NF Ocean Productions Pty Ltd

[2021] FWCA 3763

[2021] FWCA 3763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NF Ocean Productions Pty Ltd
(AG2021/5591)

NF OCEAN PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2021 - 2022

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 30 JUNE 2021

Application for approval of the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2021 - 2022.

[1] NF Ocean Productions Pty Ltd has applied for approval of a greenfields agreement known as the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2021 – 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

[2] Noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the materials before the Commission, I am satisfied that this is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] 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.

[5] In accordance with s.187(5)(b) of the Act, I am also satisfied that it is in the public interest to approve the Agreement.

[6] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with MEAA and that the Agreement covers the organisation.

[7] The Agreement was approved on 30 June 2021 and, in accordance with s.54, will operate from 7 July 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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