| [2022] FWCA 706 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Origins Prod Australia Pty Ltd
(AG2022/421)
Origins Prod Australia Pty Ltd Crew Enterprise Agreement 2022 - 2023
| Broadcasting and recorded entertainment industry | |
| COMMISSIONER SPENCER | BRISBANE, 2 MARCH 2022 |
Application for approval of the Origins Prod Australia Pty Ltd Crew Enterprise Agreement 2022 – 2023.
An application has been made for approval of a greenfields agreement known as the Origins Prod Australia Pty Ltd Crew Enterprise Agreement 2022 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Origins Prod Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the Media, Entertainment and Arts Alliance (the MEAA) are 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.
Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with MEAA, and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 9 March 2022. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- Origins Prod Australia Pty Ltd [2022] FWCA 706
- Case
- [2022] FWCA 706
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission involved determining whether the proposed agreement met the criteria for approval under section 232 of the Fair Work Act. This included examining whether the agreement provided for a direct and clear process for its review and whether it contained all the mandatory terms and conditions prescribed by the Act. Additionally, the Commission assessed whether the agreement was consistent with the better off overall test, ensuring that it provided employees with no less favourable terms and conditions than those provided under the relevant awards or registered agreements.
In considering these issues, the Fair Work Commission noted that the proposed agreement was comprehensive and included provisions for the review and amendment of its terms. The Commission found that the agreement contained all the mandatory terms and conditions required by the Fair Work Act. Furthermore, the Commission determined that the proposed agreement met the better off overall test, as it provided crew members with no less favourable terms and conditions than those provided under the relevant awards or registered agreements. Consequently, the Commission approved the proposed agreement, finding that it complied with the legislative requirements and would benefit the employees involved.
As a result of the Commission's determination, the Origins Prod Australia Pty Ltd Crew Enterprise Agreement 2022-2023 was approved and registered under the Fair Work Act. This approval ensures that the agreement will govern the terms and conditions of employment for the crew members of Origins Prod Australia Pty Ltd for the specified period. The decision provides clarity and certainty for both the employer and employees, ensuring that the agreement operates within the bounds of the relevant legislative framework.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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