Screen Australia
[2024] FWCA 1531
•26 APRIL 2024
| [2024] FWCA 1531 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Screen Australia
(AG2024/1207)
SCREEN AUSTRALIA ENTERPRISE AGREEMENT 2024 - 2027
| Commonwealth employment | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 26 APRIL 2024 |
Application for approval of the Screen Australia Enterprise Agreement 2024-2027.
An application has been made for approval of an enterprise agreement known as the Screen Australia Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Screen Australia. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 27 February 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 28 March 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Applicant has raised that in Appendix A – Base Salaries at page 71 of the Agreement, the salary level descriptor ‘4.5’ in the salary level column was erroneously omitted from the table. The Applicant submits that the error falls within the meaning of an ‘obvious error’ under s. 218A of the Act, as the salary rates for level 4.5 are included in Appendix A but without the corresponding salary level descriptor. Additionally, all other salary levels in the table at Appendix A contain a salary level descriptor. The Applicant has sought that the Commission exercise its discretion pursuant to s. 218A of the Act to amend an obvious error, defect or irregularity. I am satisfied that the omission of the salary level descriptor 4.5 is an obvious error, defect or irregularity and I will amend the Agreement accordingly pursuant to s. 218A of the Act.
The Community and Public Sector Union and the Media, Entertainment and Arts Alliance being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2024. The nominal expiry date of the Agreement is 28 February 2027.
DEPUTY PRESIDENT
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