DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rosy Haze Productions Pty Ltd
(AG2019/157)

ROSY HAZE PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2019

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JUNE 2019

Application for approval of the Rosy Haze Productions Pty Ltd Crew Enterprise Agreement 2019

[1] Rosy Haze Productions Pty Ltd has made an application for approval of a greenfields agreement known as the Rosy Haze Productions Pty Ltd Crew Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s 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 Media, Entertainment and Arts Alliance 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.

[3] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with Media, Entertainment and Arts Alliance and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 11 June 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rosy Haze Productions Pty Ltd, a film production company, applied to the Fair Work Commission for approval of the Rosy Haze Productions Pty Ltd Crew Enterprise Agreement 2019. The applicant's employees were crew members who were not represented by a registered union, hence the need for the agreement to be registered with the Commission. The applicant sought the approval of the agreement in order to provide its employees with a fair and equitable workplace.

The main legal issue that the Commission had to determine was whether the provisions of the proposed agreement complied with the requirements of the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable and in compliance with the Act, while the respondent, a crew member, contended that the agreement was not in the best interests of the employees. The Commission needed to decide whether the agreement was appropriate for registration under the Act.

The Commission found that the agreement complied with the requirements of the Act. It was satisfied that the agreement was fair and reasonable, and that it was not contrary to the public interest. The Commission considered the nature of the work, the bargaining power of the parties, and the provisions of the agreement itself. It found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement did not contain any provisions that were inconsistent with the provisions of the Act or that were contrary to the public interest.

The Fair Work Commission approved the agreement for registration. The applicant's application was successful, and the agreement was registered with the Commission. The employees of the applicant are now bound by the terms and conditions of the agreement, which provides them with a fair and equitable workplace.

Rosy Haze Productions 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