| [2023] FWCA 46 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
PR Productions Pty Ltd
(AG2022/4936)
PR PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2022 – 2023
| Broadcasting and recorded entertainment industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 6 JANUARY 2023 |
Application for approval of the PR Productions Pty Ltd Crew Enterprise Agreement 2022 - 2023.
PR Productions Pty Ltd (the Employer) has made an application for the approval of the PR Productions Pty Ltd Crew Enterprise Agreement 2022 – 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise greenfields agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that Clause 14.3 – Compassionate Leave and Clause 16.5 – Public Holidays (Substitution) are potentially inconsistent with the National Employment Standards (NES). Noting the submissions and undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of clause 3(a) in the undertaking and Clause 16.5 of the Agreement are more beneficial than the NES.
The Media, Entertainment and Arts Alliance (MEAA) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the MEAA.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2023. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518801 PR749459>
Annexure A
- AGLC
- PR Productions Pty Ltd [2023] FWCA 46
- Case
- [2023] FWCA 46
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the proposed agreement met the requirements for registration under the Fair Work Act 2009, and if it provided for the fair and equitable treatment of employees. The Commission had to consider the agreement's compliance with minimum workplace standards, its fairness in terms of benefits and conditions, and whether it was made in good faith and without coercion. The applicant argued that the agreement was fair and reasonable, while no objections were raised by any other party.
The Fair Work Commission found that the proposed agreement was compliant with the statutory requirements and was fair and reasonable. The agreement was deemed to provide for the minimum entitlements set out in the National Employment Standards and offered benefits and conditions that were equitable. The Commission concluded that the agreement was made in good faith and without any undue influence or coercion. Therefore, the application for approval was granted, and the PR Productions Pty Ltd Crew Enterprise Agreement 2022-2023 was registered under the Fair Work Act 2009. The decision was made on the basis that the agreement met the legislative criteria for approval and adequately protected the rights and interests of the employees.
Orders
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Background
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Evidence
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Decision
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