Red Bee Media Australia Pty Ltd

[2015] FWCA 4056

[2015] FWCA 4056

FAIR WORK COMMISSION

DECISION

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

Red Bee Media Australia Pty Ltd
(AG2015/1171)

RED BEE MEDIA AUSTRALIA ENTERPRISE AGREEMENT 2015

Broadcasting and recorded entertainment industry
COMMISSIONER CAMBRIDGE	SYDNEY, 17 JUNE 2015

Application for approval of the Red Bee Media Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Red Bee Media Australia Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PCC Lawyers on behalf of Red Bee Media Australia Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 18 May 2015. The application included a Statutory Declaration of Chris Howe made on behalf of the Employer and dated 18 May 2015 (the Declaration). The Declaration stated that the Agreement was made on 15 May 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The Fair Work Commission (the Commission) identified a number of issues relating to aspects of the application including the contents of certain terms contained in the Agreement, which required clarification. The Employer was advised of these concerns and invited to provide a response.

[4] The Commission has received correspondence dated 15 June 2015, from the Employer which included further material in support of the application together with Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings).

[5] 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 reviewed the contents of the Declaration, the further material in support of the application and the Undertakings. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[6] The application for approval was listed for Hearing in Chambers before the Commission on 17 June 2015. I note that the file has included a Statutory Declaration of Stuart Brewer-McCabe made on behalf of the CPSU, the Community and Public Sector Union (the CPSU), as an employee organisation in relation to the application.

[7] I note that the Agreement contains a flexibility term at clause 27 and a consultation term at clause 28.

[8] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms 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.

[9] The CPSU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the CPSU.

[10] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act it will operate from 24 June 2015. The nominal expiry date of the Agreement as proposed in clause 5.1 of the Agreement and amended in accordance with s.186 (5) of the Act, is 17 June 2019.

COMMISSIONER

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