DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NBN Co Limited
(AG2018/7290)

NBN AND APESMA PROFESSIONAL EMPLOYEES AGREEMENT 2018 - 2021

Telecommunications services
COMMISSIONER MCKINNON	MELBOURNE, 16 APRIL 2019

Application for approval of the nbn and APESMA Professional Employees Agreement
2018 - 2021.

[1] Application has been made for approval of a single enterprise agreement known as the nbn and APESMA Professional 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 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 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

NBN Co Limited applied for approval of the nbn and APESMA Professional Employees Agreement, a matter which came before the Fair Work Commission. The applicant, NBN Co Limited, sought to have the agreement, which governed the employment terms of professional employees, approved. The Australian Professionals, Executives, Scientific and Management Employees Association (APESMA), as the representative for the employees, opposed the application.

The primary legal issue before the Commission was whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable award or safety net minimum terms. The Commission had to consider whether the agreement met the requirements set out in the Fair Work Act, particularly whether it complied with the criteria for approval, including the need for fair and reasonable terms and conditions.

In its decision, the Commission found that the agreement provided terms that were no less favourable than the applicable award or safety net minimum terms. The Commission considered various aspects of the agreement, including remuneration, leave entitlements, and other employment conditions, and concluded that the agreement was fair and reasonable. The Commission approved the agreement, acknowledging the importance of ensuring that professional employees had appropriate terms and conditions of employment that recognised their skills and contributions.

The Fair Work Commission approved the nbn and APESMA Professional Employees Agreement, effective from 1 April 2018 to 31 March 2021. The Commission's decision recognised the importance of ensuring fair and reasonable terms and conditions of employment for professional employees within the telecommunications industry.

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