Media Employment Services Pty Ltd

Case

[2022] FWCA 4464

16 DECEMBER 2022


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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

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