DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Broadcasting Corporation
(AG2016/6768)

ABC ENTERPRISE AGREEMENT 2016 - 2019

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 12 DECEMBER 2016

Application for approval of the ABC Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the ABC Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Broadcasting Corporation. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the Australian Broadcasting Corporation. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of each of the undertakings is attached to this decision.

[4] The CPSU, the Community and Public Sector Union and the Media, Entertainment and Arts Alliance being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

The case involved the Australian Broadcasting Corporation (ABC) and its employees. The employees sought approval of the ABC Enterprise Agreement 2016-2019. The dispute was heard by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The legal issues the court had to address included whether the agreement met the requirements for approval, including whether it provided for a fair and equitable outcome for employees and whether it complied with the Fair Work Act. The court had to consider whether the agreement provided for adequate minimum rates of pay, entitlements, and conditions of employment, and whether it allowed for appropriate flexibility and productivity improvements.

The Fair Work Commission found that the agreement did meet the requirements for approval. The court noted that the agreement provided for a fair and equitable outcome for employees, with appropriate minimum rates of pay, entitlements, and conditions of employment. The court also found that the agreement allowed for appropriate flexibility and productivity improvements, while ensuring that employees were not disadvantaged. The court considered the evidence presented by both parties and the submissions made on behalf of the employees, and concluded that the agreement was in the best interests of the employees and should be approved. The court made orders approving the ABC Enterprise Agreement 2016-2019, subject to certain conditions and modifications.

Australian Broadcasting Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established