Application by Optus Administration Pty Ltd Trading AS Optus
Citation: [2026] FWC 2697
At a glance
- Employees affected
- 43
What happened
Optus Administration Pty Ltd (the Applicant) wants the Fair Work Commission to decide which enterprise agreement covers employees transferring from Nokia Services Limited. In 2017, Optus outsourced services to Nokia Networks, and around 43 employees transferred. They were covered by the Optus Employment Partnership Agreement (2015). Now, Optus is insourcing those services again, hiring some Nokia employees who are also covered by the 2015 agreement. The Applicant wants these transferring employees to be covered by the Optus Employment Partnership Agreement (2025), which offers better conditions than the 2015 agreement. Six of the affected employees were consulted and five supported the change.
What was decided
The Fair Work Commission is likely to make an order that would mean the Optus Employment Partnership Agreement (2025) covers transferring employees, instead of the 2015 agreement. The Commissioner considered several factors including the views of the Applicant, affected employees, and the union. The 2025 agreement offers improved pay rates, redundancy pay, parental leave, and other benefits. While there's a minor disadvantage regarding overtime work done remotely, the overall improvements outweigh this. The Commission also noted potential productivity impacts and economic disadvantages for Optus if two agreements applied.
What it means for employers
Employers insourcing or transferring employees need to carefully consider which enterprise agreement applies. Consulting with affected employees is crucial when determining the appropriate agreement. Offering more favourable terms can help gain employee support, but it's important to assess potential productivity and cost implications of multiple agreements.
What it means for employees
Employees whose employment transfers between companies should understand which enterprise agreement will cover them. It’s beneficial to be informed about the differences in entitlements between agreements and provide feedback during consultations.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →