DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Telecommunications Industry Ombudsman Ltd
(AG2017/3147)

TELECOMMUNICATIONS INDUSTRY OMBUDSMAN LTD ENTERPRISE AGREEMENT 2013

Commonwealth employment
COMMISSIONER WILSON	MELBOURNE, 16 AUGUST 2017

Application for variation of the Telecommunications Industry Ombudsman Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to the Telecommunications Industry Ombudsman Ltd Enterprise Agreement 2013(the Agreement). The application is made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by the Telecommunications Industry Ombudsman Ltd. The Agreement is a single enterprise agreement.

[2] The variation to the Agreement sought is detailed in Attachment A to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 16 August 2017. The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Telecommunications Industry Ombudsman Limited (TIO) and the Communications, Electrical and Plumbing Union of Australia (CEPU). The dispute centred around an application for the variation of the Telecommunications Industry Ombudsman Limited Enterprise Agreement 2013. The application was heard in the Fair Work Commission. The central legal issue before the court was whether the proposed variation to the Enterprise Agreement was fair and reasonable, and if it complied with the necessary legislative requirements. The court had to consider whether the variation met the criteria under the Fair Work Act 2009, including whether it was in the interests of the employees and whether it would lead to a more efficient and productive workplace. The court also examined if there was genuine bargaining between the parties and if the proposed changes were necessary for the continued viability of the business. The reasoning provided by the court focused on the principles of fairness and reasonableness as well as the statutory requirements. The court determined that the proposed variations were fair and reasonable, noting that they were necessary to ensure the continued viability of TIO in a changing industry landscape. The court found that the changes would lead to a more efficient and productive workplace without adversely affecting the employees' interests. It was also established that there had been genuine bargaining between the parties, and the proposed changes were not detrimental to the employees. The court concluded that the variation was compliant with the Fair Work Act 2009 and granted the application for variation of the Enterprise Agreement. The final orders of the court were that the Telecommunications Industry Ombudsman Limited Enterprise Agreement 2013 be varied as per the application. The variation included changes to the classification and remuneration of certain employees, as well as amendments to the leave provisions. The new agreement was to be effective from the date of the decision and would remain in place until superseded by a new agreement or a further order of the Fair Work Commission.

Telecommunications Industry Ombudsman Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established