Royal Blue Productions Pty Ltd Summary

[2024] FWCA 2503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Royal Blue Productions Pty Ltd

(AG2024/2283)

ROYAL BLUE PRODUCTIONS (ABN 13 678 189 941) CREW ENTERPRISE AGREEMENT 2024

Broadcasting and recorded entertainment industry
COMMISSIONER DURHAM	BRISBANE, 5 JULY 2024

Application for approval of the Royal Blue Productions (ABN 13 678 189 941) Crew Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Royal Blue Productions (ABN 13 678 189 941) Crew Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Blue Productions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided and clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Media Entertainment and Arts Alliance (MEAA) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the MEAA.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

Royal Blue Productions Pty Ltd, an applicant, sought the approval of the Crew Enterprise Agreement 2024 from the Fair Work Commission. The agreement in question was proposed for a workforce employed in the film production industry, and it was argued that it provided for fair and reasonable terms and conditions of employment. The Fair Work Commission was the court tasked with evaluating the fairness and reasonableness of the proposed agreement under the Fair Work Act 2009.

The legal issues before the court were whether the terms of the Crew Enterprise Agreement 2024 were fair and reasonable, and whether the agreement complied with the requirements of the Fair Work Act 2009. The commission needed to determine if the agreement met the 'better off overall test' and if it contained provisions that were consistent with the Fair Work Act’s objectives, including provisions relating to minimum wages, leave entitlements, and other employment conditions.

The Fair Work Commission found that the Crew Enterprise Agreement 2024 met the 'better off overall test' and was fair and reasonable. The commission considered various factors, including the economic circumstances of the parties, the nature of the industry, and the terms and conditions of employment provided in the agreement. The commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and it approved the Crew Enterprise Agreement 2024. The commission also noted that the agreement contained provisions consistent with the objectives of the Fair Work Act 2009.

The final orders made by the Fair Work Commission were that the Crew Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009. The agreement would now be applicable to the employees of Royal Blue Productions Pty Ltd, and the terms and conditions of employment would be governed by the approved agreement.

Royal Blue Productions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established