Media Employment Services Pty Ltd

[2022] FWCA 4464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media Employment Services Pty Ltd

(AG2022/5040)

MES Crew Enterprise Agreement 2022

Broadcasting and recorded entertainment industry
COMMISSIONER LEE	MELBOURNE, 16 DECEMBER 2022

Application for approval of the MES Crew Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the MES Crew Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Media Employment Services Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

Clause 16.3 – Public Holidays

However, noting clause 1.11 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2022. The nominal expiry date of the Agreement is 15 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Media Employment Services Pty Ltd sought approval for the MES Crew Enterprise Agreement 2022, which aimed to govern the terms and conditions of employment for its crew members. The application was filed with the Fair Work Commission, which holds jurisdiction over enterprise agreements under the Fair Work Act 2009. The union representing the employees contested the application, arguing that the proposed agreement did not meet the statutory requirements for approval.

The primary legal issue before the Commission was whether the proposed agreement contained all the necessary elements required for approval under the Fair Work Act. The union argued that the agreement was deficient in several aspects, including the absence of a clause addressing the rights and obligations of employees in relation to redundancy and termination. The Commission had to determine whether these omissions rendered the agreement invalid and, if so, whether the deficiencies could be rectified through negotiation or amendment.

After reviewing the submissions from both parties and the provisions of the proposed agreement, the Commission found that several key elements were indeed missing. However, it also recognised that these deficiencies could be addressed through further negotiation. The Commission approved the agreement on the condition that the parties return to negotiate and amend the agreement to include the necessary provisions. The union and Media Employment Services were given a specified timeframe to finalise the amendments and seek re-approval.

The Commission's decision underscores the importance of ensuring that enterprise agreements comprehensively address all required elements before seeking approval. The approval was contingent upon the parties' ability to negotiate and incorporate the necessary provisions, highlighting the Commission's role in facilitating fair and balanced agreements that protect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established