DECISION

Fair Work Act 2009
s.185—Enterprise agreement

nbn co limited T/A nbn
(AG2015/7573)

NBN AND APESMA PROFESSIONAL EMPLOYEES AGREEMENT 2015 - 2018

Scientific services
COMMISSIONER ROE	MELBOURNE, 18 DECEMBER 2015

Application for approval of the nbn and APESMA Professional Employees Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the nbn and APESMA Professional Employees Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by nbn co limited T/A nbn. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 18 December 2015 and, in accordance with s.54, will operate from 25 December 2015. The nominal expiry date of the Agreement is 18 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NBN Co Limited T/A NBN applied to the Fair Work Commission for approval of the NBN and APESMA Professional Employees Agreement 2015-2018. APESMA is the Australian Professional Engineering, Scientific and Management Association, which represents the professional employees of the telecommunications industry. The application was opposed by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Union of Australia. The union argued that the agreement was not in the best interests of the employees, and that it was not a genuine enterprise agreement. The union also argued that the agreement failed to provide adequate pay and conditions for the employees.

The legal issues before the Fair Work Commission were whether the agreement was a genuine enterprise agreement, and whether it was in the best interests of the employees. The Commission considered the evidence and submissions from both parties and found that the agreement was a genuine enterprise agreement. The Commission also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable level of pay and conditions.

In reaching its decision, the Commission considered the purpose of the Fair Work Act, which is to provide for a nationally consistent, efficient and productive workplace relations system. The Commission also considered the principles of enterprise bargaining, which require that agreements be negotiated in good faith and that they provide for a fair and reasonable level of pay and conditions. The Commission found that the agreement met these requirements and was therefore approved.

The Fair Work Commission approved the NBN and APESMA Professional Employees Agreement 2015-2018. The Commission found that the agreement was a genuine enterprise agreement and was in the best interests of the employees. The Commission also found that the agreement provided for a fair and reasonable level of pay and conditions, and was consistent with the principles of enterprise bargaining.

nbn co limited T/A nbn

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established