DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Film Victoria
(AG2021/5098)

FILM VICTORIA ENTERPRISE AGREEMENT 2020

State and Territory government administration
COMMISSIONER O'NEILL	MELBOURNE, 24 MAY 2021

Application for approval of the Film Victoria Enterprise Agreement 2020.

[1] Film Victoria has applied for approval of an enterprise agreement known as the Film Victoria Enterprise Agreement 2020. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The CPSU, the Community and Public Sector Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation. The CPSU’s views of the undertaking offered by the Employer were sought, and no view was expressed.

[5] Whilst clause 55.16 – Parental Leave is likely to be inconsistent with the National Employment Standards (NES), the undertaking given satisfies me that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2021. The nominal expiry date of the Agreement is 20 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Film Victoria, the applicant, sought approval of the Film Victoria Enterprise Agreement 2020 in the Fair Work Commission. The agreement was intended to govern the employment conditions of Film Victoria's employees. The Commission was required to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. Additionally, the Commission needed to assess if the agreement adequately covered all required matters and if it was consistent with the national minimum entitlements set out in the safety net of awards and the Fair Work Act.

In deciding the application, the Commission noted that the agreement had been negotiated in good faith and provided for fair and reasonable terms and conditions. The agreement was found to cover all required matters and was consistent with the national minimum entitlements. The Commission approved the Film Victoria Enterprise Agreement 2020, highlighting that it met the necessary criteria for approval under the Fair Work Act.

The Commission approved the Film Victoria Enterprise Agreement 2020, effective from the date of the decision. The approval ensures that Film Victoria's employees are governed by the terms and conditions set out in the agreement, providing them with fair and reasonable employment conditions.

Film Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established