DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prime Focus NSW Pty Ltd
(AG2020/292)

PRIME FOCUS NSW PTY LTD ENTERPRISE AGREEMENT 2019

Cleaning services
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 MARCH 2020

Application for approval of the Prime Focus NSW Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Prime Focus NSW Pty Ltd Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Prime Focus NSW Pty Ltd (Applicant or Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 4 March 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Cleaning Services Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

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

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2020. The nominal expiry date of the Agreement is 11 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Prime Focus NSW Pty Ltd applied for the approval of the Prime Focus NSW Pty Ltd Enterprise Agreement 2019. The applicant sought to have the agreement made under the Fair Work Act 2009 approved as a registered agreement. The dispute centred on whether the agreement contained terms that were contrary to the Act and, if so, whether those terms could be disregarded or if the agreement should be rejected in its entirety.

The legal issues before the Commission involved assessing the terms of the enterprise agreement against the provisions of the Fair Work Act. Specifically, the Commission had to determine whether the agreement contained any terms that contravened the Act, and if so, whether these terms could be disregarded, or if the agreement should be rejected outright. The Fair Work Commission considered the nature of the terms in question, the implications of those terms on employees, and the potential impact of the agreement on the bargaining process.

The Commission found that while some terms of the agreement were contrary to the Act, they were not so significant as to render the agreement invalid. The terms in question related to the calculation of penalty rates and shift loadings, which did not comply with certain sections of the Fair Work Act. However, the Commission concluded that these terms could be disregarded as they did not significantly impact the overall fairness of the agreement. Consequently, the Commission approved the agreement with the offending terms disregarded.

The Fair Work Commission approved the Prime Focus NSW Pty Ltd Enterprise Agreement 2019, with certain terms disregarded as contrary to the Fair Work Act. This decision ensures that the agreement remains in force while mitigating any potential negative impacts on employees.

Prime Focus NSW 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