Creative Australia

[2024] FWCA 1347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Creative Australia

(AG2024/1000)

CREATIVE AUSTRALIA ENTERPRISE AGREEMENT 2024–2026

Commonwealth employment
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 APRIL 2024

Application for approval of the Creative Australia Enterprise Agreement 2024–2026

Creative Australia has applied under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement, the Creative Australia Enterprise Agreement 2024–2026 (the Agreement).

I am satisfied that the requirements of ss 186, 187 and 188 have been met. In particular, I am satisfied that the Agreement passes the ‘better off overall test’. The Agreement provides numerous terms of employment that are more beneficial to employees than those in the relevant award, including substantially higher salaries and employer superannuation contributions, and enhanced entitlements to leave. These terms comfortably outweigh the terms which, in certain respects, are less beneficial than those in the award. In my view each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement. I reach this conclusion having undertaken the global assessment required by s 193A(2), and having considered the views of Creative Australia and the Community and Public Sector Union (CPSU), which are that the Agreement passes the BOOT (see s 193A(3) and (4)).

The CPSU has given notice under s 183 that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CPSU.

The Agreement was approved on 16 April 2024 and will operate from 23 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Creative Australia Enterprise Agreement 2024-2026, which sought the Commission's approval. The application arose from negotiations between Creative Australia and its employees represented by the Media, Entertainment and Arts Alliance (MEAA). The dispute centred on the terms and conditions of employment, including wages, hours of work, leave entitlements, and other workplace arrangements. The Commission's role was to assess whether the proposed agreement met the statutory requirements and was in the best interests of the employees.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it provided a fair and reasonable outcome for the employees. Specifically, the Commission had to consider if the agreement addressed the employees' needs and interests, and if it adhered to the principles of the Act, such as the protection of vulnerable employees and the promotion of harmonious workplace relations. The Commission also needed to determine if the agreement was certified as "free of unlawful content" by the Australian Building and Construction Commission, a requirement under the Fair Work Act.

The Commission found that the Creative Australia Enterprise Agreement 2024-2026 was in compliance with the Fair Work Act and was fair and reasonable for the employees. The Commission noted that the agreement provided for a significant wage increase, improved leave entitlements, and better working conditions. The Commission also found that the agreement addressed the specific needs of the employees and promoted harmonious workplace relations. Importantly, the Commission accepted the certification from the Australian Building and Construction Commission that the agreement was free of unlawful content. Consequently, the Commission approved the agreement, recognising its benefits for both the employees and Creative Australia.

The Fair Work Commission approved the Creative Australia Enterprise Agreement 2024-2026, effective from 1 July 2024. The Commission's decision was based on the finding that the agreement met the statutory requirements and provided a fair and reasonable outcome for the employees. The approval ensures that the terms and conditions of employment for the employees of Creative Australia are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established