Screen Australia Summary

[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

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Screen Australia sought approval for the Screen Australia Enterprise Agreement 2024-2027. The dispute involved the terms and conditions of employment for its employees, which were to be governed by this agreement. The Commission was tasked with determining whether the agreement met the legal standards set for enterprise agreements under the Fair Work Act 2009. Specifically, it had to assess if the agreement complied with the 'better off overall test', ensuring that no employee would be worse off financially, and that at least one employee would be better off overall.

The primary legal issues centred on whether the proposed agreement provided for terms and conditions that were fair and reasonable, and if it satisfied the statutory requirements for approval. The Commission examined the agreement's provisions concerning wages, hours of work, leave entitlements, and other employment conditions. It also evaluated whether the agreement appropriately balanced the interests of the employer and employees, and if it met the minimum standards prescribed by the Fair Work Act.

After thorough deliberation, the Commission found that the Screen Australia Enterprise Agreement 2024-2027 met all the necessary legal criteria for approval. It was deemed to be fair and reasonable, with provisions that adequately protected the interests of employees while allowing the employer to operate effectively. The agreement was approved, ensuring that it would serve as a binding framework for the employment relationship between Screen Australia and its staff.

Screen Australia

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