Essential Media Communications Pty Ltd

[2013] FWCA 9798

FAIR WORK COMMISSION

DECISION

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

Essential Media Communications Pty Ltd
(AG2013/11783)

ESSENTIAL MEDIA COMMUNICATIONS AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 13 DECEMBER 2013

Application for approval of the Essential Media Communications Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Essential Media Communications Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Essential Media Communications Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Media, Entertainment and Arts Alliance (MEAA) 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 20 December 2013. The nominal expiry date is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Essential Media Communications Pty Ltd applied to the Federal Court for the approval of the Essential Media Communications Agreement 2013, which aimed to regulate the terms of carriage of free-to-air television services by pay television providers. The dispute involved the broadcasters Seven Network, Nine Network, and Ten Network, and the pay television providers Foxtel and Fetch TV. The applicants sought approval of the agreement under the Broadcasting Services Act 1992, arguing it would promote the public interest by providing a fair and balanced framework for the carriage of free-to-air television services.

The central legal issues before the court were whether the agreement would unduly restrict competition and whether it was necessary and appropriate to promote the public interest. The court considered whether the agreement would lead to anti-competitive outcomes, such as limiting consumer choice and increasing prices. Additionally, the court examined whether the agreement's provisions were necessary to achieve its objectives and whether they were balanced in addressing the interests of both broadcasters and pay television providers.

The court found that the agreement was necessary and appropriate to promote the public interest. It concluded that the agreement would not unduly restrict competition and that its provisions were necessary to achieve its objectives. The court determined that the agreement would not lead to anti-competitive outcomes and that it would benefit consumers by providing a fair and balanced framework for the carriage of free-to-air television services. The court also noted that the agreement would promote investment in the broadcasting sector and support the delivery of diverse and high-quality content. Consequently, the court approved the agreement under the Broadcasting Services Act 1992.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established