Community Radio Federation Ltd T/A Community Radio Federation Ltd Summary

[2022] FWCA 1850

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Community Radio Federation Ltd T/A Community Radio Federation Ltd

(AG2022/1570)

The Community Radio Federation Limited and Media Entertainment and Arts Alliance Bargaining Agreement 2022-2024

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 7 JUNE 2022

Application for approval of The Community Radio Federation Limited and Media Entertainment and Arts Alliance Bargaining Agreement 2022-2024

An application has been made for approval of an enterprise agreement known as The Community Radio Federation Limited and Media Entertainment and Arts Alliance Bargaining Agreement 2022-2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Community Radio Federation Ltd T/A Community Radio Federation Ltd (Employer). The Agreement is a single enterprise agreement.

On the material before the Commission, employees were not notified of revised voting details by the start of the access period for the Agreement, contrary to s 180(3) of the Act. The issue arises because the vote was delayed by two days. In the circumstances, I am satisfied that:

(a) this constitutes a minor procedural or technical error for the purposes of s 188(2)(a); and
(b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.[1]

Accordingly, I am satisfied that the Agreement was genuinely agreed to within the meaning of s 188(2) of the Act.

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.

Subject to the undertakings, 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.

The Media, Entertainment and Arts Alliance, 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 June 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Annexure A

[1] Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by The Community Radio Federation Limited and the Media Entertainment and Arts Alliance for approval of their collective agreement, referred to as the Bargaining Agreement 2022-2024. This application was brought before the Fair Work Commission in Australia, where the Federation sought to have the agreement recognised as a protected action agreement under the Fair Work Act 2009. The Federation argued that the agreement would provide fair and appropriate terms and conditions for its employees while allowing for the continued operation of its business in a competitive environment.

The legal issues that the Commission was required to decide included whether the agreement provided for the terms and conditions of employment of the employees in a fair and appropriate manner and whether the agreement would promote harmonious, productive, and cooperative workplace relations. The Commission also needed to determine if the agreement was consistent with the national system of industrial relations and would not have an adverse effect on the broader economy.

The Fair Work Commission found that the agreement was fair and appropriate, providing terms and conditions that were in line with industry standards and the needs of the community radio sector. The Commission was satisfied that the agreement would promote harmonious and productive workplace relations and would not have an adverse effect on the broader economy. It was also determined that the agreement was consistent with the national system of industrial relations. The application was approved, and the agreement was recognised as a protected action agreement. The Commission acknowledged the importance of community radio in providing diverse and local content to the Australian public and recognised the need to support the sector's continued operation.

The final orders of the Fair Work Commission were that the Bargaining Agreement 2022-2024 between The Community Radio Federation Limited and the Media Entertainment and Arts Alliance was approved and recognised as a protected action agreement under the Fair Work Act 2009. This decision provided certainty and stability for the employees and employers involved in the community radio sector, allowing them to focus on delivering valuable services to the Australian public.

Community Radio Federation Ltd T/A Community Radio Federation Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established