Michael v Network Ten Pty Limited [2023] FCA 1091
Clause B.1.14 of Schedule B to the Award does not create a standalone 'Producer' classification, but covers assistants to producers and directors. Ms Michael, as an executive producer, was engaged at an executive level and not as an assistant, thus was not covered by Schedule B and not entitled to severance under the Enterprise Agreement.
- Jurisdiction
- Australia
- Judgment Date
- 15 September 2023
- Procedural Posture
- Originating Application / Final Judgment
- Outcome
- Application dismissed
- Legal Topics
- ['enterprise Agreement Coverage' 'industrial Awards' 'redundancy' 'severance Pay' 'statutory Construction' 'workplace Classification']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Originating Application / Final Judgment
Legal Issues
- 1 ["Whether the Enterprise Agreement applied to Ms Michael's employment" "Whether Ms Michael's employment was covered by a classification in Schedule B to the Award" 'Proper construction of clause B.1.14 of Schedule B to the Award' "Application of 'major and substantial' test to the classification of Ms Michael's role"]
Ratio Decidendi
Clause B.1.14 of Schedule B to the Award does not create a standalone 'Producer' classification, but covers assistants to producers and directors. Ms Michael, as an executive producer, was engaged at an executive level and not as an assistant, thus was not covered by Schedule B and not entitled to severance under the Enterprise Agreement.
Court Disposition
Application dismissed
Orders
- ['The application be dismissed.' 'No order as to costs.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment