Pyramania Pty Ltd

[2014] FWCA 2278

[2014] FWCA 2278

FAIR WORK COMMISSION

DECISION

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

Pyramania Pty Ltd
(AG2013/12249)

PYRAMANIA PTY LTD CREW ENTERPRISE AGREEMENT 2013

Broadcasting and recorded entertainment industry
COMMISSIONER CAMBRIDGE	SYDNEY, 7 APRIL 2014

Application for approval of the Pyramania Pty Ltd Crew Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pyramania Pty Ltd Crew Enterprise Agreement 2013(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Pyramania Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 24 December 2013. The application included a Statutory Declaration of Biatta Czerkies made on behalf of the Employer and dated 20 December 2013 (the first Declaration). A further Declaration of Biatta Czerkies dated 13 March 2014 (the second Declaration), was filed as an amended Declaration to the first Declaration. Both the first Declaration and the second Declaration stated that the Agreement was made on 17 December 2013. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] On 7 January 2014, the Media Entertainment & Arts Alliance (MEAA), filed a Statutory Declaration of Malcolm Tulloch dated 6 January 2014, in opposition to the application for approval of the Agreement. This Statutory Declaration contained information which represented the basis upon which the MEAA sought to have the Fair Work Commission (the Commission) refuse the application for approval of the Agreement.

[4] The application for approval was allocated to the Commission as currently constituted on 5 March 2014, and it was listed for Directions on 13 March 2014. Directions were made for the Parties to file material in support of their respective cases and the matter was listed for Hearing on 3 April 2014.

[5] At the Hearing on 3 April 2014, Mr P Brown, solicitor, appeared for the Employer and Ms Z Angus appeared for the MEAA. Ms Angus advised the Commission that as a result of a recent Judgment of the Federal Court of Australia in John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2014] FCA 286, the MEAA was unable to further advance its objection to the application for approval of the Agreement. Ms Angus confirmed that the MEAA did not wish to be covered by the Agreement and she made vigorous criticisms of aspects of the Agreement and the process by which it had been made.

[6] During the proceeding held on 3 April, the Commission identified various issues relating to the contents of certain terms contained in the Agreement which required clarification. Certain clarifications were provided during the Hearing. The Employer was invited to consider some residual issues raised by the Commission and to respond in writing. The Commission has received correspondence dated 4 April 2014, from the representatives of the Employer, which included further material in support of the application together with an Undertaking made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertaking).

[7] Consequently I have further considered the application for approval having regard for the clarifications provided during the Hearing, the further material in support of the application, and the Undertaking.

[8] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the first Declaration and the second Declaration in the context of the clarifications provided during the Hearing and the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[9] I note that the Agreement contains a flexibility term at clause 22 and a consultation term at clause 21.

[10] I am prepared to accept the Undertaking. As provided by s.191 of the Act, the Undertaking is taken to be a term of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[11] The Agreement as varied by the Undertaking is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 14 April 2014. In accordance with clause 1.2 of the Agreement the nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Undertaking:

Printed by authority of the Commonwealth Government Printer

<Price code G, AE407577  PR549371>