Michael v Network Ten Pty Limited

[2023] FCA 1091

FEDERAL COURT OF AUSTRALIA

Michael v Network Ten Pty Limited [2023] FCA 1091   

File number:

NSD 970 of 2020

Judgment of:

SNADEN J

Date of judgment:

15 September 2023

Catchwords:

INDUSTRIAL LAW – alleged breach of statutory obligations – application of enterprise agreement – where employee worked as an “executive producer” at a television network – whether employment was covered by enterprise agreement – where coverage of enterprise agreement was expressed by reference to an award – proper construction of award – whether tasks performed were of a kind to which award classification applied – application of “major and substantial” test

HELD – application dismissed

Legislation:

Fair Work Act 2009 (Cth) pts 2-3, 2-4, 3-1, 4-1, ss 50, 51, 52, 53, 143, 340, 539, 570

Broadcasting, Recorded Entertainment and Cinemas Award 2010

Network 10 Enterprise Agreement 2019

Cases cited:

Amcor Ltd v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241

BioGiene Pty Ltd v Mullan [2022] FCAFC 73

Choppair Helicopters Pty Ltd v Bobridge [2018] FCA 325

City of Wanneroo v Australian Municipal Administrative, Clerical and Services Union (2006) 153 IR 426

Construction, Forestry, Mining and Energy Union v Anglo Coal (Callide Management) Pty Ltd [2015] FCA 696

Fair Work Ombudsman v Complete Windscreens (SA) Pty Ltd [2016] FCA 621

James Cook University v Ridd (2020) 278 FCR 566

Kucks v CSR Ltd (1996) 66 IR 182

Shop, Distributive and Allied Employees’ Association v Woolworths SA Pty Ltd [2011] FCAFC 67

Ware v O’Donnell Griffin (Television Services) Pty Ltd [1971] AR(NSW) 18  

Division:

Fair Work Division

Registry:

New South Wales

National Practice Area:

Employment and Industrial Relations

Number of paragraphs:

97

Date of hearing:

21 and 22 March 2023

Counsel for the Applicant:

Ms V Bulut

Solicitor for the Applicant:

Laxon Lex Lawyers

Counsel for the Respondent:

Mr A Moses SC with Mr P Sharp

Solicitor for the Respondent:

Colin Biggers & Paisley Lawyers

ORDERS

NSD 970 of 2020

BETWEEN:

MARIA MICHAEL

Applicant

AND:

NETWORK TEN PTY LIMITED

Respondent

ORDER MADE BY:	SNADEN J
DATE OF ORDER:	15 SEPTEMBER 2023

THE COURT ORDERS THAT:

1.The application be dismissed.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

SNADEN J:

1. The applicant, Ms Michael, is a former employee of the respondent (“Network 10”), a well‑known Australian television broadcaster.  She was dismissed by reason of redundancy on 29 May 2020, following a long and storied career.  At the time of her dismissal, she was engaged in the position of “Executive Producer – Entertainment” and commanded an annual gross salary of $262,247.40 (excluding bonus).  In her role, she was responsible for producing a suite of television programs that featured in Network 10’s public offerings.

2. Upon the termination of her employment, Ms Michael was paid a little over $255,000.00 (gross) by way of various termination entitlements, which included amounts referrable to severance pay and payment in lieu of notice.  It is the former species of entitlement that is the…