AMENDMENT TO DECISION
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Optus Administration Pty Limited
(AG2009/15340)
OPTUS EMPLOYMENT PARTNERSHIP AGREEMENT (2009)
(ODN AG2009/15340) [AE871783]
Telecommunications services
COMMISSIONER ROBERTS SYDNEY, 23 OCTOBER 2009
Application for approval of the Optus Employment Partnership Agreement 2009.
[1] On 15 October 2009 I approved the Optus Employment Partnership Agreement (2009)
(the Agreement)1. The application for approval pursuant to s.185 of the Fair Work Act 2009
(the Act) was lodged by Optus Administration Pty Limited (Optus) on 28 September 2009.
[2] On or about 21 October 2009 I was contacted via my Associate by a representative of
the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied
Services Union of Australia (the CEPU) on behalf of Mr Blackburne, the Assistant Secretary
of the CEPU, advising me that the CEPU had drafted but neglected to lodge a form F22
seeking to be covered by the Agreement. It was put to me that this was purely an
administrative oversight. The CEPU then contacted Optus at my request and Optus has
confirmed that it is not opposed to the CEPU being a party to the Agreement. In this context,
I note that Optus' original application for approval of the Agreement notes: "The CEPU has
advised Optus of its support for EPA 2009 in correspondence and otherwise through flyers
distributed to employees advocating a 'yes' vote for EPA 2009." The application went on to
say: "Optus is uncertain whether the CEPU's support will extend to formally seeking to be
covered by EPA 2009."
[3] I am satisfied that there has been an administrative error on the part of the CEPU in
not filing its notice to be covered by the Agreement prior to the approval of that agreement on
15 October 2009. On the materials available to me, the CEPU is entitled to be covered by the
Agreement and this is noted in Optus' original application and in an email to my Chambers on
23 October 2009.
[4] On the basis of the above, I have decided to amend the decision issued on 15 October
2009 (PR989872) to approve the Agreement, pursuant to s.201(2) of the Act, to include the
following:
[2009] FWAA 629
"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 that it wants the Agreement to
cover it. In accordance with s.201(2) I note that the Agreement covers the
organisation."
COMMISSIONER