Network Ten Pty Limited T/A Network 10

[2019] FWCA 7450

[2019] FWCA 7450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Network Ten Pty Limited T/A Network 10
(AG2019/3821)

NETWORK 10 ENTERPRISE AGREEMENT 2019

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 OCTOBER 2019

Application for approval of the Network 10 Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Network 10 Enterprise Agreement 2019 (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 T/A Network 10. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that Clauses 4.1.3(b)(i), (b)(ii), Clause 11.9.1, Clause 11.5, Clause 4.14, Clause 12.4.2, Clause 11.7 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2.4.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Community Public Sector Union (CPSU) and the Media, Entertainment and Arts Alliance (MEAA) being bargaining representatives for the Agreement, 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 organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2019. The nominal expiry date of the Agreement is 27 April 2022.

DEPUTY PRESIDENT

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Annexure A