DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

PR Productions Pty Ltd
(AG2018/5618)

PR PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT

Broadcasting and recorded entertainment industry
COMMISSIONER GREGORY	MELBOURNE, 25 FEBRUARY 2019

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

[1] An application has been made for approval of a greenfields agreement known as the PR Productions Pty Ltd Crew Enterprise Agreement (the Agreement). The application was made by PR Productions Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 Media, Entertainment and Arts Alliance 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.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Media, Entertainment and Arts Alliance and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, PR Productions Pty Ltd, sought approval of a proposed enterprise agreement for its employees, who are members of the crew of films, television programs, and other productions. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute arose from negotiations between the applicant and the employees' union, which resulted in the proposed agreement.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any discriminatory provisions. Additionally, the Commission had to determine if the agreement adequately protected the employees' interests and if it complied with relevant industrial laws.

The Commission considered the evidence presented by both parties, including the nature of the industry, the terms and conditions of the proposed agreement, and the bargaining power of the parties. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it did not contain any discriminatory provisions. Furthermore, the Commission was satisfied that the agreement adequately protected the employees' interests and complied with relevant industrial laws. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the PR Productions Pty Ltd Crew Enterprise Agreement, effective from the date of the decision. The agreement now governs the terms and conditions of employment for the employees of PR Productions Pty Ltd, and it will remain in force until it is replaced by a new agreement or terminated in accordance with the Fair Work Act 2009.

PR Productions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established