DECISION

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

Broadcasting and Recorded Entertainment Award 2010
(AM2018/17)

Broadcasting and Recorded Entertainment Award 2010 - substantive issues.

[1] On 20 November 2019 we issued a decision 1 in which we dealt with an issue concerning whether the “8% penalty averaging component” provided for in clause 14.12 of the Broadcasting and Recorded Entertainment Award 2010 (BREC Award) in respect of cinema employees formed part of the minimum award rate for such employees and as such constituted an all-purpose payment. We concluded that it did, and determined that the BREC Award should be varied to make it clear that this was the case. A draft variation determination was published in conjunction with our decision, and interested parties were provided a period of 14 days to file written submissions in response to the proposed variation.

[2] The Media, Entertainment and Arts Alliance and Live Performance Australia were the only parties to file submissions. Both of these parties supported the proposed variation, and submitted that its operative date should be 1 January 2020. The major cinema employers (Birch Carroll & Coyle Limited, Hoyts Corporation Limited, The Greater Union Organisation Pty Ltd and Village Cinemas Australia), which adduced evidence and made submissions in the earlier stage of the proceedings, did not file any submissions in response to the draft determination.

[3] In the circumstances, we will proceed to vary the BREC Award in the terms set out in the draft determination. The operative date will be 1 May 2020. The final variation determination [PR717665] will be published in conjunction with this decision.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2019] FWCFB 7608.