A producer on Play School, one of the ABC’s longest running programs, has sued the public broadcaster in the Federal Court, alleging it breached the Fair Work Act through multiple fixed-term contracts.

The case, brought by the Media, Entertainment & Arts Alliance (MEAA), was filed in the Federal Court on behalf of Tom Scott on Tuesday. Scott is a digital producer on the children’s show, which has broadcast on ABC TV since 1966.

The case centres on the ABC’s use of fixed-term contracts, which both the union and other staff at the broadcaster allege are overused and abused, leading to widespread job insecurity. It will serve as a test case for a wider campaign by union staff to overhaul the ABC’s use of fixed and short-term contracts.

In a statement, the union said the national broadcaster had systematically forced employees into a series of fixed-term contracts, thereby breaching the Fair Work Act.

The case precedes upcoming bargaining negotiations between the ABC and union members on staff this year, with the use of fixed-term contracts said to be high on the agenda.

Scott has been employed by the ABC on three successive fixed term “Run of Show” contracts to work as a digital producer on Play School, with each substantially consistent with the other contracts, according to documents filed with the Federal Court.

The Fair Work Act was overhauled at the end of 2023, banning more than two successive fixed-term contracts for similar positions, or a single fixed-term contract of more than two years. When overhauling employment laws, the government sought to bring an end to fixed-term contracts being used over and over again, which it said leads to job insecurity with employees effectively stuck on probation.

The MEAA said the court action followed failed attempts to resolve the issue between the union and ABC management. The union is seeking financial penalties, and a removal of the fixed term aspect of Scott’s contract.

Several other ABC staffers have described the use of fixed-term contracts as a widespread issue within the ABC, leading to job insecurity and an unwillingness to speak up about internal issues like racism and bullying.

The rise in short-term or fixed contracts had been used by management to push the budgetary risk of funding cuts onto staff, a spokesperson from the ABC’s union house committee said in a statement provided to this masthead.

“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,” the statement says.

The MEAA said Scott was employed under three successive year-long, fixed-term contracts, classified as “Specific Task, Run of Show”. They will argue that the third contract is a contravention of the new limitations of the Fair Work Act.

One senior ABC newsroom staff member in Sydney who was on several fixed-term contracts before the law change said employees are often “strung along” and told there is no room to make their employment permanent.

“It’s really impactful on people’s mental health,” they said, not wanting to be identified over concerns of their future employment, while another unnamed employee said it impacts morale, particularly for those supporting a family.

An independent review which found racism is systemic at the ABC last year found non-permanent contracts are particularly prevalent among First Nations and culturally diverse staff, with fear over losing permanent work often serving as a barrier to reporting instances of racism.

“When I was casual, there was no way I would raise an issue of racism. Shifts would be cut, and it has happened before. Being full-time, I am less fearful of calling something out,” one unnamed respondent said in the report, led by Dr Terri Janke.

“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,” the union house committee added on Wednesday.

The review team recommended that there be greater insight on casual work arrangements, or contracts that do not get renewed, particularly for First Nations or culturally diverse staff.

The rise of unstable and insecure work for media industry and creative workers represented a decision by employers and producers to shift the risk onto the backs of employees, MEAA chief executive Erin Madeley 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.”

The ABC did not comment in response to this masthead’s questions about the case.

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