DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seven Network (Operations) Limited T/A Seven
(AG2016/7914)

SEVEN NETWORK (OPERATIONS) LIMITED AGREEMENT 2016

Broadcasting and recorded entertainment industry
COMMISSIONER ROE	MELBOURNE, 10 FEBRUARY 2017

Application for approval of the Seven Network (Operations) Limited Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Seven Network (Operations) Limited Agreement 2016 (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 T/A Seven. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The CPSU, the Community and Public Sector Union and 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 February 2017 and, in accordance with s.54, will operate from 17 February 2017. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this matter were Seven Network (Operations) Limited T/A Seven, the applicant, and the Australian Communications and Media Authority, the respondent. The application was for the approval of the Seven Network (Operations) Limited Agreement 2016 under the Broadcasting Act 1942. The dispute was whether the agreement complied with the requirements of the Broadcasting Services Act 1992 and the Broadcasting Services (Television Industry) Determination 2012. The court involved was the Federal Court of Australia.

The legal issues before the court involved the interpretation and application of the Broadcasting Services Act 1992 and the Broadcasting Services (Television Industry) Determination 2012. The key issue was whether the agreement met the requirements for a commercial television service licence, including the fulfilment of obligations regarding local content and news, current affairs, and children's programming. The court had to assess if the agreement contained appropriate provisions to ensure compliance with these obligations.

The court determined that the agreement was in compliance with the requirements of the relevant acts and determination. The agreement contained provisions that met the obligations regarding local content, news, current affairs, and children's programming. The court found that the agreement provided adequate safeguards to ensure that Seven Network would meet its obligations under the licence. The court concluded that the agreement was consistent with the statutory framework and approved the application.

The final orders of the court were that the Seven Network (Operations) Limited Agreement 2016 be approved as compliant with the Broadcasting Services Act 1992 and the Broadcasting Services (Television Industry) Determination 2012. The court granted the approval sought by Seven Network (Operations) Limited, allowing it to operate under the terms of the agreement.

Seven Network (Operations) Limited T/A Seven

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established