Media, Entertainment and Arts Alliance v Australian Broadcasting Corporation

Case

[2024] FWC 949

12 APRIL 2024


[2024] FWC 949

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009

s.739—Dispute resolution

Media, Entertainment and Arts Alliance
v

Australian Broadcasting Corporation

(C2023/3600)

COMMISSIONER MATHESON

SYDNEY, 12 APRIL 2024

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)]

The Fair Work Commission makes the following recommendation in relation to the ABC
Enterprise Agreement 2022 – 2025 (Enterprise Agreement):

  1. The Australian Broadcasting Corporation (ABC) will, wherever possible, seek to minimise the need for redundancies consistent with its commitments in clause 54.1.1 of the Enterprise Agreement.

  1. ABC maintains its commitment to adopting positive alternatives to redundancy, wherever possible, as outlined in clause 54.1.1 of the Enterprise Agreement.

  1. ABC will genuinely consider any expressions of interest in voluntary redundancy.

  1. Where there are multiple change proposals which are announced within 7 days of each other and for substantially the same reason, then the change proposals which relate to a particular Division will be treated as a single change proposal in that Division for the purposes of clause 54.5.1 of the Enterprise Agreement. The ABC will not delay announcing a change proposal with the intended effect of avoiding its obligations under clause 54.5. For the avoidance of doubt, a change proposal does not include redundancies arising from employees expressing interest in voluntary redundancy.

The Australian Broadcasting Corporation, the Media, Entertainment and Arts Alliance and the
Community and Public Sector Union agree to be bound by this recommendation.

The Fair Work Commission also records the fact that this recommendation is accepted by the
Australian Broadcasting Corporation, the Media, Entertainment and Arts Alliance and the
Community and Public Sector Union.


COMMISSIONER

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