Australian Centre for the Moving Image (ACMI) T/A ACMI Summary

[2021] FWCA 6379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Centre for the Moving Image (ACMI) T/A ACMI
(AG2021/7829)

AUSTRALIAN CENTRE FOR THE MOVING IMAGE (ACMI) ENTERPRISE AGREEMENT 2020 - 2024

Broadcasting and recorded entertainment industry
COMMISSIONER YILMAZ	MELBOURNE, 21 OCTOBER 2021

Application for approval of the Australian Centre for the Moving Image (ACMI) Enterprise Agreement 2020 - 2024

[1] An application has been made for approval of an enterprise agreement known as the Australian Centre for the Moving Image (ACMI) Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Centre for the Moving Image (ACMI) T/A ACMI. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Community and Public Sector Union and the Media, Entertainment and Arts Alliance, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and in accordance with s.54, will operate from 28 October 2021. The nominal expiry date of the Agreement is 20 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Australian Centre for the Moving Image (ACMI) Enterprise Agreement 2020 - 2024 was heard by the Fair Work Commission (FWC). The applicant, ACMI, sought to have the enterprise agreement approved under the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions of employment for ACMI's staff, as outlined in the proposed agreement.

The primary legal issues the FWC was required to address were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act and whether it was appropriate for the FWC to approve the agreement in the interests of promoting conciliation, arbitration, and the settlement of industrial disputes. Specifically, the FWC needed to determine if the agreement complied with the provisions of section 230 of the Act, which sets out the criteria for FWC approval of enterprise agreements.

The FWC examined the proposed agreement, considering the fairness of the terms and conditions, the process through which the agreement was negotiated, and whether the agreement met the requirements for good faith bargaining. The FWC found that the agreement was fair and reasonable, noting that it provided for appropriate minimum terms and conditions, and that the negotiation process was conducted in good faith. The FWC was satisfied that the agreement met the criteria for approval under section 230 of the Act. The FWC approved the ACMI Enterprise Agreement 2020 - 2024, recognising its potential to foster harmonious workplace relations and its alignment with the broader objectives of the Fair Work Act.

In approving the agreement, the FWC noted its role in ensuring that enterprise agreements contribute to the fair and efficient operation of the workplace, and that they promote the interests of both employees and employers. The decision underscores the importance of balanced and fair agreements that support the effective functioning of the workplace while recognising the rights and needs of all parties involved.

Australian Centre for the Moving Image (ACMI) T/A ACMI

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established