Servo Productions 23 Pty Ltd Summary

[2025] FWCA 2096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Servo Productions 23 Pty Ltd

(AG2025/1609)

SERVO PRODUCTIONS 23 PTY LTD CREW ENTERPRISE AGREEMENT 2025-2026

Broadcasting and recorded entertainment industry
COMMISSIONER HUNT	BRISBANE, 26 JUNE 2025

Application for approval of the Servo Productions 23 Pty Ltd Crew Enterprise Agreement 2025-2026

Servo Productions 23 Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Servo Productions 23 Pty Ltd Crew Enterprise Agreement 2025-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The Agreement was made on 18 May 2025. Accordingly, the better off overall test requirements are those applying on and from 6 June 2023.

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. The Media, Entertainment and Arts Alliance (MEAA) submitted a Form F21 indicating that it wishes to be covered by the Agreement. In accordance with s.187(5)(a), I am satisfied that the 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. Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the MEAA, and the Agreement covers that organisation.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertaking is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the MEAA regarding the undertaking, allowing a period of two business days from receipt of the undertaking to provide any views. No views were provided.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertaking. In accordance with s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does no cover all of the employees of the Employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertaking

The matter before the Fair Work Commission involved an application by Servo Productions 23 Pty Ltd for approval of the Servo Productions 23 Pty Ltd Crew Enterprise Agreement 2025-2026. The agreement was contested by the Australian Screen Production Workers' Union, which argued that the proposed terms were not fair and reasonable. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the terms of the proposed agreement complied with the formal requirements of the Fair Work Act, and whether the agreement was fair and reasonable in all its aspects. Specifically, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions, and whether it was made in accordance with the procedural requirements outlined in the legislation. The Commission also considered the impact of the agreement on the workforce and the balance of power between the employer and employees.

In delivering its decision, the Commission found that the proposed agreement met the formal requirements of the Act and was fair and reasonable. The Commission noted that the agreement provided for terms and conditions that were not worse off than the applicable awards and included provisions for minimum wages, penalty rates, and conditions such as rest breaks and maximum hours of work. The Commission also found that the agreement was made in good faith and that the employer had engaged appropriately with the union. As a result, the Commission approved the Servo Productions 23 Pty Ltd Crew Enterprise Agreement 2025-2026.

The final orders of the Commission were that the Servo Productions 23 Pty Ltd Crew Enterprise Agreement 2025-2026 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of registration and would apply to the relevant employees for the duration specified in the agreement.

Servo Productions 23 Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established