DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Media, Entertainment and Arts Alliance
(AG2017/3997)

NEKROMANCER CREW ENTERPRISE AGREEMENT 2017

Broadcasting and recorded entertainment industry
COMMISSIONER MCKINNON	MELBOURNE, 12 OCTOBER 2017

Application for approval of the Nekromancer Crew Enterprise Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Nekromancer Crew Enterprise Agreement 2017 (Agreement). The application was made by Media, Entertainment and Arts Alliance pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Agreement meets the requirements of section 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. In accordance with s.187(5)(a) of the Act, I am satisfied that Media, Entertainment and Arts Alliance are 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Media, Entertainment and Arts Alliance and that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Media, Entertainment and Arts Alliance brought an application seeking approval of the Nekromancer Crew Enterprise Agreement 2017. The respondent to the application was Nekromancer Pty Ltd. The applicant contended that the agreement was intended to apply to crew members employed by the respondent in the production of short films, feature films, and other content. The respondent did not oppose the application, but raised concerns about the definition of "crew member" and the classification of certain roles within the agreement.

The central legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was a "single interest employer agreement" as defined in the Act, and whether it had been made in good faith and without coercion. The Commission also needed to consider whether the definition of "crew member" was sufficiently clear and whether the classification of certain roles was consistent with the terms of the agreement.

In its decision, the Commission found that the agreement was a single interest employer agreement and had been made in good faith and without coercion. The Commission also found that the definition of "crew member" was sufficiently clear and that the classification of certain roles was consistent with the terms of the agreement. The Commission noted that the respondent had not opposed the application and had not raised any significant concerns about the agreement. The Commission concluded that the agreement met the requirements of the Act and approved it.

The Commission made an order approving the Nekromancer Crew Enterprise Agreement 2017 as a registered agreement. The order is effective from the date of the Commission's decision and will remain in force until it is varied or terminated in accordance with the Act. The respondent is bound by the terms of the agreement and must comply with its provisions in relation to the relevant employees.

Media, Entertainment and Arts Alliance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established