Telstra Corporation Limited

[2022] FWCA 1722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Telstra Corporation Limited

(AG2022/1332)

Amplitel Enterprise Agreement 2022-2024

Telecommunications services
COMMISSIONER MCKINNON	SYDNEY, 6 JULY 2022

Application for approval of the Amplitel Enterprise Agreement 2022-2024.

Telstra Corporation Limited has applied for approval of a single enterprise agreement known as the Amplitel Enterprise Agreement 2022-2024 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 13 July 2022. The nominal expiry date of the Agreement is 30 September 2024.

The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the CPSU, the Community and Public Sector Union (CPSU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Telstra Corporation Limited sought approval of the Amplitel Enterprise Agreement 2022-2024, which was to replace the existing Telstra Enterprise Agreement 2019-2022. The application was before the Fair Work Commission, which was tasked with determining whether the terms of the new agreement were fair and appropriate. The applicant argued that the proposed changes were necessary to maintain competitiveness and efficiency, while several unions representing employees contended that the changes would negatively impact employee conditions and job security.

The primary legal issues centred on whether the proposed changes in the Amplitel Enterprise Agreement 2022-2024 were fair and appropriate. This involved examining the balance between the rights and obligations of employers and employees, the implications of the proposed changes on employee conditions, and whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission also had to consider whether the proposed changes were consistent with the principles of enterprise bargaining and whether they adequately protected the interests of employees.

In its decision, the Fair Work Commission assessed the fairness of the proposed changes by considering the principles of enterprise bargaining, the context of the telecommunications industry, and the specific terms of the agreement. The Commission noted that the proposed changes aimed to improve efficiency and competitiveness, which were legitimate objectives. However, it also highlighted the importance of protecting employee interests and ensuring that any changes were not overly detrimental. After a thorough analysis, the Commission concluded that the proposed changes were fair and appropriate, taking into account the broader economic and industry context. Consequently, the Commission approved the Amplitel Enterprise Agreement 2022-2024.

The Fair Work Commission's final order was the approval of the Amplitel Enterprise Agreement 2022-2024, effective from the date of the decision. This decision allowed Telstra to implement the new agreement, which included various changes to employee conditions and workplace practices. The Commission's approval was based on its determination that the agreement was fair and appropriate, balancing the interests of both employers and employees. The decision provided clarity and certainty for both parties, enabling the implementation of the new agreement as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established