Artcraft Pty Ltd

[2025] FWCA 3108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Artcraft Pty Ltd

(AG2025/3000)

ARTCRAFT PRODUCTION (VIC) ENTERPRISE AGREEMENT 2025

Graphic Arts
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 15 SEPTEMBER 2025

Application for approval of the Artcraft Production (Vic) Enterprise Agreement 2025

Introduction

Artcraft Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Artcraft Production (Vic) Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

National Employment Standards (NES) Issues

I note that clause 32.6(a) (Public Holidays) may be inconsistent with the National Employment Standards (NES). However, clause 5.2 (Relationship to the National Employment Standard) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.

Section 186, 187, 188

I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Artcraft Pty Ltd, sought approval for the Artcraft Production (Vic) Enterprise Agreement 2025. This was to be approved under section 180 of the Fair Work Act 2009. The agreement was made between the applicant and a number of its employees, who are members of the Media, Entertainment and Arts Alliance (MEAA). The applicant argued that the agreement was appropriate for approval as it contained minimum workplace standards and allowed for a fair balance between the interests of the employees and the business.

The court was tasked with determining whether the agreement was in the public interest and whether it contained minimum standards of pay and conditions. The MEAA contested the application on the basis that the agreement did not meet the requirements of section 180 of the Fair Work Act. They argued that the agreement did not provide adequate protections for employees and that the bargaining process was not genuinely conducted.

The court considered the arguments of both parties and examined the terms of the agreement. The court found that the agreement contained minimum standards of pay and conditions and that it was in the public interest. The court also found that the bargaining process was genuinely conducted. The court approved the application and granted the Artcraft Production (Vic) Enterprise Agreement 2025.

The court made an order approving the Artcraft Production (Vic) Enterprise Agreement 2025. The order was made under section 180 of the Fair Work Act. The agreement is now approved and can be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established