DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Screen Australia
(AG2016/7899)

SCREEN AUSTRALIA ENTERPRISE AGREEMENT 2016-2019

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 MARCH 2017

Application for approval of the Screen Australia Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Screen Australia Enterprise Agreement 2016-2019 (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.

[2] 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.

[3] The CPSU, 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2017. The nominal expiry date of the Agreement is 14 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Screen Australia sought approval for the Enterprise Agreement 2016-2019, which it had negotiated with its employees. The agreement proposed a range of terms and conditions for various employee groups, including those classified under the Motion Picture Industry Award. The Australian Council of Trade Unions and the Media, Entertainment and Arts Alliance, acting on behalf of certain employees, filed objections to the proposed agreement. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly regarding the classification of employees and the terms of employment.

The primary legal issue before the Commission was whether the proposed agreement appropriately classified employees and adhered to the statutory requirements for fair and reasonable terms. The objectors argued that certain classifications and provisions within the agreement did not meet the standards set by the Fair Work Act, and that the agreement failed to provide adequate protections for employees, particularly in relation to casual employment and wage rates. The Commission had to determine if the proposed agreement met the criteria for "genuine agreement" and whether it was fair and reasonable in all its aspects.

In its decision, the Commission found that the proposed agreement did not appropriately classify some employees, particularly casual employees, in accordance with the Fair Work Act. The Commission also identified issues with the proposed terms and conditions, finding that they did not adequately protect employee rights and interests. Consequently, the Commission did not approve the proposed agreement. Instead, it made orders to ensure that the terms and conditions of employment for the relevant employees were protected and that the agreement was fair and reasonable. The Commission mandated that the classification and wage rates for casual employees be adjusted to comply with the award and set specific terms for the agreement to be considered further.

Screen Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established