DECISION Commission - Australian Broadcasting Corporation
[2020] FWCA 346FairWorkCommissionDECISIONFair Work Act 2009s.185—Enterprise agreementAustralian Broadcasting Corporation T/A ABC(AG2019/4841)ABC ENTERPRISE AGREEMENT –2019-2022Broadcasting and recorded entertainment industryDEPUTY PRESIDENT MASSONMELBOURNE, 22 JANUARY 2020Application for approval of the ABC Enterprise Agreement –2019-2022.[1]An application has been made for approval of an enterprise agreement known as theABC Enterprise Agreement –2019-2022 (the Agreement). The application was made pursuantto s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian BroadcastingCorporation T/A ABC. The Agreement is a single enterprise agreement.[2]The Employer has provided written undertakings. A copy of the undertakings isattached in Annexure A. I am satisfied that the undertakings will not cause financial detrimentto any employee covered by the Agreement and that the undertakings will not result insubstantial changes to the Agreement. The undertakings are taken to be a term of theagreement.[3]Subject to the undertakings referred to above, I am satisfied that each of therequirements of ss.186, 187, 188 and 190 as are relevant to this application for approval havebeen met.[4]Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair WorkRegulations 2009 is taken to be a term of the Agreement.[5]The Media, Entertainment and Arts Alliance and the Community and Public SectorUnion being bargaining representatives for the Agreement, have given notice under s.183 ofthe Act that they want the Agreement to cover them. In accordance with s.201(2) I note thatthe Agreement covers the organisations.1
[2020] FWCA 346[6]The Agreement is approved and, in accordance with s.54 of the Act, will operate from29 January 2020. The nominal expiry date of the Agreement is 1 October 2022.DEPUTY PRESIDENTPrinted by authority of the Commonwealth Government Printer AE506845 PR716104 2
[2020] FWCA 346Annexure ADABC17/01/2020Associate to Deputy President MassonFair Work Commission11 Exhibition StreetMelbourne VIC 3000By email: chambers.masson.DP@fwc.qov.auDear Associate,AG2019/4841 - Application for approval of the ABC Enterprise Agreement 2019 2022 (Agreement)Pursuant to s.190 of the Fair Work Act 2009, the Australian Broadcasting Corporationundertakes, while the ABC Enterprise Agreement 2019 - 2022 is in operation, that,notwithstanding the provisions in Schedule F, the minimum weekly amount payable to anemployee to whom Schedule F (Employees Eligible for a Supported Wage) applies will be noless than the minimum amount (currently 87 per week) that the ABC is required by law topay to that employee.Yours faithfully,/L)J?(J,( . Rebekah DonaldsonChief people OfficerAustralian Broadcasting Corporation3
Note - this agreement is to be read together with an undertaking given by theemployer. The undertaking is taken to be a term of the agreement. A copy of itcan be found at the end of the agreement.Note - the model flexibility term is taken to be a term of this agreement and canbe found at the end of the lianBroadcastingCorporation
Part AAgreement Formalities1. TitleThis Agreement will be known as the ABC Enterprise Agreement -2019-2022.2. ArrangementThis Agreement is arranged as follows:Part AAgreement Formalities . 31.Title . 32.Arrangement . 33.Definitions . 74.Coverage and Parties Bound . 75.Date and Period of Operation . 86.Application of Enterprise Agreement . 87.No Extra Claims . 98.Leave Reserved . 9Part BPurpose, Principles and Objectives . 109.Purpose . 1010.Principles . 1011.Objectives . 11Part CFlexibility .: . 1312.Individual Flexibility Arrangements . 13Part DRecruitment . 1513.Advertising and Selection . 15Part EEmployment Arrangements . 1814.Forms of Employment . 1815.Part-Time Employment. . 2616.Trainees and Cadets . 29Part FSalaries, Classifications and Related Matters . 3017.Salaries . 3018.Classifications . 3119.Salary Progression . 3220.Higher Duties Allowance . 3221.Exemption from Certain Provisions of this Agreement . 3222.Supported Wages for employees with disabilities . 35Part GPerformance Management . 3623.Performance Management . 36ABC Enterprise Agreement 2019 2022
4Part HHours of Work, Penalties and Overtime . 4124.General Conditions Relating to Hours, Penalties and Overtime . 4125.Schedule A (Non-Rostered) Employees . 4326.Schedule A (Rostered) Employees . 4627.Schedule B (Rostered) Employees . 53Part IAllowances and Miscellaneous Payments . , . 6028.Meal A llowance . 6029.Private Vehicle Allowance . 6030.Television Clothing Allowance . 6131.First Aid Allowance . 6132.Relocation and Reunion Assistance . 6133.Isolated Locality Assistance . 6234.Reimbursement of Miscellaneous Expenses . 6335.Assistance with Travel to or from Work . ,. 6336.Special Circumstances Work Allowance . 64Part JLeave and Public Holidays . 6537.Annual Leave . 6538.Annual Leave Loading . 6939.Public Holidays (Schedule A Employees) . 6940.Personal/Carer's Leave . 7241.Miscellaneous Paid Leave . 7542.Long Service Leave . 7843.Parental Leave . 7844.Purchased Leave . 8245.Leave Without Pay . 83Part KTravel and Overseas Postings . 8546.Distant Assignments . 8547.General Travel Conditions . 8548.Domestic Travelling Allowance . 8549.Overseas Travelling Allowance . 8650.Travel By Air. 8751.Insurance General . 8852.Overseas Posting Conditions . ,. 88Part LManaging Change . ,. 8953.Consultation . 89Part MRedundancy . 9154.Redundancy . 91Part NMisconduct, Incapacity and Separation . 9955.Misconduct . 99ABC Enterprise Agreement - 2019
56.Medical Incapacity & Rehabilitation . 10157.Termination of Employment . 10358.Resignation or Retirement. . 104Part 0Settlement of Grievances and Disputes . 10659.Personal Grievance Resolution . 10660.Prevention and Resolution of Disputes . 106Schedule ASalary Rates . 112Schedule CAllowances . 114Schedule DMeal Allowance Transition and Compensation Provisions . 116Schedule EDarwin Airfares . 118Schedule FEmployees Eligible for a Supported Wage . 119Index . 121ABC Enterprise Agreement 2019 - 20225
ABC Enterprise Agreement- 2019
3. Definitions3.1.1"ABC" means the Australian Broadcasting Corporation.3.1.2"Act" means the Fair Work Act 2009 (Cth).3.1.3"MEAA" means the Media Entertainment and Arts Alliance.3.1 .4"CPSU" means the Community and Public Sector Union.3.1.5"Delegate" means the person authorised by the ABC as its delegate from timeto time in relation to a particular matter.3.1.6"Identified Position" means a position for which one of the selection criteria ismembership of one of the groups identified in the positive discrimination orspecial measures provisions of federal anti-discrimination law (including but notlimited to the Age Discrimination Act 2004 (Cth), Disability Discrimination Act1992 (Cth), Sex Discrimination Act 1984 (Cth) or Racial Discrimination Act 1975Cth), or the ABC's Diversity and Inclusion Plan.3.1. 7"Long term assignment" means an overseas assignment of more than sixmonths.3.1.8"Minimum rate of pay" means an employee's applicable Salary Rate underSchedule A or Schedule B, unless, in respect of Band 9 only, a greater amountis specified in their contract of employment.3.1.9"NES" means the National Employment Standards under the Act.3.1.10"Prescribed nominal daily hours" for a full-time employee means:a.7 hours 36 minutes for employees working a two-weekly cycle; orb.8 hours for employees working a four-weekly cycle.4. Coverage and Parties Bound4.1.1Subject to clause 4.1.2, this Agreement covers:a.the ABC;b.the Community and Public Sector Union (subject to the CPSU meetingthe requirements to be a party under the Act); anda.the Media Entertainment and Arts Alliance (subject to MEAA meetingthe requirements to be a party under the Act); andb.all employees of the ABC (other than those described in clau e4.1.2 below),in respect of work done by employees of the ABC (other than thosedescribed in clause 4.1.2 below).4.1.2This Agreement does not cover:ABC Enterprise Agreement 2019 - 20227
a.b.employees covered by the relevant ABC Retail Agreement;employees covered by the Actors Stream of the AustralianBroadcasting Corporation Enterprise Award 2016 or relevant ABCActors Agreement; andc.employees classified as Executives and Directors.5. Date and Period of Operation5.1.1This Agreement will commence operation seven days after the date of approvalof the Agreement by the Fair Work Commission (Commencement Date).5.1.2The nominal expiry date of the Agreement is 1 October 2022.5.1.3If requested by the CPSU, MEAA or the ABC, the parties will meet in the threemonths prior to the nominal expiry date of this Agreement to commencenegotiations for an agreement to replace this Agreement.5.1.4Despite clause 5.1.1, while the effective date of any change to salaries orallowances in this Agreement will be the Commencement Date or the datespecified for that particular change, if applicable, the actual date for payment ofany increase in salaries or allowances (including any back pay) will be thepayment date of the first full pay period following the Commencement Date. Forthe avoidance of doubt, this provision is not designed to impact the effectivedate of any change, but rather is designed to provide the ABC with sufficienttime to make the necessary administrative arrangements to implement thosechanges.6. Application of Enterprise Agreement6.1.1This Agreement rescinds and replaces all other collective agreementscoveringthe employees covered by this Agreement, whether registered orcertified or not, including the ABC Enterprise Agreement 2016-2019 and willoperate in the place of and to the exclusion of any other collective industrialinstrument thatmight otherwise apply to the employment of employeesincluding the Australian Broadcasting Corporation Enterprise Award 2016 asamended, replaced or superseded from time to time, or any modern award inplace fromtimeto time,includingtheBroadcasting and RecordedEntertainment and Cinemas Award 2010, as amended, replaced or supersededfrom time to time.6.1.2This Agreement prevails over any inconsistent provision contained in theAustralian Broadcasting Corporation Act 1983 (Cth) and the regulations,instructions, staff rules, service rules, or general orders made under that Act.6.1.3This Agreement is supported by ABC policies, procedures and guidelines asadvised and amended from time to time, and including those referred to in this8ABC Enterprise Agreement 2019 - 2022
Agreement. These policies, procedures and guidelines do not form part of thisAgreement. In the event of inconsistency, the Agreement will prevail.7. No Extra Claims7.1.1The wage increases and other improvements in conditions of employmentprovided for by this Agreement are in full settlement of all existing claims madeby the CPSU, MEAA and the employees or on behalf of the employees.7.1.2It is a term of this Agreement that the ABC, the CPSU, MEAA and the employeeswill not pursue any extra claims for improvement in wages or other terms andconditions of employment for the duration of this Agreement. It is not the intentof this provision to inhibit, limit or restrict the ability of the ABC to manage theorganisation nor to introduce change at the workplace, including in accordancewith Part L of this Agreement.8. Leave Reserved8.1. 1The CPSU, MEAA and the ABC may exercise their rights in respect of WorkLevel Standards as set out in the document Terms of Reference for the Reviewof the Work Level Standards (incorporating Role Templates and Reward forMulti skilling), as amended by the parties in August 2013.ABC Enterprise Agreement 2019 - 20229
Part BPurpose, Principles and Objectives9. Purpose9.1.1The purpose of this Agreement is to provide terms and conditions ofemployment that are responsive to the ABC's needs, the needs and aspirationsof its employees, and environment in which the ABC operates.1 O. Principles10.1.1The ABC recognises the role unions play in the workplace and the right of uniondelegates to represent union members in the workplace. The unions and sandoperationalrequirements and in exercising their rights agree to consider the likely effect onthese factors.10.1.2The ABC recognises the value of work performed by all employees through theapplication of the ABC's classification system.10.1.3The terms and conditions of this Agreement help give effect to the commitmentof the parties covered by this Agreement by:a.supporting a mobile, multi-skilled workforce through broad banded(including cross-media) classification structures that precludeunnecessary demarcations;b.enabling jobs to be designed at the local level to encourage anappropriate blend of multi-skilled and specialist employees, and toprovide for the smooth introduction of new technology; andc.10.1.4supporting the adoption of the ABC Values, as amended from time to time.In particular, the parties are committed to:a.encouragement of a whole of life balance between work and privateresponsibilities;b.promoting reasonable workloads for employees. The ABC is committed tothe safety and well-being of employees. Managers and employees willwork together when employees raise concerns about their workloads andassociated issues;c.promoting an open working environment based on direct feedbackbetween managers and employees; andd.promoting job security, employability and career development. ThisAgreement provides opportunities for employees to work in differ
Australian Broadcasting Corporation Act 1983 (Cth) and the regulations, instructions, staff rules, service rules, or general orders made under that Act. 6.1.3 This Agreement is supported by ABC .
of the australian Government or the australian Broadcasting Corporation. the findings are presented in three sections: 1. Country Context . the p tuvalu telecommunication Corporation, however .
4 Industry Attitudes towards Multicultural Broadcasting 43 4.1 What is Multicultural Broadcasting? 43 4.2 Multicultural Broadcasting Now 51 4.3 The Issue of Programme Genre 61 4.4 Multiculturalism:Guidelines and Policies 68 4.5 Employment and Multiculturalism 74 4.6 The Future of Multicultural Broadcasting: Industry Views 86
BROADCASTING CORPORATION THIS DEED is made the 7 November 2016 BETWEEN: HER MAJESTY’S SECRETARY OF STATE FOR CULTURE, MEDIA AND SPORT (“the Secretary of State”) and THE BRITISH BROADCASTING CORPORATION whose chief office is at Broadcasting House, Portland Place, London W1A 1AA (“the BBC”). BACKGROUND (1) The BBC was first incorporated, for a limited period of time, by a Royal Charter .
Australian Patent No. 692929 Australian Patent No. 708311 Australian Patent No. 709987 Australian Patent No. 710420 Australian Patent No. 711699 Australian Patent No. 712238 Australian Patent No. 728154 Australian Patent No. 731197 PATENTED NO. EP0752134 PATENTED NO.
4 Abbreviations and acronyms ACM asbestos containing material ACTU Australian Council of Trade Unions AISC Australian Industry and Skills Commission AMR Australian Mesothelioma Registry ANTA Australian National Training Authority AQF Australian Qualifications Framework ASEA Asbestos Safety and Eradication Agency ASQA Australian Skills Quality Authority .
broadcasting to minority language development what role does Scottish Government see for Gaelic in public service broadcasting? The Chairman welcomed Margaret Mary Murray, BBC ALBA, and Donald Campbell, MG ALBA, to address the conference. 5 R eport from Gaelic Broadcasting Conference, Edinburgh, 15 March 2016 Donald Campbell MG ALBA and BBC ALBA were delighted to hear people’s views. MG ALBA .
1) Technical aspects on the introduction of digital terrestrial and multimedia broadcasting. 2) Information on standardized broadcasting systems in digital terrestrial and multimedia broadcasting networks, and some guidance on their implementation. 3) References to normative documents (standards, technical specifications, reports, recommendations
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