Media, Entertainment and Arts Alliance

Case [2016] FWCA 6589


[2016] FWCA 6589
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2016/4825)

PRIVATE MEDIA AND MEDIA, ENTERTAINMENT AND ARTS ALLIANCE EDITORIAL ENTERPRISE AGREEMENT 2016 - 2019

Journalism

COMMISSIONER LEE

MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the Private Media and Media, Entertainment and Arts Alliance Editorial Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Private Media and Media, Entertainment and Arts Alliance Editorial Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Media, Entertainment and Arts Alliance. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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Details
AGLC
Media, Entertainment and Arts Alliance [2016] FWCA 6589
Case
[2016] FWCA 6589
Decision Date

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance (MEAA) and the Australian Broadcasting Corporation (ABC) have sought approval of the Private Media and Media, Entertainment and Arts Alliance Editorial Enterprise Agreement 2016 - 2019. The application was heard by the Fair Work Commission. The agreement seeks to establish terms and conditions of employment for employees of the ABC who are members of MEAA. The legal issues before the Commission were whether the agreement provided for fair and reasonable terms of employment, whether it complied with relevant legislation and public policy, and whether it met the requirements for approval under the Fair Work Act 2009.

The Commission considered the provisions of the agreement, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement provided for fair and reasonable terms of employment, and that it complied with relevant legislation and public policy. The Commission also found that the agreement met the requirements for approval under the Fair Work Act 2009. The Commission noted that the agreement provided for a fair and balanced outcome for both parties, and that it would promote stability and predictability in the workplace.

In light of the above, the Commission approved the agreement. The approval is effective from 1 July 2016 and will remain in force until 30 June 2019, subject to any variations or terminations as permitted by the agreement or the Fair Work Act 2009. The agreement provides for a comprehensive set of terms and conditions of employment for employees of the ABC who are members of MEAA, and the Commission is satisfied that it meets the requirements for approval under the Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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