The Media, Entertainment & Arts Alliance has initiated Federal Court proceedings against the ABC, accusing management of forcing staff into successive fixed-term contracts in breach of the Fair Work Act.
The case, which MEAA is pursuing on behalf of a member employed on a long-running television program, is seeking to confirm that the making of a third contract resulted in a contravention of the Fair Work Act and obtain orders to remove the fixed termination date from that contract.
MEAA is also seeking pecuniary penalties.
The court action is the result of failed attempts to resolve the issue between the union, on behalf of the member, and ABC management.
"The unfair use of short-term contracts has been growing at the ABC, seemingly as a means for management to push the budgetary risk of funding cuts onto the staff," said a spokesperson from the ABC MEAA House Committee.
"ABC staff employed under insecure arrangements cannot be expected to perform their roles without fear or favour, build sustainable careers, or stand up for their rights in the workplace without concerns over potential reprisal.
"Women and staff from diverse backgrounds are particularly impacted by the risks of insecure jobs, which we fear worsens issues like pay gaps, and bullying issues in our workplace.
"Staff who have worked hard for the ABC over multiple years or projects have a right to secure ongoing employment that affords them the security to do their jobs well for the public they serve."
According to MEAA, the member had been employed under three successive annual fixed-term contracts, which under the operative Enterprise Agreement, are classified as 'Specified Task, Run of Show' contracts.
MEAA, however, will claim that, against the background of previous 2023 and 2024 contracts, the current 2025 contract offends new limitations imposed by s 333E(1) of the Fair Work Act.
MEAA Chief Executive Erin Madeley said unstable and insecure work in the media and creative industries represented a choice by producers and employers to shift risk onto the backs of workers.
"MEAA members are pushing back and using laws passed by the Labor Government to fix this," she said.
"Of all employers, the ABC as the nation's publicly funded broadcaster should recognise the need to respect workers and model appropriate employment standards.
"Unfortunately, the abuse of fixed-term contracting is an issue across creative industries and the economy more broadly.
"Australia needs a thriving cultural sector in which workers can have sustainable jobs.
"We are drawing a line and standing up for secure jobs across our industries."
