s 160 - Variation of modern award to remove ambiguity or uncertainty or correct error

BROADCASTING, RECORDED ENTERTAINMENT AND CINEMAS AWARD 2020

[MA000091]

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 - Clause ambiguous and uncertain - modern award varied.

• [1] This is an application made by Mr Joshua Anderson made pursuant to s 160 of the Fair Work Act 2009 (the Act) to vary the Broadcasting, Recorded Entertainment and Cinemas Award 2020 (the Award) to remove an ambiguity or uncertainty (the Application). The Application seeks to vary clause 60 to clarify employee entitlements for meal breaks and/or penalties for work of 5 hours or more.

• [2] On 22 September 2025, following a conference and receipt of submissions, I issued a decision finding that the Commission's power to vary the award pursuant to s 160 was enlivened.[1] I also published a draft determination setting out the variation proposed.

• [3] Interested parties were asked to provide any submissions on the draft determination. One submission was received from the Applicant, Mr Anderson.

• [4] I have considered that submission and remain of the view that the proposed variation appropriately resolves the identified ambiguity.

• [5] Pursuant to ss 160 and 616(3D)(a) of the Act I order that the Broadcasting, Recorded Entertainment and Cinemas Award 2020 be varied in the terms previously issued, such variation to take effect 7 days from the date of this decision.

• [6] A determination to that effect will be issued separately.

[1] [2025] FWC 2824.

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