the Applicant v Network Ten Pty Limited
Citation: [2023] FCA 1091
At a glance
- Employees affected
- 1
What happened
the Applicant was employed by Network Ten as an Executive Producer – Entertainment earning $262,247.40 annually. She was dismissed by reason of redundancy on 29 May 2020 after a long career. She was paid $255,000 in termination entitlements including 12 weeks severance pay. She claimed entitlement to 78 weeks severance pay under the Network 10 Enterprise Agreement 2019, arguing the agreement applied to her.
What was decided
The court dismissed the application. The Enterprise Agreement covered employees 'covered by classifications set out in Schedule B' of the Broadcasting, Recorded Entertainment and Cinemas Award 2010. The court found the Applicant was not covered by any classification listed in the schedules to the Award. The enterprise agreement did not apply to her employment, so she was not entitled to the severance amounts she claimed.
What it means for employers
Enterprise agreement coverage turns on whether employees fall within specified award classifications. Executives whose work does not align with award classifications may not be entitled to agreement benefits even if they perform some work contemplated by the award.
What it means for employees
Entitlement to superior severance pay under an enterprise agreement depends on whether your role falls within the award classifications specified in the agreement's coverage clause. Job title or seniority does not guarantee coverage.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1091Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →