NF Ocean Productions Pty Ltd

[2020] FWCA 5904

[2020] FWCA 5904

FAIR WORK COMMISSION

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

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Annexure A