Network Ten Pty Limited

[2023] FWCA 2585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Network Ten Pty Limited

(AG2023/2271)

NETWORK 10 ENTERPRISE AGREEMENT 2022

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT EASTON	SYDNEY, 16 AUGUST 2023

Application for approval of the Network 10 Enterprise Agreement 2022.

Network Ten Pty Limited (the Employer) has made an application for the approval of the Network 10 Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Media, Entertainment and Arts Alliance (MEAA) and CPSU, the Community and Public Sector Union (CPSU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the MEAA and CPSU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2023. The nominal expiry date of the Agreement is 27 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Network Ten Pty Limited applied to the Fair Work Commission for approval of the Network 10 Enterprise Agreement 2022. The application was made in the context of a dispute between the company and the Media, Entertainment and Arts Alliance (MEAA) concerning the terms of the proposed agreement. The commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the commission involved assessing whether the agreement contained provisions that were contrary to public policy, whether it met the requirements for good faith bargaining, and if it complied with the provisions of the Fair Work Act. The commission also needed to determine if the agreement provided for a fair and reasonable safety net for employees.

The commission found that the proposed agreement did not contravene any public policy considerations and was the product of good faith bargaining. The commission further concluded that the agreement provided for a fair and reasonable safety net, including provisions for minimum wages, leave entitlements, and other essential employment conditions. After considering the evidence and submissions, the commission approved the Network 10 Enterprise Agreement 2022.

The final orders included the approval of the Network 10 Enterprise Agreement 2022, which would be effective from the date of the commission's decision. The agreement would govern the employment terms and conditions for the relevant employees until such time as a new agreement was made or the existing one was terminated in accordance with the Fair Work Act. The commission's decision was made in the interest of maintaining fair and harmonious industrial relations between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established