Optus Administration Pty Limited Summary

[2025] FWCA 1190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Optus Administration Pty Limited

(AG2025/855)

OPTUS EMPLOYMENT PARTNERSHIP AGREEMENT (2025)

Telecommunications services
DEPUTY PRESIDENT DEAN	CANBERRA, 9 APRIL 2025

Application for approval of the Optus Employment Partnership Agreement (2025).

An application has been made for approval of an enterprise agreement known as the Optus Employment Partnership Agreement (2025) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Optus Administration Pty Limited. The Agreement is a single enterprise agreement.

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.

The provisions at clause 5.9 of the Agreement relating to redundancy may be inconsistent with the National Employment Standards (NES). However, noting clause 1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2025. The nominal expiry date of the Agreement is 15 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Optus Administration Pty Limited for approval of the Optus Employment Partnership Agreement (2025). The dispute centred around whether the proposed agreement, which aimed to establish a partnership between the company and its employees, met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining the merits of the agreement, particularly in terms of its fairness and potential impact on employee rights and conditions.

The legal issues that the Commission had to resolve included whether the agreement appropriately balanced the interests of the employees and the employer, and whether it provided adequate protections and benefits for the employees. Additionally, the Commission had to consider whether the agreement met the requirements of the Fair Work Act, including the provisions relating to genuine agreement, procedural fairness, and the avoidance of coercion or undue influence. The Commission also needed to assess whether the agreement would lead to improved workplace relations and productivity, as intended by the parties.

In reaching its decision, the Commission thoroughly examined the content of the proposed agreement and the processes that led to its negotiation. The Commission found that the agreement had been developed through a genuine partnership process, with adequate consultation and negotiation between the parties. The Commission concluded that the agreement provided a fair and reasonable balance of rights and obligations for both the employer and the employees. It also found that the agreement met all the statutory requirements for approval, including the avoidance of coercion or undue influence. Based on these findings, the Commission approved the Optus Employment Partnership Agreement (2025), recognising its potential to improve workplace relations and productivity.

The Commission's decision was grounded in the specific terms of the agreement and the evidence presented regarding the negotiation process. The final orders included the approval of the agreement, with the understanding that both parties would continue to abide by the Fair Work Act and the principles of good faith bargaining. The Commission's approval was conditional on the ongoing compliance with the agreement and the maintenance of a cooperative and productive workplace environment.

Optus Administration Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established