Fox Film Australia No.3 Pty Ltd

[2016] FWCA 449

[2016] FWCA 449

FAIR WORK COMMISSION

DECISION

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

Fox Film Australia No.3 Pty Ltd
(AG2015/7832)

FOX FILM AUSTRALIA NO. 3 CREW ENTERPRISE AGREEMENT 2015 - 2017

Broadcasting and recorded entertainment industry
COMMISSIONER CAMBRIDGE	SYDNEY, 21 JANUARY 2016

Application for approval of the Fox Film Australia No.3 Crew Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Fox Film Australia No.3 Crew Enterprise Agreement 2015 - 2017(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fox Film Australia No.3 Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 21 December 2015. The application included a Statutory Declaration of Dean Hood made on behalf of the Employer and dated 18 December 2015 (the Declaration). The Declaration stated that the Agreement was made on 17 December 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 21 January 2016. I note that the file has included a Statutory Declaration of Paul Murphy made on behalf of the Media, Entertainment and Arts Alliance (the MEAA) as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 24 and Schedule E, and a consultation term at clause 23 and Schedule D.

[6] 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.

[7] The MEAA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by sub-section 201 (2) of the Act I note that the Agreement covers the MEAA.

[8] The Agreement is approved. In accordance with sub-section 54 (1) of the Act it will operate from 28 January 2016. The nominal expiry date of the Agreement as specified in clause 1.2 of the Agreement, is 30 June 2017.

COMMISSIONER

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