NBN Co Limited [2025] FWCA 989 (21 March 2025)

Application for approval of the nbn Enterprise Agreement 2025-2028

[1] NBN Co Limited (the Employer) has made an application for approval of an enterprise agreement known as the nbn Enterprise 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 Telecommunications Services Award 2020 (the Award).

[3] The Employer notified my Chambers that the F17B Declaration it submitted included incorrect information in relation to the demographics of employees.

[4] The Employer subsequently provided an amended F17B Declaration which included updated information regarding the demographics of active employees. I have allowed a correction of the F17B Declaration pursuant to s.586 in the terms sought by the Employer.

Section 190 Undertakings - Annualised salaries

[5] The Employer provided written undertakings to address concerns that the annualised salary arrangements in Clause 13.2 of the Agreement appeared to have insufficient protections for employees having regard to clause 17 of the of the Award and the Full Bench's decision in SDAEA v Beechworth Bakery Employee Co Pty Ltd t/a Beechworth Bakery.[1] 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.

Section 186, 187, 188 and 190

[6] 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.

Section 183 Bargaining Representatives

[7] The Community and Public Sector Union (CPSU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Communications Division (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them.

[8] In accordance with s.201(2), I note that the Agreement covers the CPSU and CEPU.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2025. The nominal expiry date of the Agreement is 28 April 2028.

[1] [2017] FWCFB1664

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