Telstra Corporation Limited Summary

[2024] FWCA 3122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Telstra Corporation Limited

(AG2024/2786)

TELSTRA INFRACO FIXED ENTERPRISE AGREEMENT 2024-2027

Telecommunications services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 27 AUGUST 2024

Application for approval of the Telstra InfraCo Fixed Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Telstra InfraCo Fixed Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Telstra Corporation Limited. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Community and Public Sector Union (CPSU) and the Association of Professional Engineers, Scientists and Managers, Australia, (APESMA) being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations. The CPSU and APESMA support approval of the Agreement. The APESMA are of the view that the Agreement passes the better off overall test.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2024. The nominal expiry date of the Agreement is 30 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Telstra Corporation Limited sought approval of the Telstra InfraCo Fixed Enterprise Agreement 2024-2027 from the Fair Work Commission. The dispute involved the terms and conditions of employment for employees under this agreement, including wages, hours of work, and other employment-related matters. The Fair Work Commission was required to determine whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement provided for terms and conditions that were fair and reasonable, and if it complied with the statutory requirements for approval. This included assessing the fairness of the proposed terms and conditions, the process through which the agreement was negotiated, and whether the agreement appropriately balanced the interests of both the employer and employees. Additionally, the Commission needed to ensure that the agreement did not discriminate against employees and that it was not contrary to public policy.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable in all respects. The Commission noted that the agreement was the result of a genuine and transparent negotiation process and that it appropriately balanced the interests of both parties. The Commission also concluded that the terms and conditions provided for in the agreement were fair and reasonable, and did not discriminate against employees or contravene public policy. Consequently, the Commission approved the Telstra InfraCo Fixed Enterprise Agreement 2024-2027.

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