Media, Entertainment and Arts Alliance

[2013] FWCA 7011

[2013] FWCA 7011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2013/8650)

ACTORS TELEVISION PROGRAMS AGREEMENT (SEVEN NETWORK (OPERATIONS) LIMITED), 2013

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 13 SEPTEMBER 2013

Application for variation of the Actors Television Programs Agreement (Seven Network (Operations) Limited) 2013.

[1] An application has been made for a variation of the Actors Television Programs Agreement (Seven Network (Operations) Limited), 2013 (the Agreement). The application was made pursuant to s.217 of the Fair Work Act 2009 (the Act) by the Media, Entertainment and Arts Alliance (MEAA).

[2] The MEAA is an employee organisation covered by the Agreement, and as such is entitled to apply to vary the Agreement pursuant to s.217(1)(c) of the Act. The employer covered by the Agreement is Seven Network (Operations) Ltd (Seven).

[3] The variation proposed by the MEAA would remove the clause “or when SPAA rate is equivalent, whichever is later” from several parts of clause 10 of the Agreement. In its application to vary the Agreement, the MEAA states that these words were inadvertently retained from a previous industrial instrument, and that they do not reflect the agreement between the employer and the relevant employees. It was said that the retention of these words creates ambiguity and/or uncertainty when considered in the context of the Agreement and the Act, the latter not having been in force when the instrument from which the words were taken operated.

[4] Seven has indicated in correspondence to my chambers that it consents to the variation proposed by the MEAA. The application was listed for an In Chambers hearing on 12 September 2013, with any person who wished to comment in relation to the proposed variation to contact my chambers one hour before the listed time. No person did so.

[5] I consider that the variation proposed by the MEAA will resolve uncertainty or ambiguity in the application of clause 10 of the Agreement. I am therefore satisfied that it is appropriate to vary the Agreement pursuant to s.217 of the Act in the manner sought.

[6] The Agreement is varied and, in accordance with s.217(2) of the Act, the variation will operate from 8 July 2013. A copy of the Agreement as varied is attached to this decision.

DEPUTY PRESIDENT

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