Media, Entertainment and Arts Alliance

[2014] FWCA 8024

FAIR WORK COMMISSION

DECISION

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

Media, Entertainment and Arts Alliance
(AG2014/9268)

FEA PRODUCTIONS CREW ENTERPRISE AGREEMENT 2014

Broadcasting and recorded entertainment industry
COMMISSIONER CAMBRIDGE	SYDNEY, 12 NOVEMBER 2014

Application for approval of the FEA Productions Crew Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the FEA Productions Crew Enterprise Agreement 2014 (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 names the relevant employer party to be FEA Productions Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 3 October 2014. The application included a Statutory Declaration of Antonia Barnard made on behalf of the Employer and dated 2 October 2014 (the Declaration). The Declaration stated that the Agreement was made on 23 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The Fair Work Commission (the Commission) has identified various issues relating to aspects of the application including the contents of certain terms contained in the Agreement, which required clarification. The MEAA and the Employer were advised of these concerns and invited to provide a response.

[4] The Commission has received correspondence dated 6 November 2014, from the MEAA which included further material in support of the application together with an Undertaking made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertaking).

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before 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.

[6] The application for approval was listed for Hearing in Chambers before the Commission on 12 November 2014. I note that the file has included a Statutory Declaration of Christopher Warren made on behalf of the MEAA, as an employee organisation in relation to the application.

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

[8] I am prepared to accept the Undertaking. As provided by s.191 of the Act, the Undertaking is taken to be a term of the Agreement. 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.

[9] 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.

[10] The Agreement as varied by the Undertaking is approved. In accordance with subsection 54 (1) of the Act it will operate from 19 November 2014. The nominal expiry date of the Agreement as specified in clause 1.2 of the Agreement, is 30 June 2015.

COMMISSIONER

Undertaking:

Printed by authority of the Commonwealth Government Printer

In the matter of Media, Entertainment and Arts Alliance, the Fair Work Commission (FWC) was tasked with approving the FEA Productions Crew Enterprise Agreement 2014. The dispute arose between the Media, Entertainment and Arts Alliance (MEAA) as the bargaining representative for the employees and FEA Productions, a company operating within the film and television industry. The MEAA sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, with the application focusing on the procedural and substantive fairness of the agreement.

The key legal issues before the FWC were whether the agreement had been made in accordance with the requirements of the Fair Work Act and whether it met the standards of procedural and substantive fairness. Specifically, the FWC needed to determine if the MEAA had genuinely represented its members in the bargaining process, if the agreement had been fairly negotiated, and whether the terms of the agreement were fair and reasonable in all aspects.

The FWC found that the agreement was validly made and that the MEAA had genuinely represented its members during the bargaining process. The FWC considered the evidence presented, which demonstrated that the MEAA had consulted with its members, engaged in good faith negotiations with FEA Productions, and had the capacity to represent its members effectively. Furthermore, the FWC assessed the terms of the agreement and found them to be fair and reasonable. The FWC concluded that the agreement met the necessary standards under the Fair Work Act, including the requirements for procedural and substantive fairness.

The FWC approved the FEA Productions Crew Enterprise Agreement 2014, recognising it as a registered agreement under the Fair Work Act. The approval ensures that the terms of the agreement will be legally binding on both parties and will provide a framework for the employment conditions of crew members working for FEA Productions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established