DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NBN CO Limited T/A nbn
(AG2018/3383)

NBN AND CEPU TECHNICAL EMPLOYEES AGREEMENT 2018 - 2021

Telecommunications services
COMMISSIONER GREGORY	MELBOURNE, 21 JANUARY 2019

Application for approval of the nbn and CEPU Technical Employees Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the nbn and CEPU Technical Employees Agreement 2018 - 2021 (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] The Employer has provided written undertakings. 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] Subject to 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of 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 28 January 2019. The nominal expiry date of the Agreement is 20 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of NBN CO Limited trading as nbn, the applicant sought approval for the nbn and CEPU Technical Employees Agreement 2018 - 2021. This agreement related to the terms and conditions of employment for technical employees within the company. The matter was brought before the Fair Work Commission to determine whether the agreement met the statutory requirements and was in the best interest of the employees.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, whether it adhered to the provisions of the Fair Work Act 2009, and whether it appropriately balanced the interests of the employer and employees. A key issue was the process by which the agreement was reached, including whether there had been genuine bargaining between the parties.

The Commission examined the evidence and submissions provided by both the applicant and the relevant unions. It considered whether the agreement adequately protected the rights and interests of the employees, including provisions on wages, working conditions, dispute resolution mechanisms, and other employment-related matters. After thorough deliberation, the Commission found that the agreement did meet the statutory requirements and was fair and reasonable. The Commission approved the agreement, recognising it as an appropriate means of governing the employment relationship between NBN CO and its technical employees.

The Fair Work Commission approved the nbn and CEPU Technical Employees Agreement 2018 - 2021, subject to the terms and conditions set out in the decision. The decision provided that the agreement would be registered and would apply to the relevant employees from the specified commencement date. The approval was contingent on compliance with the terms of the agreement and adherence to the Fair Work Act.

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