Federal Court of Australia
Federal Court of Australia
Michael v Network Ten Pty Limited [2023] FCA 1091 File number: NSD 970 of 2020
Judgment of: SNADEN J
Date of judgment: 15 September 2023
Catchwords: INDUSTRIAL LAW – alleged breach of statutory obligations – application of enterprise agreement – where employee worked as an "executive producer" at a television network – whether employment was covered by enterprise agreement – where coverage of enterprise agreement was expressed by reference to an award – proper construction of award – whether tasks performed were of a kind to which award classification applied – application of "major and substantial" test HELD – application dismissed
Legislation: Fair Work Act 2009 (Cth) pts 2-3, 2-4, 3-1, 4-1, ss 50, 51, 52, 53, 143, 340, 539, 570 Broadcasting, Recorded Entertainment and Cinemas Award 2010 Network 10 Enterprise Agreement 2019
Cases cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 BioGiene Pty Ltd v Mullan [2022] FCAFC 73 Choppair Helicopters Pty Ltd v Bobridge [2018] FCA 325 City of Wanneroo v Australian Municipal Administrative, Clerical and Services Union (2006) 153 IR 426 Construction, Forestry, Mining and Energy Union v Anglo Coal (Callide Management) Pty Ltd [2015] FCA 696 Fair Work Ombudsman v Complete Windscreens (SA) Pty Ltd [2016] FCA 621 James Cook University v Ridd (2020) 278 FCR 566 Kucks v CSR Ltd (1996) 66 IR 182 Shop, Distributive and Allied Employees' Association v Woolworths SA Pty Ltd [2011] FCAFC 67 Ware v O'Donnell Griffin (Television Services) Pty Ltd [1971] AR(NSW) 18
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