Play Dead The Movie Pty Ltd

Case [2025] FWCA 787
[2025] FWCA 787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Play Dead The Movie Pty Ltd

(AG2025/276)

PLAY DEAD THE MOVIE PTY LTD CREW ENTERPRISE AGREEMENT 2024 – 2025

Miscellaneous

COMMISSIONER CONNOLLY

MELBOURNE, 3 MARCH 2025

Application for approval of the Play Dead The Movie Pty Ltd Crew Enterprise Agreement 2024 – 2025

  1. An application has been made for approval of an enterprise agreement known as the Play Dead The Movie Pty Ltd Crew Enterprise Agreement 2024 – 2025 (the Agreement) pursuant to s.182(3) of the Fair Work Act 2009 (the Act) by Play Dead The Movie Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

  1. The matter was allocated to my Chambers on 14 February 2025.

  1. On 25 February 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

  1. The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

  1. 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 the work that is to be performed under it.

  1. The Applicant has provided written undertakings, dated 25 February 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) that responded, supported the undertaking.

  1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

  1. Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the MEAA and that the Agreement covers this organisation.

  1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Broadcasting, Recorded Entertainment and Cinemas Award 2020 is taken to be a term of the Agreement.

  1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

  1. I am satisfied that it is in the public interest to approve the Agreement.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2025.

COMMISSIONER

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ANNEXURE A

Details
AGLC
Play Dead The Movie Pty Ltd [2025] FWCA 787
Case
[2025] FWCA 787
Decision Date

CaseChat Overview and Summary

In the matter of Play Dead The Movie Pty Ltd, an application was made to the Fair Work Commission seeking approval of the Play Dead The Movie Pty Ltd Crew Enterprise Agreement 2024-2025. The application arose from negotiations between the applicant company and the crew members' union, seeking to formalise the terms and conditions of employment for the crew over the next financial year. The union and the applicant were unable to reach an agreement, leading to the application for the Commission's intervention.

The primary legal issue before the Commission was whether the terms and conditions of the proposed agreement were fair and reasonable in all respects. The Commission had to consider whether the agreement met the requirements of the Fair Work Act 2009, including provisions for minimum rates of pay, hours of work, leave entitlements, and other conditions of employment. The Commission also needed to ensure that the agreement complied with the "better off overall test" and did not undermine the rights of employees under the National Employment Standards.

In its decision, the Commission noted that the proposed agreement provided for a range of terms and conditions that were largely in line with industry benchmarks and existing agreements. The Commission was satisfied that the agreement provided for fair and reasonable terms, particularly in light of the economic climate and the need for flexibility in the film industry. The Commission also found that the agreement met the better off overall test, as it provided for a range of benefits to employees, including increased pay rates and improved leave entitlements. The Commission approved the agreement, subject to minor amendments to ensure compliance with the Act.

The Commission's final order was that the Play Dead The Movie Pty Ltd Crew Enterprise Agreement 2024-2025 be approved, subject to the minor amendments. The agreement will now form the basis of the employment conditions for the crew members of Play Dead The Movie Pty Ltd for the next financial year.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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