Media, Entertainment and Arts Alliance

[2013] FWCA 7775

FAIR WORK COMMISSION

DECISION

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

Media, Entertainment and Arts Alliance
(AG2013/10672)

UNBROKEN PTY LTD CREW ENTERPRISE AGREEMENT 2013

Broadcasting and recorded entertainment industry
COMMISSIONER CAMBRIDGE	SYDNEY, 4 OCTOBER 2013

Application for approval of the Unbroken Pty Ltd Crew Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Unbroken Pty Ltd Crew Enterprise Agreement 2013 (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 the employer to be covered by the Agreement has been identified as Unbroken Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 26 September 2013. The application included a Statutory Declaration of Jennifer Cornwell made on behalf of the Employer and dated 25 September 2013, (the Declaration). The Declaration stated that the Agreement was made on 13 September 2013. 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 4 October 2013. 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 22 and a consultation term at clause 21.

[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 11 October 2013. The nominal expiry date of the Agreement as specified in clause 1.2 of the Agreement, is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Unbroken Pty Ltd Crew Enterprise Agreement 2013 by the Media, Entertainment and Arts Alliance (MEAA) before the Fair Work Commission. The application was made by the employer, Unbroken Pty Ltd, and the MEAA, the relevant trade union, was the respondent. The dispute centred around whether the terms and conditions set out in the proposed enterprise agreement were fair and reasonable, in line with the statutory requirements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement, which included various provisions related to employment conditions such as wages, hours of work, and dispute resolution mechanisms, met the standards of procedural and substantive fairness as mandated by the legislation. The Commission also needed to determine if the agreement provided for adequate protections for employees, ensuring that it was not detrimental to the workers' interests.

The Fair Work Commission, in its decision, examined the agreement clause by clause, taking into account the specific context of the media and entertainment industry. The Commission found that the proposed agreement was fair and reasonable, as it provided for equitable terms and conditions of employment, including appropriate wage rates and working hours. The agreement also included effective dispute resolution mechanisms that were deemed to be fair and accessible to employees. As a result, the Commission approved the Unbroken Pty Ltd Crew Enterprise Agreement 2013, finding it to be compliant with the statutory requirements for fairness and reasonableness.

The Commission's final order was the approval of the Unbroken Pty Ltd Crew Enterprise Agreement 2013, subject to the terms and conditions outlined in the decision. This approval ensures that the agreement will be legally binding on both the employer and the employees covered by the agreement, providing a framework for their employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established