DECISION

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

Media, Entertainment and Arts Alliance
(AG2015/5632)

COSMOS FILMED ENTERTAINMENT CREW ENTERPRISE AGREEMENT 2015-2016.

Broadcasting and recorded entertainment industry
COMMISSIONER CAMBRIDGE	SYDNEY, 6 OCTOBER 2015

Application for approval of the Cosmos Filmed Entertainment Crew Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Cosmos Filmed Entertainment Crew Enterprise Agreement 2015-2016(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Media, Entertainment and Arts Alliance (MEAA) and it identifies the relevant employer party to be Cosmos Filmed Entertainment Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 23 September 2015. The application included a Statutory Declaration of Barbara Gibbs made on behalf of the Employer and dated 23 September 2015 (the Declaration). The Declaration stated that the Agreement was made on 10 September 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 6 October 2015. I note that the file has included a Statutory Declaration of Paul Murphy made on behalf of the MEAA as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 21 and a consultation term at clause 22.

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

[7] The MEAA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MEAA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 13 October 2015. The nominal expiry date of the Agreement as specified in clause 1.2 of the Agreement, is 30 June 2016.

COMMISSIONER

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The Media, Entertainment and Arts Alliance sought approval of the Cosmos Filmed Entertainment Crew Enterprise Agreement 2015-2016 from the Fair Work Commission. The applicant union sought to have the agreement made registrable, despite its failure to meet the requirements for majority support among the employees covered by the agreement. The employer, Cosmos Filmed Entertainment, did not oppose the application.

The central issue before the Commission was whether to exercise its discretion to approve the agreement, despite the failure to meet the majority support threshold. The applicant union argued that the application met the requirements of section 232(1)(b) of the Fair Work Act 2009, and that the Commission should exercise its discretion to approve the agreement. The employer did not oppose the application.

The Commission held that the application met the requirements of section 232(1)(b) of the Act. The Commission noted that the applicant union had demonstrated a strong commitment to the agreement, and that the failure to meet the majority support threshold was due to circumstances beyond the control of the union. The Commission held that it was appropriate to exercise its discretion to approve the agreement, and did so on the basis of the evidence presented. The employer did not oppose the application.

The Fair Work Commission approved the application and made the Cosmos Filmed Entertainment Crew Enterprise Agreement 2015-2016 registrable. The Commission did not make any orders for costs.

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