NF Ocean Productions Pty Ltd

[2024] FWCA 4152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

NF Ocean Productions Pty Ltd

(AG2024/4065)

NF OCEAN PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2024 – 2025

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT CROSS	SYDNEY, 27 NOVEMBER 2024

Application for approval of the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2024 - 2025

An application has been made for approval of an enterprise agreement known as the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2024 - 2025 (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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the 23A of the Broadcasting, Recorded Entertainment and Cinemas Award 2020 is taken to be a term of the Agreement.

The Media, Entertainment and Arts Alliance being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2024. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved NF Ocean Productions Pty Ltd, a company seeking approval of the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2024-2025. The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval and whether it was in the best interests of the employees covered by the agreement.

The central legal issues revolved around the compliance of the proposed agreement with the provisions of the Fair Work Act. This included ensuring the agreement did not discriminate against any class of employee, did not undermine the right to freedom of association, and was not contrary to the public interest. The court also needed to determine whether the agreement provided fair and reasonable terms and conditions of employment, including minimum rates of pay, leave entitlements, and other conditions that met the safety net provided by the Act.

The Fair Work Commission carefully examined the proposed agreement against these criteria, considering submissions from both the employer and the employees. The Commission found that the agreement satisfied the necessary legal requirements and was not detrimental to the employees. It was concluded that the agreement provided fair and reasonable terms and conditions, and did not undermine the public interest. Accordingly, the Fair Work Commission approved the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2024-2025.

In its decision, the Commission noted the importance of balancing the interests of both the employer and the employees, while ensuring compliance with the statutory framework. The approval of the agreement was made subject to the terms and conditions as set out in the document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established