Punch Prod Au Pty Ltd

[2025] FWCA 1955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Punch Prod Au Pty Ltd

(AG2025/1557)

PUNCH PROD AU PTY LTD CREW ENTERPRISE AGREEMENT 2025 - 2026

Amusement, events and recreation industry
COMMISSIONER CONNOLLY	MELBOURNE, 12 JUNE 2025

Application for approval of the Punch Prod Au Pty Ltd Crew Enterprise Agreement 2025 – 2026.

An application has been made for approval of an enterprise agreement known as the Punch Prod Au Pty Ltd Crew Enterprise Agreement 2025 - 2026 (the Agreement) pursuant to s.182(3) of the Fair Work Act 2009 (the Act) by Punch Prod Au Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

The matter was allocated to my Chambers on 30 May 2025.

On 3 June 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

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 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Punch Prod Au Pty Ltd, a film production company, sought approval for the Punch Prod Au Pty Ltd Crew Enterprise Agreement 2025-2026. The applicant and the respondent, Media Entertainment and Arts Alliance, were at odds over various provisions of the agreement, particularly those relating to wage rates, working conditions, and dispute resolution mechanisms. The matter was heard by the Commission, which was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, specifically sections relating to good faith bargaining, coverage, and the avoidance of unprotected industrial action. The Commission needed to assess whether the agreement had been made in good faith, whether it covered all employees within the agreed scope, and whether it contained appropriate dispute resolution mechanisms. Additionally, the Commission had to ensure that the agreement did not unfairly disadvantage employees or employers and that it promoted workplace harmony.

The Commission found that the agreement had been made in good faith and covered all employees as intended. The wage rates and working conditions were considered fair and reasonable, taking into account industry standards and economic factors. The dispute resolution mechanisms were deemed adequate to prevent unprotected industrial action, as they provided clear pathways for addressing grievances. The Commission concluded that the agreement met all statutory requirements and approved it, noting the importance of maintaining fair and harmonious industrial relations within the film production industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established