DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Centre for the Moving Image
(AG2016/7614)

AUSTRALIAN CENTRE FOR THE MOVING IMAGE ENTERPRISE AGREEMENT 2016 - 2019

Broadcasting and recorded entertainment industry
COMMISSIONER ROE	MELBOURNE, 1 FEBRUARY 2017

Application for approval of the Australian Centre for the Moving Image Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Centre for the Moving Image Enterprise Agreement 2016 - 2019 (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. 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, 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 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 it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 1 February 2017 and, in accordance with s.54, will operate from 8 February 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Centre for the Moving Image sought approval of an Enterprise Agreement from 2016 to 2019. The matter was heard by the Fair Work Commission, the tribunal established under the Fair Work Act 2009 to resolve workplace disputes and to promote fair and harmonious workplace relations. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act, particularly concerning its compliance with the good faith bargaining provisions and its fairness to the employees.

The key legal issues for the Commission to decide were whether the proposed agreement was genuinely negotiated and whether it was fair and reasonable. The Commission had to determine if the parties had engaged in good faith bargaining, and if the agreement was fair and reasonable in terms of its content and the manner in which it was negotiated. This included assessing whether the agreement provided for appropriate terms and conditions of employment, and whether it met the public interest test, including its potential impact on the public's access to the Centre's services.

The Fair Work Commission found that the agreement had been negotiated in good faith and that it was fair and reasonable. The Commission considered the evidence of the negotiations process, the content of the agreement, and its potential impact on the employees and the public. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the enterprise agreement. The Commission noted that the agreement provided for appropriate terms and conditions of employment and that it would not have an adverse effect on the public's access to the Centre's services.

The Fair Work Commission approved the Australian Centre for the Moving Image Enterprise Agreement 2016-2019, finding it to be fairly and reasonably negotiated and compliant with the legal requirements of the Fair Work Act. The approval of the agreement ensures that the employees of the Centre have a legally binding agreement that governs their terms and conditions of employment, while also ensuring that the public's access to the Centre's services is not adversely affected.

Australian Centre for the Moving Image

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established