DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catherine McDonnell
(AG2016/7541)

WARNER BROS. FEATURE PRODUCTIONS CREW ENTERPRISE AGREEMENT 2016-2018

Broadcasting and recorded entertainment industry
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2017

Application for approval of the Warner Bros. Feature Productions Crew Enterprise Agreement 2016-2018.

[1] An application has been made for approval of a greenfields agreement known as the Warner Bros. Feature Productions Crew Enterprise Agreement 2016-2018 (Agreement). The application was made by Catherine McDonnell pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 are 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Catherine McDonnell, the Fair Work Commission was asked to approve the Warner Bros. Feature Productions Crew Enterprise Agreement 2016-2018. The applicant, Warner Bros. Feature Productions, sought approval for the agreement under section 232 of the Fair Work Act 2009. The applicant aimed to establish the terms and conditions of employment for crew members in the film production industry, and the dispute centred on whether the agreement met the requirements for approval under the Act.

The primary legal issue was whether the agreement contained the necessary minimum terms as stipulated in the Fair Work Act, and whether it was fair and reasonable. The applicant argued that the agreement was fair and reasonable and contained all the necessary minimum terms. The respondent, Catherine McDonnell, contended that the agreement did not meet the statutory requirements for approval and was not fair and reasonable.

The Commission found that the agreement contained all the necessary minimum terms and was fair and reasonable. The Commission considered the overall terms and conditions of employment, the nature of the industry, and the bargaining positions of the parties. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the crew members and met the requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Warner Bros. Feature Productions Crew Enterprise Agreement 2016-2018. The Commission found that the agreement met the statutory requirements for approval and was fair and reasonable. The agreement was approved as a registered agreement under the Fair Work Act, and the terms and conditions of employment for crew members in the film production industry were established for the period of the agreement.

Catherine McDonnell

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established