DECISION

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

nbn co limited
(AG2015/7882)

NBN CONTACT CENTRE EMPLOYEES AGREEMENT 2015 - 2018

Telecommunications services
COMMISSIONER CAMBRIDGE	SYDNEY, 28 JANUARY 2016

Application for variation of the nbn Contact Centre 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 Contact Centre 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 (the ASU) and a Statutory Declaration of James Batchelor made on behalf of The Community and Public Sector Union (the CPSU), both made as employee organisations 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

In the recent decision of nbn co limited, the Fair Work Commission was presented with an application by nbn co limited to vary the terms of the nbn Contact Centre Employees Agreement 2015 - 2018. The application sought amendments to the agreement, which governs the employment conditions of contact centre employees within the company. The Commission was tasked with evaluating the proposed changes in light of the statutory requirements under the Fair Work Act 2009, particularly focusing on the fairness and reasonableness of the proposed variations.

The legal issues before the Commission involved determining whether the proposed changes to the agreement were fair and reasonable, considering the relevant statutory criteria. This included assessing the application of the "better off overall test" as outlined in section 230 of the Fair Work Act 2009. The Commission needed to consider the overall benefits and detriments to the employees if the changes were implemented, ensuring that employees would not be worse off overall. Additionally, the application required the Commission to examine whether the changes were necessary to achieve a legitimate aim and whether there was a proper process followed in arriving at the proposed variations.

The Commission found that the proposed changes to the agreement met the criteria for fairness and reasonableness. It was determined that the changes were necessary to achieve a legitimate aim, namely to adapt the agreement to changes in the business environment and to ensure the company's operational efficiency. The Commission considered the evidence presented by both parties and concluded that the overall benefits to the employees outweighed the detriments, thereby satisfying the "better off overall test." The process followed by nbn co limited was also deemed proper and transparent, leading the Commission to grant the application for variation of the agreement.

As a result of the Commission's decision, the nbn Contact Centre Employees Agreement 2015 - 2018 was varied as proposed by nbn co limited. The changes came into effect on the date specified in the decision, and the agreement now reflects the updated terms and conditions for the affected employees. This decision provides clarity for both the employer and the employees regarding the updated employment conditions, ensuring that the agreement remains fair and relevant in the current business context.

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