DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FremantleMedia Australia Pty Ltd T/A Fremantle
(AG2019/4148)

FREMANTLEMEDIA AUSTRALIA PTY LTD (‘NEIGHBOURS’) ENTERPRISE AGREEMENT 2019

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 18 NOVEMBER 2019

Application for approval of the FremantleMedia Australia Pty Ltd (‘Neighbours’) Enterprise Agreement 2019.

[1] FremantleMedia Australia Pty Ltd T/A Fremantle has applied for approval of an enterprise agreement known as the FremantleMedia Australia Pty Ltd (‘Neighbours’) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Media, Entertainment and Arts Alliance, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), and based on the statutory declarations provided by the AWU, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, FremantleMedia Australia Pty Ltd trading as Fremantle, applied to the Fair Work Commission for the approval of the FremantleMedia Australia Pty Ltd (‘Neighbours’) Enterprise Agreement 2019. The respondents included various employee unions. The dispute centred on the terms and conditions of employment for the employees working on the television production, Neighbours. The central legal issues revolved around whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including whether it met the 'better off overall test' and if it contained all the mandated minimum terms and conditions. Additionally, the court needed to determine if the agreement was made in good faith and whether it allowed for proper employee representation.

The Fair Work Commission, in assessing the application, examined the proposed agreement against the statutory criteria outlined in the Fair Work Act 2009. It considered the 'better off overall test' to ensure that employees would not be worse off financially by being subject to the agreement compared to their previous conditions. The Commission also reviewed whether the agreement contained all the mandated minimum terms and conditions, including provisions related to wages, hours of work, and other employment standards. Furthermore, the court evaluated the process through which the agreement was negotiated to confirm it was done in good faith and that employees had adequate representation throughout the negotiation process.

After thorough deliberation, the Fair Work Commission found that the proposed agreement met all the legislative requirements. The Commission was satisfied that the agreement was better off overall for the employees and included all the mandated minimum terms and conditions. The negotiation process was deemed to be conducted in good faith, and employee representation was deemed adequate. Consequently, the Commission approved the FremantleMedia Australia Pty Ltd (‘Neighbours’) Enterprise Agreement 2019.

FremantleMedia Australia Pty Ltd T/A Fremantle

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established