Telstra Corporation Limited

[2010] FWA 4423

[2010] FWA 4423

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees in agreements

Telstra Corporation Limited
(AG2010/9406)

Telecommunications services
COMMISSIONER ROE	MELBOURNE, 15 JUNE 2010

Application for an order relating to instruments covering new employer and transferring employees in agreements.

[1] On 14 May 2010, Telstra Corporation Limited made application that:

“Pursuant to section 318(1) of the Fair Work Act 2009 (Cth) (Act), that each of the:

(a) Sensis (Clerical and Sales Employees) Award 2000;

(b) Sensis Pty Ltd Employment Partnership Agreement No.2 2001; and

(c) Sensis Advertising &Design Agreement 2003 - 2004,

(together, the Sensis Instruments)

not cover Telstra Corporation Limited (Telstra) or any employee.”

[2] On 21 May 2010 I issued a decision and an order:

1. That each of the Sensis (Clerical and Sales Employees) Award 2000 and the Sensis Pty Ltd Employment Partnership Agreement No 2 2001 not cover Telstra Coproration Limited (Telstra) or any employee transferring to Telstra Corporation Limited from Sensis Pty Ltd (Sensis).

2. The order shall have effect in respect of each transferring employee from 21 May 2010 or the date when the transferring employee becomes an employee of Telstra whichever is the later.

[3] I determined that I would hear further evidence and submissions in respect to the application and the employees covered by the Sensis Advertising & Design Agreement 2003-2004. In respect to those employees directions were issued in respect to the filing of witness statements and submissions in reply and I determined that the matter would be the subject of further hearing and decision.

[4] The representative for the AMWU, Mr Josh Bornstein, advised that discussions had not taken place between the AMWU and Telstra concerning the application prior to the matter coming before the Tribunal.

[5] The AMWU advised on 11 June 2010 that they did not now intend to file any additional material in respect to this matter and that they now supported the matter being determined on the basis of the evidence presented to the Tribunal when it was heard on 21 May 2010. Telstra advised on the same date that all parties now consented to the remaining part of the matter, that being the application in relation to the Sensis Advertising and Design Agreement 2003-2004, being determined without further hearing on the basis of the material already filed and heard.

[6] In these circumstances I have decided to determine the remaining part of this matter on the basis of the material already filed and heard.

[7] For the reasons set out in my decision of 21 May 2010 (PR997370) and having had regard to the criteria in section 318 I will grant the application made by Telstra. My decision is on the basis that Telstra has undertaken that it will recognise all service with Sensis of the transferring employees for the purpose of parental leave, personal leave and redundancy. The granting of the application does not offend the objectives of the protection of employee’s terms and conditions of employment and the business interests of the employer. I will make the following orders pursuant to Section 318(1) of the Fair Work Act 2009:

1. That further to the order made in this matter on 21 May 2010 (PR997370) the Sensis Advertising & Design Agreement 2003-2004 not cover Telstra Corporation Limited (Telstra) or any employee transferring to Telstra Corporation Limited from Sensis Pty Ltd (Sensis).

2. The order shall have effect in respect of each transferring employee from 15 June 2010 or the date when the transferring employee becomes an employee of Telstra whichever is the later.

COMMISSIONER

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<Price code A, AG828506  PR998262>