Optus RetailCo Pty Ltd
[2023] FWCA 1502
•25 MAY 2023
| [2023] FWCA 1502 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Optus RetailCo Pty Ltd
(AG2023/1351)
OPTUS RETAIL AGREEMENT 2023
| Telecommunications services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 25 MAY 2023 |
Application for approval of the Optus Retail Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Optus Retail Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Optus RetailCo Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
Subject to the undertaking 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.
The flexibility term in the Agreement does not meet the requirements of s.203(6)(a) of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Shop, Distributive and Allied Employees Association, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2023. The nominal expiry date of the Agreement is 3 July 2026.
DEPUTY PRESIDENT
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Annexure A
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