Australian Film Television Radio School Summary

[2024] FWCA 1449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Film Television Radio School

(AG2024/1032)

AUSTRALIAN FILM TELEVISION RADIO SCHOOL ENTERPRISE AGREEMENT 2024-2027

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 19 APRIL 2024

Application for approval of the Australian Film Television Radio School Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Australian Film Television Radio School Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Film Television Radio School (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

CPSU, the Community and Public Sector Union and the National Tertiary Education Union, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2022. The nominal expiry date of the Agreement is 12 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Film Television Radio School (AFTRS) sought approval of an Enterprise Agreement with its employees. The proposed agreement aimed to govern the terms and conditions of employment for staff within the organisation over a three-year period. The matter was heard by the Commission, tasked with ensuring that the agreement met the necessary requirements under the Fair Work Act 2009. The legal issues before the Commission centred on whether the proposed agreement provided for a fair and reasonable terms of employment, including whether it adhered to the "better off overall test" and whether it contained all the required minimum terms and conditions as stipulated by the Act. The Commission carefully examined the agreement's provisions to determine its compliance with these statutory obligations.

Upon reviewing the details of the proposed agreement, the Commission found that it contained all the mandatory minimum terms and conditions as required by the Fair Work Act 2009. It further assessed that the agreement met the "better off overall test," meaning that the overall benefits to employees outweighed any detriments. The Commission was satisfied that the agreement provided for fair and reasonable terms of employment, taking into consideration the specific needs and circumstances of the AFTRS workforce. After thorough deliberation, the Commission approved the Enterprise Agreement, deeming it to be compliant with the legislative requirements.

In light of the Commission's approval, the AFTRS Enterprise Agreement 2024-2027 is now in effect, governing the employment terms and conditions for staff within the organisation. The agreement ensures that employees are provided with fair and reasonable terms of employment, in line with the requirements of the Fair Work Act 2009. The final orders of the Commission include the approval of the agreement and its subsequent implementation within the AFTRS.

Australian Film Television Radio School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established