Network Ten Pty Limited; Network Ten (Adelaide) Pty Limited; Network Ten (Perth) Pty Limited

[2014] FWCA 3682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Network Ten Pty Limited; Network Ten (Adelaide) Pty Limited; Network Ten (Perth) Pty Limited
(AG2014/6188)

NETWORK TEN STAFF ENTERPRISE AGREEMENT 2014

Broadcasting and recorded entertainment industry
COMMISSIONER CAMBRIDGE	SYDNEY, 4 JUNE 2014

Application for approval of the Network Ten Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Network Ten Staff Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Network Ten Pty Limited (ACN 052515250), Network Ten (Adelaide) Pty Limited (ACN 007577666) and Network Ten (Perth) Pty Limited (ACN 009108614) (the Employers). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 27 May 2014. The application included a Statutory Declaration of Graeme Kethel made on behalf of the Employers and dated 27 May 2014, (the Declaration). The Declaration stated that the Agreement was made on 16 May 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 4 June 2014. I note that the file has included a Statutory Declaration of Jonathan Walters made on behalf of the Community and Public Sector Union (the CPSU) as an employee organisation in relation to the application. The file has also included a Statutory Declaration of Matthew Chesher made on behalf of the Media, Entertainment and Arts Alliance (the MEAA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 1.6 and a consultation term at clause 1.7.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The CPSU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the CPSU.

[8] The MEAA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MEAA.

[9] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 11 June 2014. The nominal expiry date of the Agreement as specified in clause 1.1.1 of the Agreement, is 27 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

The respondents, Network Ten Pty Limited, Network Ten (Adelaide) Pty Limited, and Network Ten (Perth) Pty Limited, applied to the Fair Work Commission for the approval of the Network Ten Staff Enterprise Agreement 2014. The application was brought under the Fair Work Act 2009, specifically seeking the Commission's endorsement of the agreement, which was reached after negotiations between the parties. The applicant, Network Ten, argued that the agreement contained all necessary provisions and complied with the legislative requirements for approval.

The central legal issue before the Commission was whether the proposed agreement met all the statutory criteria for approval. This involved examining if the agreement was in the best interests of the employees, if it contained all mandatory provisions, and if it adhered to the procedural fairness and good faith bargaining principles. The Commission also had to determine if the agreement was free from any illegal or discriminatory content.

In reaching its decision, the Commission meticulously reviewed the agreement's contents and the negotiation process. The Commission found that the agreement was comprehensive, contained all mandatory provisions, and was reached through genuine bargaining. It was determined that the agreement was in the best interests of the employees and was not discriminatory. The Commission also noted that the negotiation process was conducted in good faith and without any procedural unfairness. Consequently, the Commission approved the agreement, affirming that it complied with all legislative requirements.

The Fair Work Commission approved the Network Ten Staff Enterprise Agreement 2014, affirming its compliance with the Fair Work Act 2009. The Commission's decision was based on the comprehensiveness of the agreement, the inclusion of all mandatory provisions, and the adherence to principles of procedural fairness and good faith bargaining. The agreement was found to be in the best interests of the employees and free from any illegal or discriminatory content.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established