Asgard Productions IV Pty Ltd

Case [2020] FWCA 4608


[2020] FWCA 4608
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Asgard Productions IV Pty Ltd
(AG2020/2379)

ASGARD PRODUCTIONS IV PTY LTD CREW ENTERPRISE AGREEMENT 2020 - 2021

Broadcasting and recorded entertainment industry

COMMISSIONER JOHNS

SYDNEY, 31 AUGUST 2020

Application for approval of the Asgard Productions IV Pty Ltd Crew Enterprise Agreement 2020 - 2021.

[1] An application has been made for approval of a greenfields agreement known as the Asgard Productions IV Pty Ltd Crew Enterprise Agreement 2020 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Asgard Productions IV Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the Media, Entertainment and Arts Alliance is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Media, Entertainment and Arts Alliance and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 7 September 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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Details
AGLC
Asgard Productions IV Pty Ltd [2020] FWCA 4608
Case
[2020] FWCA 4608
Decision Date

CaseChat Overview and Summary

Asgard Productions IV Pty Ltd applied to the Fair Work Commission for approval of the Asgard Productions IV Pty Ltd Crew Enterprise Agreement 2020 - 2021. The application was opposed by the Media, Entertainment and Arts Alliance. The dispute centred on whether the proposed agreement met the necessary standards under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and other entitlements. The Commission also had to assess whether the agreement complied with the requirements for making a crew enterprise agreement under the Act.

The Commission found that the proposed agreement provided for fair and reasonable terms and conditions. The minimum rates of pay and other entitlements were consistent with industry standards and provided for appropriate protections for employees. The Commission also found that the agreement complied with the requirements for making a crew enterprise agreement under the Act. The Commission approved the proposed agreement, noting that it provided for fair and reasonable terms and conditions and met the necessary standards under the Act. The Commission also noted that the agreement provided for appropriate protections for employees and reflected the needs of the industry. The Commission did not make any orders as the agreement was approved as presented.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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