Film Victoria Summary

[2013] FWCA 177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Film Victoria
(AG2012/14362)

FILM VICTORIA COLLECTIVE AGREEMENT 2012

State and Territory government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 9 JANUARY 2013

Application for approval of the Film Victoria Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Film Victoria Collective Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Film Victoria. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The CPSU, the Community and Public Sector Union and the Media, Entertainment and Arts Alliance, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2013. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Film Victoria, an employer, and various unions representing its employees, the applicants. The dispute centred on the application for approval of the Film Victoria Collective Agreement 2012. The applicants sought approval of the agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, the tribunal responsible for such matters.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements of the Act and whether it met the standard industrial requirements. The Commission had to determine whether the agreement was fair and reasonable, and whether it provided for the appropriate terms and conditions of employment. The Commission also had to consider whether the agreement met the standard industrial requirements, such as whether it provided for a fair and reasonable level of protection for employees.

The Commission found that the agreement met the statutory requirements of the Act and was fair and reasonable. The Commission also found that the agreement met the standard industrial requirements and provided for appropriate terms and conditions of employment. The Commission approved the agreement, noting that it provided for a fair and reasonable level of protection for employees, and that it was in line with industry standards.

No further orders were made by the Commission. The agreement was approved as sought by the applicants, and the matter was concluded.

Film Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established