Essential Media Communications Pty Ltd
[2023] FWCA 1340
•10 MAY 2023
| [2023] FWCA 1340 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Essential Media Communications Pty Ltd
(AG2023/1056)
THE ESSENTIAL MEDIA COMMUNICATIONS AGREEMENT 2022
| Market and business consultancy services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 10 MAY 2023 |
Application for approval of The Essential Media Communications Agreement 2022
An application has been made for approval of an enterprise agreement to be known as The Essential Media Communications Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Essential Media Communications Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 10 May 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Clerks – Private Sector Award 2020 and Miscellaneous Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
The Media, Entertainment and Arts Alliance, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2023. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
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Annexure A
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