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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Network Ten Pty Limited, trading as Network 10, applied to the Fair Work Commission for the approval of the Network 10 Enterprise Agreement 2019. The applicant sought approval of the agreement under section 231 of the Fair Work Act 2009, as a new enterprise agreement. The dispute centred on whether the agreement met the requirements of the Act, including the need for the agreement to provide for the mandatory terms set out in the Fair Work Act and to be free from prohibited content.

The legal issues before the court included whether the agreement complied with the statutory obligations regarding the inclusion of mandatory terms, whether the agreement contained any content that was prohibited under the Act, and whether the agreement was made in good faith and not under duress or coercion. The court also considered whether the agreement was likely to achieve its stated objectives of providing for a fair and equitable resolution of the employment terms between the parties.

The court found that the Network 10 Enterprise Agreement 2019 met all the necessary statutory requirements. The agreement included all the mandatory terms set out in the Fair Work Act and did not contain any prohibited content. The court was satisfied that the agreement was made in good faith and that it was likely to achieve its stated objectives. Accordingly, the court approved the agreement under section 234 of the Fair Work Act 2009.

The court ordered that the Network 10 Enterprise Agreement 2019 be approved as a registered agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision marked the conclusion of the application process and established the terms and conditions of employment for the relevant employees.

Network Ten Pty Limited T/A Network 10

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established