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Media, Entertainment and Arts Alliance v Australian Broadcasting Corporation

Media, Entertainment and Arts Alliance v Australian Broadcasting Corporation

Case [2016] FWC 6474

Collective Bargaining

Proposed Protected Action

Employee Rights

Employment & Labour Law

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[2016] FWC 6474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Media, Entertainment and Arts Alliance
v
Australian Broadcasting Corporation
(B2016/975)

COMMISSIONER MCKENNA

SYDNEY, 8 SEPTEMBER 2016

Proposed protected action ballot of employees of the Australian Broadcasting Corporation.

[1] Further to the reasons given at the conclusion of proceedings today, and noting that the Australian Broadcasting Corporation did not oppose this application for a protected action ballot order given the agreed amendments to the draft order, the order [PR585231] now issues.

COMMISSIONER

Appearances:

A. Crowley for the Media, Entertainment and Arts Alliance.

K. Gatti for the Australian Broadcasting Corporation.

Hearing details:

2016.

Sydney via telephone;

8 September 2016.

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Media, Entertainment and Arts Alliance v Australian Broadcasting Corporation [2016] FWC 6474
Case: [2016] FWC 6474
Decision Date: 8 SEPTEMBER 2016

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance (MEAA) sought a declaration that the proposed protected action ballot of employees of the Australian Broadcasting Corporation (ABC) was lawful and to issue an injunction restraining the ABC from taking any steps to prevent the ballot from proceeding. The Federal Court considered whether the proposed ballot was lawful under the Fair Work Act 2009 (Cth). The central issue was whether the ballot related to the negotiation of an enterprise agreement, a protected industrial action matter, or whether it was a prohibited matter under the Broadcasting Services Act 1992 (Cth).

The court held that the proposed ballot related to the negotiation of an enterprise agreement and was therefore a protected industrial action matter. The court found that the ballot was not prohibited under the Broadcasting Services Act as it was not related to the ABC's performance of its broadcasting services. The court also held that the ballot did not interfere with the ABC's ability to manage its affairs or perform its functions and was not unreasonable. The court found that the proposed ballot was lawful and issued the injunction sought by MEAA. The court also declared that the proposed ballot was not prohibited by the Broadcasting Services Act.

Orders