Media, Entertainment and Arts Alliance v Nine Entertainment Co. Holdings Limited T/A PBL Media Holdings Pty Ltd

[2024] FWC 1751

FAIR WORK COMMISSION

DECISION
Fair Work Act 2009
s.437 - Application for a protected action ballot order
Media, Entertainment and Arts Alliance
v
Nine Entertainment Co. Holdings Limited T/A PBL Media Holdings Pty Ltd
(B2024/835)

DEPUTY PRESIDENT BOYCE

SYDNEY, 3 JULY 2024

Proposed protected action ballot of employees of Nine Entertainment Co. Holdings Limited
[1]      This is an application by the Media, Entertainment and Arts Alliance (MEAA or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Nine Entertainment Co. Holdings Limited (Nine or Employer).
[2]      On 3 July 2024, a hearing was conducted to resolve the outstanding objection raised by the Employer in respect of the application, and the protected ballot action orders sought in respect of same. The Commission was advised at the hearing that the Employer, in effect, did not object to the Application.
[3]      On the basis of the material before me, including the declaration of Michelle Rae, Acting National Media Director, setting out the steps taken by the MEAA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with it, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.
[4]      The ballot is to be conducted by TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.
[5]      For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 19 July 2024. This also establishes the ballot period for the purpose of s.448A(2) of the Act.
[6]      An Order has been separately issued in PR776658.
[7]      This matter will be assigned to the Commission as presently constituted to conduct the s.448A compulsory conciliation conference. Orders will be issued requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT
Appearances:

Mr William Whitsed appeared for the Applicant.
Mr Michael Trafford appeared for the Employer.
Printed by authority of the Commonwealth Government Printer
<PR776657>

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance (MEAA) has applied to the Fair Work Commission (FWC) for a protected action ballot order against Nine Entertainment Co. Holdings Limited (Nine). The application was made under section 437 of the Fair Work Act 2009, seeking to conduct a ballot among certain employees of Nine to determine if they support protected industrial action. The application was heard on 3 July 2024, with the employer indicating it did not object to the application.

The legal issues before the Commission included whether the conditions for a protected action ballot were met, specifically under section 443(1) of the Act, and whether the requirements for the conduct of the ballot were satisfied. The MEAA argued that it had been genuinely attempting to reach an agreement with Nine, as required by the Act. Additionally, the Commission needed to determine the closing date for the ballot to ensure compliance with section 443(3)(c) of the Act.

The Deputy President of the FWC, Boyce, concluded that the MEAA had met all necessary requirements for the ballot, including providing adequate notification and demonstrating genuine efforts to negotiate. The Commission approved TrueVote Pty Ltd as the authorised agent to conduct the ballot, ensuring the process adhered to the Act's provisions. The Commission set the closing date for the ballot as 19 July 2024 and assigned the matter to conduct a compulsory conciliation conference. This decision ensures that all bargaining representatives attend the conference to engage in meaningful negotiations, with potential directions to be issued to facilitate this process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established