Media, Entertainment and Arts Alliance Summary

[2014] FWCA 4647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2014/6670)

MUKIRI PRODUCTIONS PTY LIMITED CREW ENTERPRISE AGREEMENT 2014-2015

Broadcasting and recorded entertainment industry
COMMISSIONER CRIBB	MELBOURNE, 10 JULY 2014

Application for approval of the Mukiri Productions Pty Limited Crew Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Mukiri Productions Pty Limited Crew Enterprise Agreement 2014-2015 (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. 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 Media, Entertainment and Arts Alliance (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] The Agreement was approved in Chambers on 10 July 2014 and, in accordance with s.54 of the Act, will operate from 17 July 2014. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance (MEAA) sought approval of the Mukiri Productions Pty Limited Crew Enterprise Agreement 2014-2015. The respondent, Mukiri Productions, was a film production company employing camera operators, sound engineers, and lighting technicians. The applicant MEAA, an industry-specific union, argued the agreement was fair and reasonable, meeting the criteria under the Fair Work Act 2009. The court was tasked with determining whether the agreement met the legislative standards for approval.

The primary legal issue was whether the agreement satisfied the statutory requirements under the Fair Work Act 2009. The court had to consider if the agreement complied with the procedural fairness, good faith bargaining, and substantive fairness criteria. The court also examined if the agreement provided for minimum rates of pay, reasonable working conditions, and any other matters specified in the Act. The court needed to ensure the agreement did not undermine the integrity of the industrial relations system and was genuinely negotiated.

The court found that the agreement met the legislative criteria. The MEAA demonstrated that the agreement was the result of good faith bargaining and included provisions for minimum wages and reasonable working conditions. The court noted the comprehensive nature of the agreement and its alignment with the Fair Work Act 2009. The procedural fairness was upheld as the union and employer had engaged in discussions and negotiations to reach the agreement. The court concluded that the agreement was fair and reasonable and approved it.

The court ordered the approval of the Mukiri Productions Pty Limited Crew Enterprise Agreement 2014-2015. The agreement was to be registered under the Fair Work Act 2009, effective from the date of the decision. This decision ensures that the terms of the agreement would govern the employment conditions of the relevant employees within Mukiri Productions.

Media, Entertainment and Arts Alliance

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established