DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asgard Productions III Pty Ltd T/A Asgard Productions III Pty Ltd
(AG2016/2902)

ASGARD PRODUCTIONS III CREW ENTERPRISE AGREEMENT 2016-2017

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 JUNE 2016

Application for approval of the Asgard Productions III Crew Enterprise Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Asgard Productions III Crew Enterprise Agreement 2016-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asgard Productions III Pty Ltd T/A Asgard Productions III Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Media, Entertainment and Arts Alliance being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 June 2016 and, in accordance with s.54, will operate from 16 June 2016. The nominal expiry date of the Agreement is 30 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Asgard Productions III Pty Ltd trading as Asgard Productions III Pty Ltd, sought approval of the Asgard Productions III Crew Enterprise Agreement 2016-2017 from the Fair Work Commission. The agreement aimed to establish terms and conditions for the employees within the crew department of Asgard Productions III. The applicant argued that the proposed agreement met the requirements of the Fair Work Act 2009, including the principles of safety, fairness, and good faith. The respondent, Media, Entertainment and Arts Alliance, opposed the application, arguing that the agreement did not adequately protect the interests of the employees and failed to meet the standards required by the Fair Work Act.

The legal issues before the court were whether the agreement complied with the legislative framework and met the criteria for approval under the Fair Work Act. The court had to consider whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it met the safety net standards. The court also had to assess whether the agreement provided adequate protections for employees, including minimum wages, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission determined that the Asgard Productions III Crew Enterprise Agreement 2016-2017 met the necessary criteria for approval. The court found that the agreement was a genuine enterprise agreement, made in good faith, and provided adequate protections for employees. The agreement included provisions for minimum wages, leave entitlements, and dispute resolution mechanisms, which met the safety net standards. The court also noted that the agreement was negotiated between the applicant and the respondent, reflecting the interests of both parties. The court concluded that the agreement was fair and balanced, and therefore approved the application for the agreement to be registered.

The Fair Work Commission approved the Asgard Productions III Crew Enterprise Agreement 2016-2017, and the agreement was registered. The decision confirmed that the agreement met the necessary criteria for approval under the Fair Work Act, and provided adequate protections for employees within the crew department of Asgard Productions III. The court's decision provided clarity on the requirements for enterprise agreements and the standards that must be met for approval.

Asgard Productions III Pty Ltd T/A Asgard Productions III Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established