Bear Country Productions Pty Ltd
[2024] FWCA 4634
•20 DECEMBER 2024
| [2024] FWCA 4634 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bear Country Productions Pty Ltd
(AG2024/4822)
BEAR COUNTRY PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2024
| Broadcasting and recorded entertainment industry | |
| COMMISSIONER P RYAN | SYDNEY, 20 DECEMBER 2024 |
Application for approval of the Bear Country Productions Pty Ltd Crew Enterprise Agreement 2024
An application has been made for approval of a greenfields agreement known as the Bear Country Productions Pty Ltd Crew Enterprise Agreement 2024 (Agreement). The application was made by Bear Country Productions Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (FW Act).
On the materials before the Commission, I am satisfied that:
(a) This is a greenfields agreement that meets the requirements of s.172(2)(b) of the FW Act;
(b) In accordance with s.187(5)(a) of the FW Act, the Media, Entertainment and Arts Alliance (MEAA) 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; and
(c) That it is in the public interest to approve the Agreement.
Sections 186, 187 and 188
I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Applicant’s responses to issues raised.
National Employment Standards
I observe that clause 16.5 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 53 Coverage
Pursuant to s.53(2)(b) of the FW Act I note the Agreement was made with the MEAA and that the Agreement covers the MEAA.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 27 December 2024. The nominal expiry date of the Agreement is 31 December 2025.
COMMISSIONER
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