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NBN ENTERPRISE AGREEMENT 2025-2028

Index to NBN EBA 2025
PDF copy of NBN EBA
Undertakings
Status


TABLE OF CONTENTS
	1 Title
	2 Scope and Application of the Agreement
	3 Definitions and Interpretation
	4 Objective
	5 Date of Operation
	6 Access to Agreement and NES
	7 Flexibility Term
	8 Consultation Term Regarding Major Workplace Change
	9 Dispute Resolution Term
	10 Types of Employment
	11 Termination of Employment
	12 Redundancy
	13 Classifications
	14 Allowances
	15 Payment of Wages and Allowances
	16 Superannuation
	17 Hours of Work
	18 Overtime and Penalty Rates
	19 Breaks
	20 Annual Leave
	21 Personal/Carer's Leave and Compassionate Leave
	22 Community Service Leave
	23 Long Service Leave
	24 Parental Leave
	25 Domestic and Family Violence Support
	26 Other Leave not Covered
	27 Public Holidays 
	28 Workplace Delegates
	29 Workplace Flexibility
	30 Structured Training 
	31 Signatories
	Schedule A Technical Employees Base Rates and Classification
	Schedule B Contact Centre Employees Base Rates and Classification
	Schedule C Clerical Employees Base Rates and Classification

Status

DECISION [2025] FWCA 989

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
NBN Co Limited
(AG2025/527)

NBN ENTERPRISE AGREEMENT 2025-2028
Telecommunications services industry

DEPUTY PRESIDENT WRIGHT SYDNEY, 21 MARCH 2025

Application for approval of the nbn Enterprise Agreement 2025-2028

Introduction

[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). Amended F17B Declaration

[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.

Approval

[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.

DEPUTY PRESIDENT

UNDERTAKINGS

nbn-COMMERCIAL

THE FAIR WORK COMMISSION

FWC Matter No.: AG2025/527

Applicant: NBN Co Limited

Section 185 Application for approval of a single enterprise agreement

Undertaking Section 190

I, Nathan Hill, General Manager Employee Relations, have the authority given to me by NBN Co Limited to give the following undertakings with respect to the nbn Enterprise Agreement 2025 - 2028 ("the Agreement"):

1. With respect to clause 13.2:

(a) replace subclause (b) with the following:

Where an annualised pay arrangement is paid the Employer must advise the Employee in writing, and keep a record of:
(i) the annualised wage that is payable;
(ii) which of the provisions of the Agreement will be satisfied by payment of the annualised wage;
(iii) the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and
(iv) the outer limit of ordinary hours which would attract the payment of a penalty rate under the Agreement and the outer limit number of overtime hours which the Employee may be required to work in a pay period or roster cycle without being entitled to an amount in excess of the annualised pay arrangement in accordance with clause 13.2(c).

(b) insert the following subclause 13.2(c):

If in a pay period or roster cycle an Employee works any hours in excess of either of the outer limit amounts specified pursuant to clause 13.2(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this Agreement.

2. Insert a new clause 13.3 as follows:

13.3 Annualised pay arrangements not to disadvantage employees
(a) The annualised wage must be no less than the amount the Employee would have received under this Agreement for the work performed over the year for which the wage is paid (or if the employment ceases earlier over such lesser period as has been worked).
(b) The Employer must each 12 months from the commencement of the annualised wage arrangement or upon the termination of employment of the Employee calculate the amount of remuneration that would have been payable to the Employee under the provisions of this Agreement over the relevant period and compare it to the amount of the annualised wage actually paid to the Employee. Where the latter amount is less than the former amount, the Employer shall pay the Employee the amount of the shortfall within 14 days.
(c) The Employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each Employee subject to an annualised pay arrangement for the purpose of undertaking the comparison required by clause 13.3(b). This record will be kept in the Employer's Electronic Time and Attendance system.

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

Signature:
Date: 11 March 2025