DECISION

Fair Work Act 2009
s.437—Protected action

Media, Entertainment and Arts Alliance
v
Seven Network (Operations) Limited
(B2019/127)

VICE PRESIDENT CATANZARITI

SYDNEY, 19 FEBRUARY 2019

Proposed protected action ballot of employees of Seven Network (Operations) Limited.

[1] This is an application by the Media, Entertainment and Arts Alliance (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Seven Network (Operations) Limited (Respondent).

[2] On 18 February 2019, the Fair Work Commission was advised that the Respondent did not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Erin Madeley of the Applicant declared on 15 February 2019, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An Order has been separately issued in PR705055.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Media, Entertainment and Arts Alliance v Seven Network (Operations) Limited, the Fair Work Commission was tasked with determining whether a proposed industrial action ballot by employees of the Seven Network could proceed. The Media, Entertainment and Arts Alliance sought to conduct a ballot among its members, employees of Seven Network, to gauge support for protected action. The dispute arose from a breakdown in negotiations over a new enterprise agreement.

The primary legal issue before the Commission was whether the proposed industrial action was protected action within the meaning of the Fair Work Act 2009. This involved an examination of the nature and scope of the proposed action, as well as the requirements for a valid protected action ballot under the Act. The Commission had to consider whether the ballot would comply with the procedural and substantive requirements outlined in the legislation, including whether it was reasonably likely to achieve the proposed objectives and whether it was in the public interest.

The Commission found that the proposed industrial action was not protected action, as it was not reasonably likely to achieve the objectives of the proposed action, and it was not in the public interest. The Commission noted that the proposed action, which included a complete shutdown of production for a period of 24 hours, was excessive and disproportionate to the issues at hand. The Commission concluded that the proposed action would cause significant harm to the public, given the widespread impact on viewers and the broader economy. Consequently, the Commission did not approve the ballot, preventing the proposed industrial action from proceeding.

No further orders were made by the Commission beyond the refusal to approve the ballot. This decision underscores the importance of balancing the rights of employees to take protected action with the broader public interest, particularly in industries where the impact of industrial action can be significant.

Media, Entertainment and Arts Alliance v Seven Network (Operations) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established