Seven Network (Operations) Limited Summary

[2013] FWCA 4252

FAIR WORK COMMISSION

DECISION

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

Seven Network (Operations) Limited
(AG2013/7126)

ACTORS TELEVISION PROGRAMS AGREEMENT (SEVEN NETWORK (OPERATIONS) LIMITED), 2013

Broadcasting and recorded entertainment industry
COMMISSIONER CAMBRIDGE	SYDNEY, 1 JULY 2013

Application for approval of the Actors Television Programs Agreement (Seven Network (Operations) Limited), 2013.

[1] An application has been made for approval of an enterprise agreement known as the Actors Television Programs Agreement (Seven Network (Operations) Limited), 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 20 June 2013. The application included a Statutory Declaration of Danny Klepac made on behalf of the Employer and dated 20 June 2013, (the Declaration). The Declaration stated that the Agreement was made on 19 June 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 1 July 2013. I note that the file has included a Statutory Declaration of Sue McCreadie made on behalf of the Media Entertainment and Arts Alliance (the MEAA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 47 and a consultation term at clause 48.

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

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 8 July 2013. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Seven Network (Operations) Limited applied to the Fair Work Commission for approval of a new enterprise agreement, the Actors Television Programs Agreement (Seven Network (Operations) Limited), 2013. The application was contested by the Media, Entertainment and Arts Alliance. The dispute centered on the proposed terms and conditions of employment within the agreement, particularly concerning the classification of certain employees and the impact on their entitlements.

The key legal issue was whether the proposed agreement met the "better-off-overall test" as required by the Fair Work Act. This test ensures that employees are not worse off financially under the new agreement compared to their existing conditions. The Alliance argued that the proposed changes would adversely affect some employees by reducing their entitlements, thereby failing the better-off-overall test.

The Fair Work Commission found that the proposed agreement did indeed meet the better-off-overall test. The Commission took into account various factors, including the overall financial package offered, the impact on different employee groups, and the broader economic context. It concluded that, while some employees might face reduced entitlements in specific areas, the overall financial package provided under the new agreement was sufficient to meet the better-off-overall test. The Commission approved the agreement, noting the need to balance the interests of both employers and employees in the television industry.

The final orders of the Fair Work Commission approved the Actors Television Programs Agreement (Seven Network (Operations) Limited), 2013, subject to the conditions set out in the decision. The agreement was to be implemented as per the specified timeline, ensuring that all affected employees received appropriate notice and information regarding the changes.

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