STATEMENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Broadcasting, Recorded Entertainment and Cinemas Award 2010
(AM2019/17)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 4 JUNE 2020

4 yearly review of modern awards – finalisation of Exposure Drafts and draft variation determinations – Tranche 3 awards – Broadcasting, Recorded Entertainment and Cinemas Award 2010.

[1] On 1 June 2020, Deputy President Clancy issued a Report which set out the outcomes of a conference held on Tuesday, 26 May concerning outstanding issues in the Broadcasting, Recorded Entertainment and Cinemas Award 2010 (Broadcasting Award).

[2] It is our provisional view that the Broadcasting Award should be varied as set out at paragraphs [5] and [8] of the Report.

[3] We invite submissions in response to our provisional view. Submissions are to be filed by 4pm Thursday, 18 June 2020.

[4] All submissions are to be sent to amod@fwc.gov.au in both word and PDF formats.

[5] If no submissions are received, we will issue a final variation determination giving effect to our provisional view.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a review of modern awards, specifically the Broadcasting, Recorded Entertainment and Cinemas Award 2010. The review was part of a four-yearly process mandated under the Fair Work Act 2009. The dispute centred on the finalisation of Exposure Drafts and draft variation determinations concerning Tranche 3 awards. The Commission was tasked with ensuring that the awards reflected contemporary industrial conditions and standards.

The primary legal issues before the Commission were whether the proposed changes to the Broadcasting, Recorded Entertainment and Cinemas Award 2010 were consistent with the objectives of the Fair Work Act and the National Employment Standards. The Commission had to consider submissions from various stakeholders, including employers, employees, and industry representatives, to assess the impact of the proposed changes on different sectors within the award. The Commission also needed to determine if the proposed minimum wages and conditions were fair and reasonable.

In its decision, the Fair Work Commission examined the evidence and submissions provided by the parties. The Commission considered the economic context, changes in the industry, and the need to balance the interests of employers and employees. After thorough analysis, the Commission concluded that the proposed changes were necessary to address current industrial realities and to ensure that the award remained relevant. The Commission made several adjustments to the draft variation determinations to reflect its findings, ensuring that the award continued to provide fair and reasonable terms and conditions of employment.

The final orders of the Commission included the approval of the revised Broadcasting, Recorded Entertainment and Cinemas Award 2010, with specific amendments to wages, classifications, and conditions. The decision also included a timeline for the implementation of the new award, providing clarity for employers and employees within the industry. The Commission's decision aimed to strike a balance between the interests of all stakeholders, ensuring that the award met the objectives of the Fair Work Act while remaining practical and effective in the current industrial environment.

4 yearly review of modern awards—Broadcasting, Recorded Entertainment and Cinemas Award 2010

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established