NF Ocean Productions Pty Ltd

[2025] FWCA 1420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NF Ocean Productions Pty Ltd

(AG2025/1164)

NF OCEAN PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2025 - 2026

Broadcasting and recorded entertainment industry
COMMISSIONER SIMPSON	BRISBANE, 1 MAY 2025

Application for approval of the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2025 - 2026

An application has been made for the approval of a Greenfields agreement known as the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2025 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NF Ocean Productions Pty Ltd (the Applicant).
This is a Greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

Noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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 accordance with s. 187(5)(a) of the Act, I am satisfied that the Media, Entertainment and Arts Alliance (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

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the MEAA and that the Agreement covers this organisation.
The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NF Ocean Productions Pty Ltd applied to the Fair Work Commission for approval of the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2025-2026. The applicant, a company involved in film production, sought to establish terms and conditions for its crew employees. The dispute centred on whether the proposed agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with examining the fairness and compliance of the agreement with relevant labour laws.

The legal issues the court had to address included whether the agreement contained all the mandated terms and conditions as per section 235 of the Act, whether the agreement was made in good faith and whether the agreement provided for a proper process for resolving disputes. Additionally, the Commission had to consider whether the agreement met the requirements for being a "single interest" enterprise agreement under section 227 of the Act and whether the process followed in making the agreement complied with section 228 of the Act.

The Commission concluded that the proposed agreement did indeed contain all the mandatory terms and conditions and was made in good faith. It found that the agreement provided for an adequate dispute resolution process and met the criteria for a "single interest" enterprise agreement. The process followed in negotiating and finalising the agreement was deemed to comply with the Act. As such, the Commission approved the agreement, finding it to be fair and compliant with the statutory requirements.

The Fair Work Commission approved the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2025-2026, subject to the applicant lodging a copy of the approved agreement with the Commission within 14 days of the decision. The decision underscored the importance of ensuring that enterprise agreements adhere to the provisions of the Fair Work Act and reflect the principles of fairness and good faith in employment relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established