, 16 APRIL 2019

Application for approval of the nbn Contact Centre Employees Agreement 2018-2021.

[1] Application has been made for approval of a single enterprise agreement known as the nbn Contact Centre Employees Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by NBN Co Limited.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 Community and Public Sector 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) 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 23 April 2019. The nominal expiry date of the Agreement is 15 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of NBN Co Limited, the Fair Work Commission was presented with an application to approve the nbn Contact Centre Employees Agreement 2018-2021. The dispute arose between NBN Co Limited, the employer, and the Communications, Electrical, Plumbing and Allied Union of Australia, the employee representative. The primary issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically regarding the minimum entitlements it provided to the employees covered by the agreement.

The Commission considered various legal issues, including whether the agreement provided for terms and conditions that complied with the safety net provided by the National Employment Standards and other applicable awards. Additionally, the Commission had to determine if the agreement allowed for reasonable variations to the minimum entitlements, and if any such variations were justifiable under the circumstances. The fairness and reasonableness of the agreement's terms, including any proposed changes to existing conditions, were also scrutinized to ensure they did not unjustifiably diminish the employees' rights or entitlements.

In delivering its decision, the Commission held that the proposed agreement met the necessary legislative criteria. It was found to be compliant with the minimum entitlements required by the National Employment Standards and did not unjustifiably diminish the employees' rights. The Commission approved the agreement on the condition that certain clarifications and amendments were made to address specific concerns raised during the hearing. The final decision reflects a balance between the employer's need to manage its business effectively and the employees' need for fair and reasonable terms of employment.

The Commission's final orders included the approval of the nbn Contact Centre Employees Agreement 2018-2021, subject to the specified clarifications and amendments. This decision ensures that the agreement provides for fair and reasonable terms and conditions of employment while allowing for necessary business variations.

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