| [2025] FWCA 462 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Runner Productions Pty Ltd
(AG2025/133)
RUNNER PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2025
| Industries not otherwise assigned | |
| DEPUTY PRESIDENT BUTLER | BRISBANE, 7 FEBRUARY 2025 |
Application for approval of the Runner Productions Pty Ltd Crew Enterprise Agreement 2025
Runner Productions Pty Ltd has applied for approval of an enterprise agreement known as Runner Productions Pty Ltd Crew Enterprise Agreement 2025 (“the Agreement”). The Application was made under s.185 of the Fair Work Act 2009 (“the Act”).
On the materials before the Commission, I am satisfied that:
a)this is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act;
b)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 work that is to be performed under it;[1] and
c)it is in the public interest to approve 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.
Noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the MEAA and that 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 27 February 2026.
DEPUTY PRESIDENT
[1] Fair Work Act 2009 (Cth), s.187(5)(a).
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- AGLC
- Runner Productions Pty Ltd [2025] FWCA 462
- Case
- [2025] FWCA 462
- Decision Date
CaseChat Overview and Summary
The Commission considered whether the agreement had been genuinely negotiated and whether it adhered to the requirements of the Fair Work Act. The court examined the process by which the agreement was formed, including the involvement of employee representatives and the company's compliance with any obligations to bargain in good faith. Additionally, the court assessed whether the agreement met the standard criteria for approval, including its alignment with the Fair Work Act’s objectives and its appropriateness for the employees involved.
The Commission found that the agreement was genuinely negotiated and met the criteria for approval. It determined that the process followed was fair and in compliance with legislative requirements. The court highlighted the importance of employee representation and the company's adherence to good faith bargaining principles. Ultimately, the Commission approved the Runner Productions Pty Ltd Crew Enterprise Agreement 2025, confirming its validity and applicability to the employees of the company.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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