Application by Joshua Anderson

[2025] FWC 2204

FAIR WORK COMMISSION

STATEMENT AND DIRECTIONS

Fair Work Act 2009

s.160 - Application to vary a modern award to remove ambiguity or uncertainty or correct error

Application by Joshua Anderson

(AM2025/3)

BROADCASTING, RECORDED ENTERTAINMENT AND CINEMAS AWARD 2020
[MA000091]

DEPUTY PRESIDENT SLEVIN

SYDNEY, 29 JULY 2025

Application to vary a modern award to remove ambiguity or uncertainty or correct error - Broadcasting, Recorded Entertainment and Cinemas Award 2020 – Clause 60 Meal Breaks - call for submissions

Mr Joshua Anderson has applied under s. 160 of the Fair Work Act 2009 for a determination varying the Broadcasting, Recorded Entertainment and Cinemas Award 2020 to remove an ambiguity or uncertainty. The application seeks to vary clause 60 to clarify cinema workers’ entitlement for meal breaks and/or penalties for work of 5 hours or more.

Directions were issued on 4 June 2025 for interested parties to file a position paper in relation to the application by 25 June 2025. A conference was listed for 8 July 2025. The only position paper received was from the Cinema Association of Australasia. The Association accepts that the clause is ambiguous and uncertain and proposes a variation in the following terms:

60. Meal breaks

60.1 The employer must allow an unpaid meal break of 30 minutes (or, if the employee and the
employer agree, up to 60 minutes) when employees ~~are~~ work~~ing~~ a ~~rostered~~ period of work
that is in excess of 5 hours ~~unless that rostered work period would end within that meal~~
~~break~~.

60.2 Employees required to work beyond 5 hours without being provided with a meal break in
accordance with clause 60.1 will be paid at 200% of the minimum hourly rate for the period
of the meal break.”

During the conference Mr Anderson accepted that the proposed variation meets his concerns.

All documents relating to the matter are available on the Commission’s webpage here: Broadcasting, Recorded Entertainment and Cinema Award variation (AM2025/3) | Fair Work Commission.

Interested parties are directed to provide submissions on the proposed variation. Submissions should be emailed to awards@fwc.gov.au by 12.00 pm on 20 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by Joshua Anderson to vary the Broadcasting, Recorded Entertainment and Cinemas Award 2020. The applicant sought clarification on the entitlement of cinema workers to meal breaks and/or penalties when working shifts of five hours or more. The Commission issued directions for interested parties to submit position papers and held a conference where the Cinema Association of Australasia presented a proposed variation to Clause 60. This clause pertains to meal breaks for cinema workers, addressing the ambiguity and uncertainty identified by Mr Anderson.

The legal issue before the Commission was whether the Broadcasting, Recorded Entertainment and Cinemas Award 2020 contained ambiguous or uncertain provisions that needed clarification. Specifically, the Commission needed to determine if Clause 60 of the Award required variation to remove ambiguity and uncertainty or to correct an error. The Commission also needed to consider the submissions of interested parties, including the proposed variation by the Cinema Association of Australasia, and whether it adequately addressed the concerns raised by the applicant.

The Fair Work Commission found that Clause 60 of the Award was indeed ambiguous and uncertain, as it did not clearly outline the entitlements of cinema workers regarding meal breaks. The proposed variation by the Cinema Association of Australasia was accepted by Mr Anderson as meeting his concerns. The Commission directed interested parties to submit written submissions on the proposed variation by a specified date. The Commission recognised the importance of providing clarity to cinema workers regarding their entitlements to meal breaks and the potential penalties for non-compliance.

The Fair Work Commission issued a determination varying Clause 60 of the Broadcasting, Recorded Entertainment and Cinemas Award 2020 to provide clarity on meal breaks for cinema workers. The variation specifies that employers must allow an unpaid meal break of 30 minutes (or up to 60 minutes if agreed upon by the employee and employer) for shifts exceeding five hours, unless the shift would end within the meal break period. Additionally, employees not provided with a meal break as specified will be compensated at 200% of the minimum hourly rate for the duration of the meal break. Submissions on the proposed variation were to be submitted to the Commission by 20 August 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established