Telstra Corporation Limited Summary

[2022] FWCA 1721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Telstra Corporation Limited

(AG2022/1331)

Telstra InfraCo Fixed Enterprise Agreement 2022-2024

Telecommunications services
COMMISSIONER MCKINNON	SYDNEY, 6 JULY 2022

Application for approval of the Telstra InfraCo Fixed Enterprise Agreement 2022-2024.

Telstra Corporation Limited has applied for approval of a single enterprise agreement known as the Telstra InfraCo Fixed 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 applied to the Fair Work Commission for approval of the Telstra InfraCo Fixed Enterprise Agreement 2022-2024, which governs the employment terms of its fixed network maintenance workers. The union representing the employees, the Communications Electrical and Plumbing Union, objected to the agreement on various grounds, including concerns about the impact on employee entitlements and the process through which the agreement was negotiated.

The central legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009 and if the negotiation process was fair and in good faith. The Commission examined whether the agreement provided adequate protections for employee entitlements, if it was negotiated in a manner consistent with fair dealing, and if the agreement was in the best interests of the employees.

The Commission found that the agreement contained adequate provisions for employee entitlements, including provisions for fair pay and conditions. It was satisfied that the negotiation process was conducted in good faith, with appropriate consultation and engagement with the union. The Commission also considered the overall benefits of the agreement to the employees, including provisions for training, career progression, and other benefits. Based on these findings, the Commission approved the agreement, concluding that it was in the best interests of the employees.

The Fair Work Commission approved the Telstra InfraCo Fixed Enterprise Agreement 2022-2024, effective from 1 July 2022. The Commission's decision confirmed the agreement's compliance with the Fair Work Act 2009 and recognised the fair negotiation process and employee benefits provided by the agreement.

Telstra Corporation Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established