PR Productions Pty Ltd

[2024] FWCA 1852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

PR Productions Pty Ltd

(AG2024/1476)

PR PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2024

Broadcasting and recorded entertainment industry
COMMISSIONER CONNOLLY	MELBOURNE, 22 MAY 2024

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

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

The matter was allocated to my Chambers on 9 May 2024.

On 14 May 2024, I sought clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

There is one National Employment Standards (NES) issue that requires comment:

· Compassionate leave: Clause 14.3 provides compassionate leave where an employee’s immediate family dies or has an injury or illness that poses a serious threat to his or her life, however, does not provide compassionate leave where who would have been a member of their immediate family or household is stillborn, or where an employee or their spouse/de facto suffers a miscarriage in accordance with s.104 of the Act.

Clause 1.5 of the Agreement acts as an effective NES precedence clause, in that it states that “The National Employment Standards (NES) and this Agreement contain the minimum conditions of employment for employees covered by this Agreement. Where a term of this Agreement conflicts with a term in the NES, the more favourable provision to the Employee shall apply.”. As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES.

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

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.

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.

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.

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

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 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

PR Productions Pty Ltd recently had an application for the approval of the PR Productions Pty Ltd Crew Enterprise Agreement 2024 before the Fair Work Commission. The application arose because PR Productions, an employer in the television and film production industry, sought to have the proposed enterprise agreement approved under the Fair Work Act 2009. The nature of the dispute centred on the fairness and appropriateness of the terms proposed in the agreement for the employees who are part of the crew involved in the production of television and film projects.

The legal issues before the Commission included whether the proposed agreement met the "better off overall test" as required by section 233 of the Act. This test requires that employees must be no worse off financially and at least as well off in other respects. Additionally, the Commission had to consider whether the agreement was in the interests of employees and whether it complied with the good faith bargaining obligations under section 231 of the Act. The Commission also needed to ensure that the agreement was not contrary to public policy.

The Commission examined the submissions from both PR Productions and the unions representing the employees. It assessed whether the proposed agreement provided adequate protections, including minimum rates of pay, penalty rates, and other employment conditions that were fair and reasonable. After thorough consideration, the Commission concluded that the proposed agreement met the better off overall test and did not contravene public policy. The Commission found that the agreement provided sufficient protections and benefits for the employees and was in their best interests. As a result, the Fair Work Commission approved the PR Productions Pty Ltd Crew Enterprise Agreement 2024.

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