DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seven Network (Operations) Limited
(AG2019/2176)

SEVEN NETWORK (OPERATIONS) LIMITED PRODUCTIONS ENTERPRISE AGREEMENT 2019

Broadcasting and recorded entertainment industry
COMMISSIONER JOHNS	MELBOURNE, 19 JULY 2019

Application for approval of the Seven Network (Operations) Limited Productions Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Seven Network (Operations) Limited Productions 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 Seven Network (Operations) Limited. 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.

[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] The Media, Entertainment and Arts Alliance (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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 18 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Seven Network (Operations) Limited seeking approval of the Seven Network (Operations) Limited Productions Enterprise Agreement 2019. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it contained the minimum terms and conditions mandated by the legislation and if it was fairly and genuinely negotiated. The Commission was tasked with evaluating the fairness and genuineness of the agreement, as well as its compliance with the Act.

The legal issues before the Commission included whether the enterprise agreement contained all the minimum terms and conditions as prescribed by the Fair Work Act, and if the agreement had been genuinely negotiated. Additionally, the Commission had to consider whether the proposed agreement met the "better off overall test" and whether the agreement was procedurally fair and reasonable in all its aspects. The Commission also needed to determine if any terms of the agreement were contrary to public policy.

The Fair Work Commission found that the proposed enterprise agreement contained all the required minimum terms and conditions and was genuinely negotiated. The Commission determined that the agreement met the better off overall test, meaning that the employees would be no worse off and at least some would be better off financially. The Commission also found that the agreement did not contravene any public policy and was procedurally fair and reasonable. Consequently, the Commission approved the Seven Network (Operations) Limited Productions Enterprise Agreement 2019.

Seven Network (Operations) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established