Application by Joshua Anderson

[2025] FWC 2204

[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

1. 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.

1. 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 working 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.”

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

1. 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.  

1. Interested parties are directed to provide submissions on the proposed variation. Submissions should be emailed to [email protected] by 12.00 pm on 20 August 2025.   

DEPUTY PRESIDENT

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