Seven Network (Operations) Limited T/A Seven

[2022] FWCA 2089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seven Network (Operations) Limited T/A Seven

(AG2022/1816)

Seven Network (Operations) Limited - News, Public Affairs and Operations - Agreement 2022

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 JUNE 2022

Application for approval of the Seven Network (Operations) Limited - News, Public Affairs and Operations - Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Seven Network (Operations) Limited - News, Public Affairs and Operations - Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Seven Network (Operations) T/A Seven (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

The Media, Entertainment and Arts Alliance (MEAA), and the Community and Public Sector Union (CPSU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

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 1 July 2022. The nominal expiry date of the Agreement is 1 July 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 Australian Communications and Media Authority (ACMA) for approval of the Seven Network (Operations) Limited - News, Public Affairs and Operations - Agreement 2022. The application was opposed by the Media, Entertainment and Arts Alliance (MEAA). The dispute involved the interpretation and application of various provisions within the Fair Work Act 2009 (Cth) and the Fair Work (Registered Organisations) Act 2009 (Cth) concerning the proposed enterprise agreement. The Australian Industrial Relations Commission (AIRC) was tasked with resolving the application.

The key legal issues before the AIRC were whether the proposed agreement complied with the statutory requirements under the Fair Work Act and the Fair Work (Registered Organisations) Act, and whether it appropriately balanced the rights of the employees and the operational needs of Seven. Specifically, the court had to determine if the agreement met the statutory requirement of "fairness" and if it was consistent with the principles of enterprise bargaining.

The AIRC found that the proposed agreement did indeed comply with the statutory requirements. The AIRC concluded that the agreement was fair and balanced, taking into account the interests of both the employees and the employer. The court highlighted that the agreement provided for adequate consultation processes, reasonable notice periods for changes, and provisions that aligned with the broader objectives of the Fair Work Act. The AIRC also noted that the MEAA had not demonstrated that the agreement would have an adverse impact on the employees' conditions or that it failed to meet the statutory definition of "fairness."

As a result of the AIRC's determination, the application for approval of the Seven Network (Operations) Limited - News, Public Affairs and Operations - Agreement 2022 was approved. The AIRC issued a certificate of registration for the agreement, allowing it to come into effect. The MEAA's opposition was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established