Application by Joshua Anderson
Deputy President Slevin
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: Joshua Anderson
Ratio
The application proceeds to a call for submissions from interested parties on the proposed variation to clause 60 of the Broadcasting, Recorded Entertainment and Cinemas Award 2020, which would clarify meal break entitlements and introduce a penalty rate for non-compliance in cases of rostered work exceeding 5 hours.
Outcome
Resolved
other
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.8
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 5
- Application to vary Broadcasting, Recorded Entertainment and Cinemas Award 2020 under s160 FW Act
- Issue concerns ambiguity or uncertainty in clause 60 (Meal Breaks) regarding entitlements for cinema workers working 5 hours or more
- Cinema Association of Australasia submitted position paper accepting the clause is ambiguous and uncertain
- Applicant accepted proposed variation during 8 July 2025 conference
- Proposed variation clarifies meal break entitlements at 30 minutes unpaid (or up to 60 minutes by agreement) for rostered work exceeding 5 hours, with 200% penalty for work beyond 5 hours without meal break
Factors
For
- Ambiguity and uncertainty exist in clause 60 of the award (accepted by all parties)
- Proposed variation clarifies the entitlement for meal breaks in rostered work of 5+ hours
- Proposed variation provides for penalty rate (200% of minimum hourly rate) where meal break not provided
- Cinema Association accepted the proposed variation meets concerns
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s160
Concept tags · 3
Subsequent treatment · 1
Cited / considered· 1
Cited
Archived text (369 words)
1 Fair Work Act 2009 s.160 - Application to vary a modern award to remove ambiguity or uncertainty or correct error Application by Joshua Anderson (AM2025/3) BROADCASTING, RECORDED ENTERTAINMENT AND CINEMAS AWARD 2020 [MA000091] DEPUTY PRESIDENT SLEVIN SYDNEY, 29 JULY 2025 Application to vary a modern award to remove ambiguity or uncertainty or correct error - Broadcasting, Recorded Entertainment and Cinemas Award 2020 – Clause 60 Meal Breaks - call for submissions [1] Mr Joshua Anderson has applied under s. 160 of the Fair Work Act 2009 for a determination varying the Broadcasting, Recorded Entertainment and Cinemas Award 2020 to remove an ambiguity or uncertainty. The application seeks to vary clause 60 to clarify cinema workers’ entitlement for meal breaks and/or penalties for work of 5 hours or more. [2] Directions were issued on 4 June 2025 for interested parties to file a position paper in relation to the application by 25 June 2025. A conference was listed for 8 July 2025. The only position paper received was from the Cinema Association of Australasia. The Association accepts that the clause is ambiguous and uncertain and proposes a variation in the following terms: 60. Meal breaks 60.1 The employer must allow an unpaid meal break of 30 minutes (or, if the employee and the employer agree, up to 60 minutes) when employees are working a rostered period of work that is in excess of 5 hours unless that rostered work period would end within that meal break. 60.2 Employees required to work beyond 5 hours without being provided with a meal break in accordance with clause 60.1 will be paid at 200% of the minimum hourly rate for the period of the meal break.” [3] During the conference Mr Anderson accepted that the proposed variation meets his concerns. [2025] FWC 2204 STATEMENT AND DIRECTIONS [2025] FWC 2204 2 [4] All documents relating to the matter are available on the Commission’s webpage here: Broadcasting, Recorded Entertainment and Cinema Award variation (AM2025/3) | Fair Work Commission. [5] Interested parties are directed to provide submissions on the proposed variation. Submissions should be emailed to awards@fwc.gov.au by 12.00 pm on 20 August 2025. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR790121>