Telstra Limited & Telstra Purple Pty Ltd

[2024] FWCA 3123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Telstra Limited & Telstra Purple Pty Ltd

(AG2024/2790)

TELSTRA LIMITED ENTERPRISE AGREEMENT 2024-2027

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

Application for approval of the Telstra Limited Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Telstra Limited 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 & Telstra Purple Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant lodged two Form F16 in relation to the Agreement. Following the issue being raised by my chambers, the Applicant filed an amended Form F16, noting the second employer, Telstra Purple Pty Ltd. Pursuant to s.586 of the Act, I am satisfied that the corrections to the Form F16 should be made and that it is appropriate to do so.

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 the Fair Work Commission, Telstra Limited and Telstra Purple Pty Ltd applied for approval of the Telstra Limited Enterprise Agreement 2024-2027. The application was brought to ensure the agreement's provisions were consistent with the Fair Work Act 2009. The dispute involved several key issues, primarily concerning the classification of employees, their entitlements, and the overall fairness of the agreement provisions.

The Commission needed to determine if the agreement met the requirements of section 235 of the Act, ensuring it provided for the protection of employees' rights and interests. This included assessing whether the agreement allowed for proper consultation with employee representatives, and whether it adequately covered matters such as wages, conditions, dispute resolution, and other employment terms. The court also had to consider whether the agreement provided for fair and reasonable terms, and if it complied with the applicable minimum standards set out in the Fair Work Act.

After reviewing the application and the evidence presented, the Commission found that the Telstra Limited Enterprise Agreement 2024-2027 was fair and reasonable. The agreement provided for proper consultation and included provisions that met the requirements of the Act. The court approved the agreement, noting its compliance with the necessary standards and its fairness to both employers and employees. The decision confirmed the agreement would be registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established