Media, Entertainment and Arts Alliance Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court was an application by the Media, Entertainment and Arts Alliance for a variation of the Actors Television Programs Agreement (Seven Network (Operations) Limited) 2013. The Alliance sought changes to the agreement to address concerns about the working conditions of actors employed by Seven Network, specifically relating to remuneration, working hours, and the definition of work periods. The dispute was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed variations to the agreement were necessary to address the working conditions of actors, and if so, whether they were reasonable and fair. The Commission had to consider whether the changes would provide an appropriate balance between the interests of the actors and the commercial interests of Seven Network. The arguments centred on the interpretation of the relevant sections of the agreement and the principles of good faith bargaining.

The Commission found that the proposed variations were necessary to address significant issues regarding the working conditions of actors. It held that the changes were reasonable and fair, taking into account the need for a balanced outcome that recognised both the rights of the actors and the commercial realities faced by Seven Network. The Commission emphasised the importance of good faith bargaining and the need for any changes to be proportionate and equitable. In reaching its decision, the Commission considered the evidence presented by both parties and the broader context of the entertainment industry.

The Fair Work Commission ordered the variation of the Actors Television Programs Agreement (Seven Network (Operations) Limited) 2013 in accordance with the proposed changes. The new terms were designed to improve the working conditions of actors, including adjustments to remuneration and the definition of work periods. The decision was intended to provide a fair outcome for both the actors and Seven Network, while also promoting a healthy and productive working environment in the industry.

Media, Entertainment and Arts Alliance

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established