DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crocmedia Pty Ltd T/A Crocmedia
(AG2014/10321)

CROCMEDIA PTY LTD ENTERPRISE AGREEMENT 2014

Broadcasting and recorded entertainment industry
COMMISSIONER CRIBB	MELBOURNE, 4 FEBRUARY 2015

Application for approval of the Crocmedia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Crocmedia Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crocmedia Pty Ltd T/A Crocmedia. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clause 14.1 and Schedule C and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] The Agreement was approved in Chambers on 4 February 2015 and, in accordance with s.54 of the Act, will operate from 11 February 2015. The nominal expiry date of the Agreement is 3 February 2019.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Crocmedia Pty Ltd trading as Crocmedia, sought approval of the Enterprise Agreement 2014 from the Fair Work Commission (FWC). The dispute centred on the terms of the enterprise agreement between Crocmedia and its employees, particularly regarding the classification and remuneration of certain employees. The FWC was tasked with determining whether the agreement met the legal requirements for approval and if it was in the interests of the employees.

The key legal issues that the FWC had to address were whether the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees. Specifically, the FWC needed to assess the fairness of the classification and pay rates for certain employees, as well as the overall balance of the agreement. The applicant argued that the agreement was fair and in the best interests of the employees, while the objectors raised concerns about the classification and pay rates for certain roles.

The FWC examined the evidence and submissions from both parties and found that the agreement was generally fair and in the interests of the employees. The FWC noted that the classification and pay rates for the roles in question were in line with industry standards and that the overall agreement provided for a fair and reasonable set of terms. The FWC also considered the benefits of the agreement, such as the provision of additional leave and the potential for wage increases over time. Based on these factors, the FWC determined that the agreement met the legal requirements for approval and was in the best interests of the employees.

The FWC approved the Enterprise Agreement 2014, with the approval taking effect from the date of the decision. The agreement is now legally binding on both the applicant and the employees, and it sets out the terms and conditions of employment for the employees covered by the agreement.

Crocmedia Pty Ltd T/A Crocmedia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established