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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CaseChat Overview and Summary

The parties to the proceeding were nbn co limited, an applicant, and the Communications, Electrical and Plumbing Union of Australia, the respondent. The dispute arose from an application to vary the nbn Clerical and Administrative Employees Agreement 2015-2018. The application was heard in the Fair Work Commission. The key legal issues before the court were whether the proposed variations to the agreement were reasonable and necessary, and whether the application met the criteria set out in the Fair Work Act 2009. The court had to consider the impact of the proposed variations on the employees, the financial sustainability of the company, and whether there were any alternative solutions that could be considered.

The court examined the evidence and submissions from both parties, as well as the broader context of the industry and the economic environment. The court found that the proposed variations were reasonable and necessary, as they were designed to improve the financial sustainability of the company while also taking into account the interests of the employees. The court also found that the application met the criteria set out in the Fair Work Act 2009, and that there were no other viable alternatives that could be considered. The court concluded that the proposed variations were in the best interests of both the company and the employees, and that they should be approved.

The court made orders approving the proposed variations to the nbn Clerical and Administrative Employees Agreement 2015-2018. The orders were made on the condition that certain protections were put in place for the employees, such as consultation and notification requirements. The court also made orders for the payment of costs associated with the application. The decision provides guidance for employers and employees on the process for varying enterprise agreements and the factors that the court will consider in determining whether to approve such 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