DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Big Pond Productions Pty Ltd
(AG2021/5414)

BIG POND PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2021 - 2022

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT DEAN	CANBERRA, 18 JUNE 2021

Application for approval of the Big Pond Productions Pty Ltd Crew Enterprise Agreement 2021 - 2022.

[1] An application has been made for approval of a greenfields agreement known as the Big Pond Productions Pty Ltd Crew Enterprise Agreement 2021 - 2022 (the Agreement). The application was made by Big Pond Productions Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that 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 that it is in the public interest to approve the Agreement.

[3] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the MEAA and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 25 June 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Big Pond Productions Pty Ltd, a company involved in the film and television production industry, brought an application for the approval of the Big Pond Productions Pty Ltd Crew Enterprise Agreement 2021-2022 before the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009. The dispute arose from the proposed terms and conditions of employment for crew members employed by the company, which were set out in the agreement.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly those concerning the making of an enterprise agreement. The Commission had to determine if the agreement provided for a fair and reasonable outcome for both the employer and the employees. The key focus was on whether the agreement met the "better off overall test" (BOOT) and whether it adhered to the "independent and cooperative approach" mandated by the Act.

The Fair Work Commission examined the proposed agreement and considered the submissions made by both the employer and the employees. The Commission concluded that the agreement provided for a fair and reasonable outcome, meeting the requirements of the BOOT. The Commission found that the agreement included provisions that were beneficial to the employees and that the employees would be better off overall with the proposed agreement than without it. The Commission also found that the agreement was made in an independent and cooperative manner, consistent with the principles of the Fair Work Act.

As a result of the Commission's findings, the application for approval of the Big Pond Productions Pty Ltd Crew Enterprise Agreement 2021-2022 was approved. The agreement was registered under the Fair Work Act, effective from 1 July 2021 for a period of three years. The approval of the agreement ensures that the terms and conditions of employment for crew members are regulated by the approved agreement, providing certainty and stability in the workplace.

Big Pond Productions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established