Optus Administration Pty Ltd T/A Optus

[2019] FWCA 2762

[2019] FWCA 2762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Optus Administration Pty Ltd T/A Optus
(AG2018/6238)

OPTUS EMPLOYMENT PARTNERSHIP AGREEMENT (2018)

Telecommunications services
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2019

Application for approval of the Optus Employment Partnership Agreement (2018).

[1] An application has been made for approval of an enterprise agreement known as the Optus Employment Partnership Agreement (2018) (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 Ltd T/A Optus. 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 5.5 – Casual Employees

•  Clause 8.7 – Long Service Leave

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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 22 April 2022.

COMMISSIONER

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<AE503062  PR707294>

Annexure A