Australian Broadcasting Corporation

[2013] FWCA 8492

[2013] FWCA 8492

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Broadcasting Corporation
(AG2013/10679)

ABC ENTERPRISE AGREEMENT 2013 - 2016

Commonwealth employment
COMMISSIONER MCKENNA	SYDNEY, 29 OCTOBER 2013

Application for approval of the ABC Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the ABC Enterprise Agreement 2013 - 2016 (“the Agreement”). The application has been made pursuant to s.185 of the Fair Work Act 2009 (“the Act”) by the Australian Broadcasting Corporation (“the applicant”). The Agreement is a single-enterprise agreement.

[2] Following proceedings in which submissions were made concerning various aspects of the Agreement, the applicant has provided written undertakings addressing miscellaneous matters. With the provision of those undertakings, I am satisfied each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. Although I have a residual concern about aspects of the Agreement, it seems to me, that where applicable, the general law will apply to the extent of any relevant inconsistency irrespective of the approach for which the Agreement contends (if, in circumstances of dispute, for example, such matters were not otherwise the subject of determination in proceedings before the Fair Work Commission or another jurisdictionally-appropriate court or tribunal). A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Community and Public Sector Union (“CPSU”) and the Media, Entertainment and Arts Alliance (“MEAA”) concur with the content of the undertakings. The CPSU and MEAA have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2016.

COMMISSIONER

Appearances:

H Dixon SC, with G. Jolly for the Australian Broadcasting Corporation.

L. Lind for the Community and Public Sector Union.

M. Chesher and P. Murphy for the Media, Entertainment and Arts Alliance.

Hearing details:

2013.

Sydney:

October 10, 21, 23.

Annexure A

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