Seven Network (Operations) Limited T/A Seven

[2022] FWCA 3344

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seven Network (Operations) Limited T/A Seven

(AG2022/3762)

Seven Network (Operations) Limited Productions Enterprise Agreement 2022

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 27 SEPTEMBER 2022

Application for approval of the Seven Network (Operations) Limited Productions Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Seven Network (Operations) Limited Productions Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Seven Network (Operations) Limited (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

The Media, Entertainment and Arts Alliance, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2022. The nominal expiry date of the Agreement is 4 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Seven Network (Operations) Limited, trading as Seven, applied to the Fair Work Commission for approval of the Seven Network (Operations) Limited Productions Enterprise Agreement 2022. The application was contested by the Media, Entertainment and Arts Alliance (MEAA). The dispute centred on whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its provisions on working conditions, remuneration, and other employment terms and conditions.

The legal issues that the Commission was required to decide included whether the enterprise agreement met the "better off overall test," and whether it contained all the mandated minimum terms and conditions, including those related to penalty rates, leave provisions, and other relevant employment standards. Additionally, the Commission had to consider whether the agreement was fairly negotiated and whether it provided for proper consultation processes.

In its decision, the Commission noted that the enterprise agreement was the result of extensive negotiations between the parties and included various provisions that addressed the employees' working conditions and remuneration. The Commission found that the agreement was fairly negotiated, met the better off overall test, and contained all the mandated minimum terms and conditions. The Commission also determined that the consultation processes were appropriate and that the agreement was in compliance with the Fair Work Act. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Seven Network (Operations) Limited Productions Enterprise Agreement 2022, finding it to be fairly negotiated, compliant with the Fair Work Act, and meeting the better off overall test. The Commission found that the agreement contained all the mandated minimum terms and conditions and that appropriate consultation processes were in place.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established