CERTIFICATION

Optus Administration Pty Ltd
(AG2022/553)
OPTUS EMPLOYMENT PARTNERSHIP AGREMENT (2022)
Telecommunications services

COMMISSIONER MATHESON SYDNEY, 23 MARCH 2022

Application for approval of the Optus Employment Partnership Agreement (2022).

[1] An application has been made for approval of an enterprise agreement known as the Optus Employment Partnership Agreement (2022) (Agreement). The application was made by Optus Administration Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] Clause 5.9 of the Agreement provides that an employee shall not be entitled to a severance payment under the clause where the Applicant finds suitable alternative employment for the employee. The Commission raised a concern regarding potential inconsistency with the redundancy provisions in National Employment Standards (NES), noting that variation of redundancy pay is subject to an application to the Fair Work Commission (Commission) pursuant to s.120 of the Act. The Applicant provided a response noting that the exemption does not apply to the redundancy entitlements arising under the NES and a variation of those entitlements pursuant to s.120 of the Act is subject to an application to the Commission. I also note that clause 1 of the Agreement provides that the NES will apply to the extent that any term of the Agreement is detrimental in any respect when compared to the NES and, as such, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2022. The nominal expiry date of the Agreement is 30 March 2025.

[2022] FWCA 1034

OPTUS EBA STEPS

Optus has advised that it has finished negotiations and will put the EBA to a ballot. We did not reach agreement on salary increases or forced annual leave. Optus advised:

During the week commencing Mon 31 Jan 22 we intend to provide Optus employees with access to the proposed EPA 2022.
We will also provide them with documents to explain the terms and their effect.
Additionally, employees will be invited to participate in information sessions.
The ballot will be conducted by giving Optus employees the opportunity to cast their vote electronically online, by telephone, or by SMS.
The ballot will be open at 10:00am on Mon 14 Feb 22 and close at 5pm on Sun 20 Feb 22