DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freelance Restorations Pty Ltd
(AG2019/2925)

FEATURE RESTORATIONS PTY LTD CREW ENTERPRISE AGREEMENT 2019 - 2020

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 OCTOBER 2019

Application for approval of the Feature Restorations Pty Ltd Crew Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Feature Restorations Pty Ltd Crew Enterprise Agreement 2019 - 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

[6] Based on the statutory declaration provided by the organisation, I am satisfied that the Media, Entertainment and Arts Alliance, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 October 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Freelance Restorations Pty Ltd sought approval for the Feature Restorations Pty Ltd Crew Enterprise Agreement 2019-2020. The application was made under section 187 of the Fair Work Act 2009, and the matter was heard by the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement provided appropriate terms and conditions for the employees of Feature Restorations Pty Ltd, ensuring their rights and obligations were adequately protected and balanced.

The primary legal issue before the court was whether the agreement met the "better off overall test" under section 172 of the Fair Work Act 2009. This test requires that employees be no worse off financially and at least as well off in other respects, compared to their previous terms and conditions. The court had to evaluate the proposed terms against this standard, considering factors such as wages, hours of work, leave entitlements, and other employment conditions. Additionally, the court examined if the agreement complied with other statutory requirements, including notice periods and the scope of the agreement.

In reaching its decision, the court examined the evidence provided by both parties and the submissions made. The court found that the proposed agreement satisfied the better off overall test, as employees would not be disadvantaged financially and would benefit in other areas such as increased leave entitlements. The court also confirmed that the agreement complied with all relevant statutory requirements. Therefore, the court approved the Feature Restorations Pty Ltd Crew Enterprise Agreement 2019-2020.

The court's decision concluded with an order approving the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees of Feature Restorations Pty Ltd.

Freelance Restorations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established