DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Broadcasting Corporation T/A ABC
(AG2019/4841)

ABC ENTERPRISE AGREEMENT –2019-2022

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JANUARY 2020

Application for approval of the ABC Enterprise Agreement –2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the ABC Enterprise Agreement –2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Broadcasting Corporation T/A ABC. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Media, Entertainment and Arts Alliance and the Community and Public Sector Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2020. The nominal expiry date of the Agreement is 1 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Broadcasting Corporation T/A ABC sought approval of the ABC Enterprise Agreement 2019-2022. The dispute concerned the terms and conditions of employment for the ABC's workforce, including issues such as wages, allowances, and other benefits. The matter was heard by the Commission, which was required to determine whether the agreement was in the interests of the employees and the employer, and whether it complied with relevant legislative requirements.

The central legal issues before the Commission were whether the proposed agreement provided for a fair and reasonable level of remuneration and other employment conditions for the ABC's workforce, and whether it complied with the requirements of the Fair Work Act 2009. The Commission had to consider the nature of the ABC's operations, the economic environment, and the bargaining positions of the parties. The Commission also had to assess whether the agreement met the "better off overall test", which required that the employees be no worse off and at least some employees be better off financially under the new agreement.

The Commission found that the proposed agreement met the requirements of the Act and was in the interests of both the employees and the employer. The Commission noted that the agreement provided for a reasonable level of remuneration and other benefits for the ABC's workforce, taking into account the economic environment and the nature of the ABC's operations. The Commission also found that the agreement met the "better off overall test", as some employees would be better off financially under the new agreement. The Commission approved the ABC Enterprise Agreement 2019-2022, subject to certain conditions and modifications.

The Commission ordered that the agreement be registered with the Fair Work Commission, and that it would come into effect on the date of the decision. The Commission also ordered that certain modifications be made to the agreement, including changes to the calculation of allowances and the introduction of a new performance management framework. The Commission noted that these modifications were necessary to ensure that the agreement complied with relevant legislative requirements and was in the best interests of the employees and the employer.

Australian Broadcasting Corporation T/A ABC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established