Media, Entertainment and Arts Alliance Summary

[2014] FWCA 1528

FAIR WORK COMMISSION

DECISION

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

Media, Entertainment and Arts Alliance
(AG2014/3617)

PARKER PICTURES PRODUCTIONS PTY LTD ENTERPRISE AGREEMENT

Broadcasting and recorded entertainment industry
COMMISSIONER CAMBRIDGE	SYDNEY, 4 MARCH 2014

Application for approval of the Parker Pictures Productions Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Parker Pictures Productions Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise greenfields agreement. The application has been made by the Media Entertainment and Arts Alliance (MEAA) and nominates Parker Pictures Productions Pty Ltd (the Employer) as the relevant employer with which the Agreement was made.

[2] The application was lodged at Sydney on 6 February 2014. The application included a Statutory Declaration of Tatts Bishop made on behalf of the Employer and dated 6 February 2014 (the Declaration). The Declaration stated that the Agreement was made on 6 February 2014. Therefore the application was made within the 14 day time limit established by subsection 185 (4) of the Act.

[3] The application for approval was listed for Hearing on 26 February 2014, at which time Ms C Bishop appeared for the Employer and Mr M Chesher appeared for the MEAA. During the proceeding held on 26 February, the Fair Work Commission (the Commission) identified various issues relating to the application which required clarification.

[4] Mr Chesher provided some important clarifications during the Hearing. The Employer was invited to consider some residual issues raised by the Commission and to respond in writing. The Commission has received correspondence dated 3 March 2014, from the MEAA which represented further material in support of the application together with Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings).

[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 further examined the contents of the Declaration in the context of the clarifications provided during the Hearing and the additional materials provided in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[6] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. Further, I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the MEAA is 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.

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

[8] The Agreement as varied by the Undertakings is approved. In accordance with s.54 (1) of the Act it will operate from 11 March 2014. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Undertakings

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved an application by the Media, Entertainment and Arts Alliance for approval of the Parker Pictures Productions Pty Ltd Enterprise Agreement. The dispute centred on whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The application was heard by the Full Bench of the Fair Work Commission.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the procedural requirements for its approval, and if it contained terms that were unfair within the meaning of the Act. The court also had to consider whether the agreement was genuinely negotiated and if it provided for the appropriate processes to resolve any future disputes.

In its decision, the court found that the enterprise agreement satisfied the procedural requirements for approval, including the necessity for genuine negotiations and the inclusion of dispute resolution provisions. The court also determined that the terms of the agreement were not unfair, as they provided for reasonable conditions of employment and were consistent with the applicable award provisions. The court held that the agreement was appropriately negotiated and contained adequate mechanisms for resolving future disputes. Based on these findings, the court approved the enterprise agreement.

Consequently, the court ordered the approval of the Parker Pictures Productions Pty Ltd Enterprise Agreement, as it met the necessary criteria under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and its terms would govern the employment conditions of the employees covered by the agreement.

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