Better Man Productions Pty Ltd Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Better Man Productions Pty Ltd (ABN 66 647 448 922) seeking approval of the Crew Enterprise Agreement 2022. The applicant sought to have the agreement made applicable to its employees who are part of the crew of television and film productions. The application was contested by the Australian Council of Trade Unions, who represented the interests of employees affected by the proposed agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was a "better off overall and in the round" (BOOIAR) agreement, as required by section 232 of the Act. This involved assessing the agreement against a number of criteria, including whether it provided for a fair and reasonable rate of pay and conditions of employment, and whether it provided for a fair and reasonable process for resolving disputes.

In making its decision, the Commission considered the evidence presented by both parties, including the terms of the proposed agreement, the nature of the industry and the workforce, and the views of relevant stakeholders. The Commission found that the proposed agreement met the BOOIAR test, and was therefore approved as a registered agreement under the Fair Work Act. The Commission noted that the agreement provided for a range of benefits for employees, including increased pay rates and improved working conditions, and that it provided for a fair and reasonable process for resolving disputes.

The Commission's decision was based on a detailed analysis of the evidence before it, and took into account the specific circumstances of the industry and workforce. The Commission found that the proposed agreement was a fair and reasonable agreement that provided for the best possible outcomes for both employers and employees, and that it met the requirements of the Fair Work Act. The Commission therefore approved the agreement as a registered agreement, and made orders to that effect.

Better Man Productions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established