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

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 2021 - 2022. The dispute centred on the terms and conditions of employment for crew members under the proposed agreement, including issues related to wages, hours of work, and other employment conditions. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issues before the Commission involved the fairness and appropriateness of the proposed agreement's terms, particularly in relation to the wage rates and working hours. The Commission had to assess if the agreement met the requirements for registration under section 232 of the Fair Work Act 2009 and whether it was likely to achieve a better outcome for the employees than the applicable modern award. The Commission also considered whether the agreement provided adequate protection for employees, particularly in light of the unique nature of work in the maritime industry.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement was fair and appropriate. The Commission noted that the agreement provided for a reasonable balance of rights and obligations between the employer and the employees and that it was likely to achieve a better outcome for the employees than the applicable award. The Commission was satisfied that the agreement provided adequate protection for employees, including provisions for overtime, penalty rates, and other employment conditions. Accordingly, the Commission approved the agreement, and it is now registered as the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2021 - 2022.

NF Ocean Productions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established