Better Man Productions Pty Ltd
[2022] FWCA 1046
•24 MARCH 2022
| [2022] FWCA 1046 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Better Man Productions Pty Ltd
(AG2022/662)
Better Man Productions Pty Ltd (ABN 66 647 448 922) Crew Enterprise Agreement 2022
| Broadcasting and recorded entertainment industry | |
| DEPUTY PRESIDENT MANSINI | MELBOURNE, 24 MARCH 2022 |
Application for approval of the Better Man Productions Pty Ltd (ABN 66 647 448 922) Crew Enterprise Agreement 2022.
Better Man Productions Pty Ltd has applied for approval of a single enterprise agreement known as the Better Man Productions Pty Ltd (ABN 66 647 448 922) Crew Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.
The relevant employees were notified of the time and place of the vote on the day that was six (and not seven) clear days before the commencement of the vote, contrary to the requirement at s.180(3). Of 113 employees covered by the Agreement, 63 cast a vote and 59 voted to approve the Agreement. In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others[1], I am satisfied that:
a)this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b)the employees to be covered by the Agreement were not likely to have been disadvantaged by this error.
Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.
Noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.
On the basis of the material contained in the application and related materials, 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.
The Media, Entertainment and Arts Alliance, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.
The Agreement was approved on 24 March 2022 and, in accordance with s.54, will operate from 31 March 2022. The nominal expiry date of the Agreement is 31 December 2022.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318.
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