DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Special Broadcasting Service Corporation T/A SBS
(AG2019/5091)

SBS ENTERPRISE AGREEMENT 2019

Commonwealth employment
DEPUTY PRESIDENT CROSS	SYDNEY, 31 JANUARY 2020

Application for approval of the SBS Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SBS Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Special Broadcasting Service Corporation t/as SBS. The Agreement is a single enterprise agreement.

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

[3] The CPSU, the Community and Public Sector Union and MEAA, the Media, Entertainment and Arts Alliance, being bargaining representatives for the Agreement, have given notice under s.183 of the Act they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement was approved on 31 January 2020 and, in accordance with s.54 of the Act, will operate from 7 February 2020. The nominal expiry date of the Agreement is 6 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Special Broadcasting Service Corporation, trading as SBS, sought approval of the SBS Enterprise Agreement 2019 from the Fair Work Commission. The application for approval was made by the employer, and the Australian Broadcasting Corporation (ABC) and the Community and Public Sector Union (CPSU) intervened in the proceedings. The agreement in question was the result of negotiations between SBS and the unions representing its employees, and the Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the SBS Enterprise Agreement 2019 complied with the procedural and substantive requirements for approval as set out in the Fair Work Act. Specifically, the Commission had to assess if the agreement was made in good faith and if it contained the necessary minimum terms and conditions, including pay and conditions, dispute resolution mechanisms, and other employment-related provisions. The interveners argued that the agreement did not adequately protect employees' rights and interests, while the employer contended that it provided a fair and reasonable balance of terms for both parties.

The Fair Work Commission found that the SBS Enterprise Agreement 2019 met the procedural and substantive requirements for approval. The Commission noted that the agreement was made in good faith, as evidenced by the extensive negotiations and the willingness of both parties to reach a compromise on various issues. In terms of the substantive requirements, the Commission determined that the agreement provided for minimum pay rates and conditions, as well as appropriate dispute resolution mechanisms. While the interveners raised concerns about certain provisions, the Commission was satisfied that the overall balance of the agreement was fair and reasonable, taking into account the need for SBS to remain competitive in the broadcasting industry.

As a result of its findings, the Fair Work Commission approved the SBS Enterprise Agreement 2019, subject to certain modifications to address specific concerns raised during the proceedings. These modifications related primarily to the clarification of certain terms and the inclusion of additional protections for employees. The approval of the agreement ensures that the parties will be bound by its terms and conditions, providing a stable framework for industrial relations between SBS and its employees represented by the unions.

Special Broadcasting Service Corporation T/A SBS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established