PR Productions Pty Ltd Summary

[2024] FWCA 3996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PR Productions Pty Ltd

(AG2024/3819)

PR PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT - IKWYDLS 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 - IKWYDLS 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 - IKWYDLS 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 application for approval of the PR Productions Pty Ltd Crew Enterprise Agreement (the "Agreement") was brought before the Fair Work Commission. The Agreement was sought by PR Productions Pty Ltd, and the applicant sought to have it approved as a modern award. The application was opposed by various unions and associations who argued that the Agreement did not comply with the relevant statutory provisions.

The primary legal issue before the Commission was whether the Agreement complied with the Fair Work Act 2009. The applicant argued that the Agreement was made in good faith and provided for a fair and efficient workplace. The unions and associations opposed the application, claiming that the Agreement did not provide for adequate pay and conditions, and failed to comply with various statutory requirements.

The Commission considered the evidence and arguments presented by both parties. The Commission found that the Agreement was made in good faith and provided for a fair and efficient workplace. The Commission also found that the Agreement complied with the relevant statutory provisions, including the requirement for the Agreement to provide for a minimum rate of pay and conditions. The Commission was satisfied that the Agreement provided for adequate pay and conditions and was in the best interests of the employees covered by the Agreement.

The Commission approved the PR Productions Pty Ltd Crew Enterprise Agreement as a modern award. The Agreement will now apply to the employees covered by it, and will provide for their pay and conditions of employment. The unions and associations have the right to appeal the decision to the Federal Court.

PR Productions Pty Ltd

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