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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gatto Productions Pty Ltd, the applicant, sought approval of the Gatto Productions Pty Ltd Crew Enterprise Agreement 2021-2022. The respondent, Media, Entertainment and Arts Alliance (MEAA), objected to the approval, contending that the agreement did not meet the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission, presided over by Commissioner J. Smith.

The primary legal issue before the Commission was whether the Crew Enterprise Agreement met the statutory criteria for approval under the Fair Work Act. Specifically, the MEAA argued that the agreement did not adequately protect the rights of employees, particularly concerning minimum wages, penalty rates, and conditions of employment. The applicant, on the other hand, asserted that the agreement was fair and reasonable and complied with all relevant statutory requirements.

The Commission found that the Crew Enterprise Agreement did not adequately address certain provisions concerning minimum wages and conditions. The agreement fell short in providing adequate protection for employees in terms of overtime and penalty rates. Despite acknowledging the complexities involved in negotiating such agreements, the Commission concluded that the agreement failed to meet the statutory threshold for approval. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the Gatto Productions Pty Ltd Crew Enterprise Agreement 2021-2022 not be approved. The Commission directed the parties to revisit the agreement, ensuring that it met all statutory requirements before any further application for approval could be made. The MEAA was also granted leave to appeal the decision within 21 days, should they so choose.

Gatto Productions 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