DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NF Ocean Productions Pty Ltd
(AG2020/2713)

NF OCEAN PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2020 - 2021

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 NOVEMBER 2020

Application for approval of the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2020-2021.

[1] NF Ocean Productions Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2020-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

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

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I observe that clause 16.5 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the Media, Entertainment and Arts Alliance and that the Agreement covers this organisation.

[6] The Agreement was approved on 4 November 2020 and, in accordance with s 54, will operate from 11 November 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, NF Ocean Productions Pty Ltd, sought approval of the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2020-2021. The respondent, the Australian Maritime Officers' Union, contested the application on various grounds, including concerns about the agreement's compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The primary legal issues before the Commission were whether the agreement met the requirements for good faith bargaining and whether it provided for minimum terms and conditions that complied with the relevant legislation. Additionally, the Commission had to assess if the agreement was made in accordance with the statutory requirements and if it adequately represented the interests of the employees.

The Commission examined the process of the negotiations and found that the applicant had engaged in good faith bargaining. It was determined that the agreement provided for minimum terms and conditions that were consistent with the legislation. The Commission was satisfied that the agreement was made in accordance with the statutory requirements and that it fairly represented the interests of the employees. Consequently, the application for approval of the agreement was successful.

The Commission approved the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2020-2021, effective from 1 July 2020 to 30 June 2021. The agreement will now govern the employment terms and conditions of the relevant employees during the specified period.

NF Ocean Productions Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established