DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Network Ten Pty Limited T/A Ten
(AG2017/750)

NETWORK TEN STAFF ENTERPRISE AGREEMENT 2017

Broadcasting and recorded entertainment industry
COMMISSIONER ROE	MELBOURNE, 3 MAY 2017

Application for approval of the Network Ten Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Network Ten Staff Enterprise Agreement 2017 (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 Ten. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[5] The Agreement was approved on 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 27 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Network Ten Pty Limited, trading as Ten, applied to the Fair Work Commission for approval of the Network Ten Staff Enterprise Agreement 2017. The application was contested by the Media Entertainment and Arts Alliance. The core issue for determination was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to assess if the agreement was made in good faith and if it contained terms that were necessary to prevent unfairness.

The Fair Work Commission considered the application by examining the bargaining process and the contents of the agreement. The Commission found that the bargaining process was conducted in good faith, as both parties engaged in genuine negotiations and made reasonable efforts to reach an agreement. Regarding the contents of the agreement, the Commission analysed whether the terms were necessary to prevent unfairness, considering factors such as the nature of the workplace, the bargaining power of the parties, and the need for a fair and efficient workplace. After thorough consideration, the Commission concluded that the agreement was fair and reasonable, meeting the statutory criteria for approval.

Consequently, the Fair Work Commission approved the Network Ten Staff Enterprise Agreement 2017. The decision was based on the finding that the agreement was made in good faith and that its terms were necessary to prevent unfairness within the workplace. The approval signifies that the agreement will now be binding on the parties, and any disputes arising from its implementation will be governed by its terms.

Network Ten Pty Limited T/A Ten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established