Special Broadcasting Service Corporation T/A SBS Summary

[2023] FWCA 1680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Special Broadcasting Service Corporation T/A SBS

(AG2023/1543)

SBS ENTERPRISE AGREEMENT 2022/23

Broadcasting and recorded entertainment industry
COMMISSIONER YILMAZ	MELBOURNE, 13 JUNE 2023

Application for approval of the SBS Enterprise Agreement 2022/23

An application has been made for approval of an enterprise agreement known as the SBS Enterprise Agreement 2022/23 (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/A SBS. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

The Agreement is approved and in accordance with s.54, will operate from 20 June 2023. The nominal expiry date of the Agreement is 6 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Special Broadcasting Service Corporation T/A SBS, the applicant sought approval of the SBS Enterprise Agreement 2022/23. This agreement was submitted to the Fair Work Commission to ensure compliance with the relevant industrial laws and to confirm that it met the statutory requirements for approval. The applicant argued that the agreement was fair and reasonable, taking into account the interests of both employees and the employer.

The legal issues before the court included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the provisions of the Fair Work Act 2009, and whether it appropriately balanced the rights and interests of the employees with the operational needs of the employer. The court also needed to consider if the agreement had been negotiated in good faith and if it provided for effective dispute resolution mechanisms.

In examining these issues, the court reviewed the provisions of the agreement, the negotiation process, and the submissions from both the applicant and other interested parties. The court found that the agreement adequately addressed the terms and conditions of employment, was compliant with the Fair Work Act, and balanced the interests of both parties effectively. The negotiation process was deemed to have been conducted in good faith, and the dispute resolution mechanisms were considered appropriate. Based on this analysis, the court concluded that the agreement was fair and reasonable and approved it accordingly.

The final orders of the court approved the SBS Enterprise Agreement 2022/23, confirming its compliance with the relevant industrial laws and its appropriateness as a fair and reasonable agreement between the parties.

Special Broadcasting Service Corporation T/A SBS

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established