Telstra Corporation Limited

[2022] FWCA 1724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Telstra Corporation Limited

(AG2022/1333)

Telstra Limited Enterprise Agreement 2022-2024

Telecommunications services
COMMISSIONER MCKINNON	SYDNEY, 6 JULY 2022

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

Telstra Corporation Limited has applied for approval of a single enterprise agreement known as the Telstra Limited 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

The matter before the Fair Work Commission involved Telstra Corporation Limited and its employees, represented by the Communications, Electrical, and Plumbing Union (CEPU). The dispute centred around the proposed Telstra Limited Enterprise Agreement 2022-2024, which Telstra sought to have approved by the Commission. The crux of the matter was whether the proposed enterprise agreement was fair and reasonable in all respects, and if it complied with the relevant legislative provisions.

The legal issues before the Commission were multi-faceted. Primarily, it was necessary to determine if the agreement met the 'better off overall test', ensuring that employees were not worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission had to consider whether the agreement adequately addressed employee entitlements, working conditions, and whether it complied with the Fair Work Act 2009. The Commission also had to examine the fairness of the negotiation process and the agreement's alignment with the Fair Work Principles.

In delivering its decision, the Commission found that the proposed agreement was fair and reasonable. The Commission determined that employees would not be worse off overall under the new agreement, as it provided various benefits such as pay increases, additional leave provisions, and improved working conditions. The Commission acknowledged the robust negotiation process undertaken by both parties and concluded that the agreement complied with the legislative requirements. The Commission emphasised that the agreement balanced the needs of both employees and the employer, ensuring that it was in line with the Fair Work Principles.

The Fair Work Commission approved the Telstra Limited Enterprise Agreement 2022-2024, effective from the date of the decision. The agreement was to be registered and would govern the employment conditions of Telstra's employees for the specified period. The decision underscored the importance of fair and reasonable terms in enterprise agreements and highlighted the Commission's role in ensuring compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established