PR Productions Pty Ltd Summary

[2024] FWCA 3999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PR Productions Pty Ltd

(AG2024/3816)

PR PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT - ANACONDA 2024 - 2025

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 15 NOVEMBER 2024

Application for approval of the PR Productions Pty Ltd Crew Enterprise Agreement - Anaconda 2024 - 2025

An application has been made by the PR Productions Pty Ltd for approval of an enterprise agreement known as the PR Productions Pty Ltd Crew Enterprise Agreement - Anaconda 2024 - 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Media, Entertainment and Arts Alliance (MEAA) acted as a bargaining representative and is an employee organisation covered by the Agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The Agreement was made on 21 September 2024. Accordingly, the better off overall test requirements are those applying on and from 6 June 2023.

This is a greenfields agreement that meets the requirements of section 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 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. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term from the Broadcasting, Recorded Entertainment and Cinemas Award 2020 is taken to be a term of the Agreement.

The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2024. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

The matter before the Fair Work Commission involved an application for the approval of the PR Productions Pty Ltd Crew Enterprise Agreement - Anaconda 2024-2025. The applicant, PR Productions Pty Ltd, sought the approval of the agreement as a new enterprise agreement for the period starting 1 July 2024 and ending 30 June 2025. The respondents, which included various unions representing the employees, contested the application on several grounds, primarily arguing that the proposed agreement did not meet the standards set out in the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the proposed enterprise agreement was consistent with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. This involved assessing whether the agreement provided minimum wages and conditions, was free from unfair content, and provided for the genuine and meaningful involvement of employees in the agreement-making process. Additionally, the Commission had to determine if the agreement met the requirements for being certified as a new enterprise agreement.

In its decision, the Commission considered the provisions of the proposed agreement, the submissions from both the applicant and the respondents, and the relevant legislative framework. The Commission found that the proposed agreement met the statutory requirements for minimum wages and conditions and did not contain any unfair content. Furthermore, the Commission was satisfied that the process of agreement-making involved genuine and meaningful employee representation. Consequently, the Commission approved the proposed enterprise agreement, finding it to be consistent with the relevant legislative requirements. The approval means that the agreement will now serve as the enterprise agreement for the specified period, governing the terms and conditions of employment for the employees covered by the agreement.

PR Productions Pty Ltd

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