Telecommunications Industry Ombudsman Limited

[2024] FWCA 4344

[2024] FWCA 4344

The attached document replaces the document previously issued with the above code on 17 September 2024.

The attached document wholly replaces the document previously issued with code [2024] FWC 2528 to correct document referencing.

Associate to Commissioner Tran

Dated 6 December 2024.

[2024] FWCA 4344

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Telecommunications Industry Ombudsman Limited

(AG2024/3084)

TELECOMMUNICATIONS INDUSTRY OMBUDSMAN LTD ENTERPRISE AGREEMENT 2024

Telecommunications services
COMMISSIONER TRAN	MELBOURNE, 17 SEPTEMBER 2024

Application for approval of the Telecommunications Industry Ombudsman Ltd Enterprise Agreement 2024

1. Telecommunications Industry Ombudsman Limited has applied for approval of an enterprise agreement known as the Telecommunications Industry Ombudsman Ltd Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

1. The Agreement is a single enterprise agreement.

1. 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. The undertakings are taken to be a term of the Agreement.

1. In accordance with 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.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 25.2 – Annual Leave expresses annual leave in days rather than weeks, which is inconsistent with s 87(1) of the Act; and

• Clause 25.6 – Paid Leave in Advance of Accrued Entitlement may enable the Employer to withhold entitlements payable under the NES, which may be an unlawful deduction under s 324 and unenforceable under s 326.

1. The Agreement contains an effective NES precedence clause at Clause 1.3 of the Agreement and the Employer also provided undertakings addressing these matters. I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Subject to the undertakings and other matters 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.

1. The Australian Municipal, Administrative, Clerical and Services Union, 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 24 September 2024.

1. In accordance with Clause 3, the nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE526094  PR782135>

Annexure A