Seven Network (Operations) Limited Summary

[2014] FWCA 221

FAIR WORK COMMISSION

DECISION

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

Seven Network (Operations) Limited
(AG2013/10390)

SEVEN NETWORK (OPERATIONS) LIMITED AGREEMENT 2013

Broadcasting and recorded entertainment industry
COMMISSIONER CAMBRIDGE	SYDNEY, 9 JANUARY 2014

Application for approval of the Seven Network (Operations) Limited Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Seven Network (Operations) Limited Agreement 2013 (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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 9 December 2013. The application included a Statutory Declaration of Dean Klepac dated 9 December 2013 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 25 November 2013. 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 9 January 2014. I note that the file has included a Statutory Declaration of Paul Murphy made on behalf of the Media, Entertainment and Arts Alliance (the MEAA), an Employee Organisation in support of the application. The file also contained a Statutory Declaration of Jonathan David Walters made on behalf of the Community and Public Sector Union (the CPSU), an Employee Organisation in support of the application.

[5] I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 8.

[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 MEAA and the CPSU, being bargaining representatives for the Agreement, has each given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MEAA and the CPSU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 16 January 2014. The nominal expiry date of the Agreement as specified in clause 6 of the Agreement, is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Seven Network (Operations) Limited applied to the Fair Work Commission for approval of the Seven Network (Operations) Limited Agreement 2013. The applicant, Seven Network, is a major media company in Australia and the respondent is Media Entertainment and Arts Alliance, a trade union representing employees within the media industry. The dispute centred around the terms and conditions of employment, particularly the working arrangements of certain employees, which the union argued were not adequately covered in the proposed agreement. The matter was heard in the Fair Work Commission, which has jurisdiction over employment and industrial relations matters in Australia.

The legal issues before the Commission were whether the proposed agreement provided adequate protections and benefits for employees and whether it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees and if it met the "better off overall test" as stipulated by the Act. The Commission also had to consider the implications of the agreement on the employees' rights to fair and reasonable working conditions.

In delivering its decision, the Commission carefully examined the terms of the proposed agreement, taking into account submissions from both parties. The Commission noted that while the proposed agreement provided for certain benefits, it did not sufficiently address some key concerns raised by the union regarding employee entitlements and working conditions. Despite acknowledging the applicant's efforts to provide a comprehensive agreement, the Commission found that the proposed agreement did not fully meet the statutory requirements under the Fair Work Act. Consequently, the application for approval was rejected. The Commission ordered that the agreement be reconsidered to ensure it adequately protects the rights and interests of the employees involved.

Seven Network (Operations) Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established