Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Application for approval of the nbn Professional Employees Agreement 2025-2028

[1] NBN Co Limited (the Employer) has made an application for approval of an enterprise agreement known as the nbn Professional Employees Agreement 2025-2028. (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by Professional Employees Award 2020.

[3] The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to the relevant Award.

[4] The minimum salary for Band 1 employees appears to fall below the Award Level 1 Graduate professional - Pay point 1 (4 or 5 year degree) rate by 0.76%.

[5] The time off instead of payment for overtime (TOIL) clause at clause 18.6 of the Agreement differs to the Award. In particular, it does not state that TOIL will be paid out at the applicable overtime rate at termination. Clause 18.3 of the Award provides that if, on the termination of the employee's employment, TOIL has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

Section 190 Undertakings

[6] The Employer provided written undertakings to address the above BOOT issues. A copy of the undertakings is attached as 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.

Section 186, 187, 188 and 190

[7] 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, and the Statement of Principles on Genuine Agreement have been met.

Section 183 Bargaining Representatives

[8] The Association of Professional Engineers, Scientists and Managers, Australia [Union name (APESMA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[9] In accordance with s.201(2), I note that the Agreement covers APESMA.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2025. The nominal expiry date of the Agreement is 2 July 2028.

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