Telstra Limited

[2024] FWCA 3119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Telstra Limited

(AG2024/2784)

TELSTRA RETAIL STORES AGREEMENT 2024-2027

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

Application for approval of the Telstra Retail Stores Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Telstra Retail Stores 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 Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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) and the Community and Public Sector Union (CPSU) 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 supports approval of the Agreement.

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

CaseChat Overview and Summary

In the Fair Work Commission, Telstra Limited applied for approval of the Telstra Retail Stores Enterprise Agreement 2024-2027. The dispute involved the proposed terms and conditions of employment for Telstra's retail store employees. The Commission was tasked with assessing whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement was a "good faith" agreement that provided for the "efficient, productive and harmonious" operation of the enterprise. The Commission had to consider whether the agreement addressed key aspects of employee terms and conditions in a manner that was fair and reasonable, and whether it complied with the statutory provisions regarding the approval of enterprise agreements.

The Commission found that the proposed enterprise agreement contained provisions that were fair and reasonable, and that it provided for the efficient, productive and harmonious operation of the enterprise. The Commission noted that the agreement included provisions for minimum wages and conditions, shift patterns, leave entitlements, and other key aspects of employment. The Commission also found that the agreement had been negotiated in good faith, and that it complied with the statutory requirements for approval. As a result, the Commission approved the Telstra Retail Stores Enterprise Agreement 2024-2027.

The Commission's decision to approve the agreement was based on its finding that the proposed terms and conditions of employment were fair and reasonable, and that the agreement provided for the efficient, productive and harmonious operation of the enterprise. The Commission also found that the agreement had been negotiated in good faith, and that it complied with the statutory requirements for approval. The approval of the agreement means that it will now become a legally binding contract between Telstra and its retail store employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established