Brooklyn Productions Pty Ltd

[2025] FWCA 752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Brooklyn Productions Pty Ltd

(AG2025/246)

BROOKLYN PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2025

Broadcasting and recorded entertainment industry
COMMISSIONER YILMAZ	MELBOURNE, 26 FEBRUARY 2025

Application for approval of the Brooklyn Productions Pty Ltd Crew Enterprise Agreement 2025

An application has been made for approval of a greenfields agreement known as the Brooklyn Productions Pty Ltd Crew Enterprise Agreement 2025 (the Agreement). The application was made by Brooklyn Productions Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

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 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. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the Media, Entertainment and Arts Alliance and that the Agreement covers this organisation.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54, will operate from 5 March 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brooklyn Productions Pty Ltd sought approval of the Crew Enterprise Agreement 2025 from the Fair Work Commission. The application came before Deputy President S.J. Katzmann, who had to decide if the agreement complied with the Fair Work Act 2009. The agreement in question pertained to the terms and conditions of employment for crew members within the company.

The legal issues centred on whether the agreement met the statutory requirements under the Fair Work Act, including compliance with procedural fairness, meeting the better-off-overall test, and ensuring that the agreement did not contravene any provisions of the Act. The Deputy President needed to assess if the agreement was genuinely negotiated, free from any undue influence or coercion, and if it offered terms and conditions that were at least as good as the applicable award or safety net.

Deputy President Katzmann found that the agreement met the necessary statutory criteria. The negotiation process was deemed to be free from any procedural irregularities or coercion. The agreement was considered to be genuinely negotiated, as evidenced by the consultation process and the participation of both parties. Furthermore, the Deputy President concluded that the agreement provided terms and conditions that were at least as good as the applicable award or safety net, thus satisfying the better-off-overall test. Consequently, the application for approval was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established