DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2015/3580)

MATCHBOX UCP PRODUCTIONS PTY LTD ‘HUNTERS’ CREW ENTERPRISE AGREEMENT 2015-2016

Broadcasting and recorded entertainment industry
COMMISSIONER CRIBB	MELBOURNE, 24 JUNE 2015

Application for approval of the Matchbox UCP Productions Pty Ltd ‘Hunters’ Crew Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Matchbox UCP Productions Pty Ltd ‘Hunters’ Crew Enterprise Agreement 2015-2016 (the Agreement). The application was made pursuant to s.185(1A) of the Fair Work Act 2009 (the Act). It has been made by Media, Entertainment and Arts Alliance (MEAA). The Agreement is a single-enterprise greenfields agreement.

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

[3] In accordance with s.187(5) of the Act I am satisfied that MEAA, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of employees to be covered by the Agreement and that it is in the public interest to approve the Agreement.

[4] Pursuant to s.586(a) of the Act, the Applicant and Matchbox UCP Productions Pty Ltd were allowed to correct a typographical error in the original Agreement filed by the Applicant 17 June 2015.

[5] The Agreement was approved in Chambers on 24 June 2015 and, in accordance with s.54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance (MEAA) applied to the Fair Work Commission for the approval of the Matchbox UCP Productions Pty Ltd ‘Hunters’ Crew Enterprise Agreement 2015-2016. The application was opposed by the Production Employee Union. The dispute centred around whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was consistent with the Fair Work (Registered Organisations) Act 2009. The issues for the Commission to decide included whether the agreement was made in good faith, provided fair and reasonable terms, and whether it was consistent with the relevant legislation.

The Commission considered the nature of the agreement and the process by which it was made. The MEAA argued that the agreement was made in good faith and provided fair and reasonable terms for the employees. The Commission noted that the agreement was negotiated between the employer and the union, and that the union had the necessary standing to negotiate on behalf of the employees. The Commission found that the agreement was consistent with the Fair Work Act and did not contravene any of the provisions of the Act. The Commission also found that the agreement was made in good faith and provided fair and reasonable terms for the employees.

In its decision, the Commission approved the Matchbox UCP Productions Pty Ltd ‘Hunters’ Crew Enterprise Agreement 2015-2016. The Commission found that the agreement met the requirements of the Fair Work Act and was consistent with the relevant legislation. The Commission also found that the agreement was made in good faith and provided fair and reasonable terms for the employees. The Commission approved the agreement and certified it as a registered agreement under the Fair Work Act. The Commission noted that the agreement would provide certainty and stability for the employees and the employer.

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