nbn co limited

[2016] FWCA 352

[2016] FWCA 352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

nbn co limited
(AG2015/7883)

NBN CLERICAL AND ADMINISTRATIVE EMPLOYEES AGREEMENT 2015 - 2018

Telecommunications services
COMMISSIONER CAMBRIDGE	SYDNEY, 28 JANUARY 2016

Application for variation of the nbn Clerical and Administrative Employees Agreement 2015 - 2018.

[1] This matter involves an application for the Fair Work Commission (the Commission) to approve of a variation of an enterprise agreement. The application has been made pursuant to s.210 of the Fair Work Act 2009 (the Act). The application was made by nbn co limited (the employer).

[2] The application seeks approval of a variation to the nbn Clerical and Administrative Employees Agreement 2015 - 2018 (the Agreement).

[3] The application was lodged at Sydney on 22 December 2015. The application included a statutory declaration of Amanda Jung dated 17 December 2015 (the declaration) made on behalf of the employer. The declaration stated that the variation to the Agreement was made on 16 December 2015.

[4] Therefore the application was made within the 14 day time limit set by subsection 210 (3) (a) of the Act.

[5] The application seeks approval of a number of variations to the Agreement which primarily involve the variation of certain clauses and of the base rates of pay and allowances table set out in the Agreement. In broad terms, the variation of the relevant clauses and table of base rates of pay and allowances provide for increased rates to apply on and from the first full pay period commencing on or after the original date of operation of the Agreement, being 15 July 2015.

[6] The application for approval of a variation was listed for Hearing in Chambers before the Commission on 28 January 2016. 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.

[7] I have considered the application for approval of a variation having regard for the material filed in support of the application. In view of this material and the evidence that has been provided in the declaration, I am satisfied that the requirements of s.211 of the Act have been met.

[8] Consequently the variation of the Agreement is approved. In accordance with s. 216 of the Act the variation to the Agreement will come into operation on and from 28 January 2016.

COMMISSIONER

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