Broadcast Australia

[2013] FWCA 7889

FAIR WORK COMMISSION

DECISION

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

Broadcast Australia
(AG2013/7979)

BROADCAST AUSTRALIA BROADCAST TECHNICIAN ENTERPRISE AGREEMENT 2013 - 2017

Broadcasting and recorded entertainment industry
VICE PRESIDENT WATSON	SYDNEY, 9 OCTOBER 2013

Application for approval of the Broadcast Australia Broadcast Technician Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Broadcast Australia Broadcast Technician Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broadcast Australia. The Agreement is a single enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 October 2013 and, in accordance with s.54, will operate from 16 October 2013. The nominal expiry date of the Agreement is 30 June 2017.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Broadcast Australia Broadcast Technician Enterprise Agreement 2013-2017. The applicants, Broadcast Australia, sought to have the proposed agreement registered under the Fair Work Act 2009. The dispute arose as the applicants argued that the agreement had been negotiated in good faith and contained terms that were in the best interests of the employees and the employer.

The primary legal issues before the Commission were whether the agreement had been genuinely negotiated and whether the terms and conditions contained within it were fair and reasonable. The Commission needed to assess whether the agreement met the statutory requirements set out in the Fair Work Act, including the criteria for good faith negotiation and the consideration of the interests of both parties.

In reaching its decision, the Commission examined the process of negotiation and the content of the agreement. It found that the negotiation process was conducted in good faith, with both parties engaging in meaningful discussions. The Commission also considered the fairness of the terms and conditions, ensuring they aligned with the principles of the Act, which include providing for the health, safety, and welfare of employees, and recognising the need for flexibility and efficiency in the workplace. Based on this assessment, the Commission determined that the agreement met the necessary criteria and approved it.

The Fair Work Commission approved the Broadcast Australia Broadcast Technician Enterprise Agreement 2013-2017, finding that it had been negotiated in good faith and contained terms that were fair and reasonable. The decision was made in accordance with the statutory requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established