Gatto Productions Pty Ltd

[2021] FWCA 2332

[2021] FWCA 2332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gatto Productions Pty Ltd
(AG2021/4384)

GATTO PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2021 -2022

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 28 APRIL 2021

Application for approval of the Gatto Productions Pty Ltd Crew Enterprise Agreement 2021 -2022.

[1] Gatto Productions Pty Ltd has applied for approval of a greenfields agreement known as the Gatto Productions Pty Ltd Crew Enterprise Agreement 2021 -2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] A written undertaking was given in accordance with s.190 of the Act and are attached at Annexure A (Undertaking). The bargaining representative supported the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[4] On the materials before the Commission, I am satisfied that this is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[5] In accordance with s.187(5)(a) of the Act, I am satisfied that the Media, Entertainment and Arts Alliance (MEAA) 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.

[6] In accordance with s.187(5)(b) of the Act, I am also satisfied that it is in the public interest to approve the Agreement.

[7] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with MEAA and that the Agreement covers the organisation.

[8] The Agreement was approved on 28 April 2021 and, in accordance with s.54, will operate from 5 May 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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Annexure A