DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Telstra Purple Pty Ltd
(AG2020/4167)

TELSTRA PURPLE ENTERPRISE AGREEMENT 2021-2023

Commercial sales
DEPUTY PRESIDENT MANSINI	MELBOURNE, 5 FEBRUARY 2021

Application for approval of the Telstra Purple Enterprise Agreement 2021-2023.

[1] Telstra Purple Pty Ltd has applied for approval of a single enterprise agreement known as the Telstra Purple Enterprise Agreement 2021-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission sought further information in relation to the pre-approval requirements and the “better off overall” test.

[3] On the basis of the material contained in the application materials and the further information provided, 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 5 February 2021 and, in accordance with s.54, will operate from 12 February 2021. The nominal expiry date of the Agreement is 5 February 2024.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved Telstra Purple Pty Ltd, which sought approval of the Telstra Purple Enterprise Agreement 2021-2023. The application was heard by the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the agreement had been opposed by the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU), which argued that the agreement did not adequately protect employees’ rights and conditions.

The legal issues before the Commission involved determining whether the agreement complied with the formal requirements set out in the Fair Work Act and whether it met the "better off overall test" (BOOT). The BOOT requires that the agreement must provide employees with no less financial or non-financial benefits than the applicable award or existing agreement. The Commission had to carefully review the provisions of the agreement and assess whether it provided fair and reasonable terms for employees.

In its decision, the Commission noted that the proposed agreement contained provisions that were broadly consistent with the applicable award and met the BOOT. The Commission found that the agreement provided for a fair and balanced set of terms and conditions that took into account the interests of both the employer and the employees. The Commission also considered the submissions from the opposing union and found that while there were some concerns raised, these did not outweigh the overall benefits provided by the agreement. As a result, the Commission approved the Telstra Purple Enterprise Agreement 2021-2023, finding that it complied with the relevant statutory requirements and provided a fair and reasonable outcome for the employees.

Telstra Purple Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established