SPAW Productions Pty Ltd

Case

[2025] FWCA 96

10 JANUARY 2025


[2025] FWCA 96

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

SPAW Productions Pty Ltd

(AG2024/5012)

MEAA – SPAW PRODUCTIONS PTY LTD CREW OFFSHORE FILM AGREEMENT 2024

Broadcasting and recorded entertainment industry

COMMISSIONER P RYAN

SYDNEY, 10 JANUARY 2025

Application for approval of the MEAA – SPAW Productions Pty Ltd Crew Offshore Film Agreement 2024

  1. An application has been made for approval of a greenfields agreement known as the MEAA – SPAW Productions Pty Ltd Crew Offshore Film Agreement 2024 (Agreement). The application was made by SPAW Productions Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (FW Act).

  1. 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 FW Act;

(b) In accordance with s.187(5)(a) of the FW Act, 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; and

(c)   That it is in the public interest to approve the Agreement.

Sections 186, 187 and 188

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Applicant’s responses to issues raised.

National Employment Standards

  1. I observe that clause 1.5 of the Agreement provides that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 53 Coverage

  1. Pursuant to s.53(2)(b) of the FW Act I note the Agreement was made with the MEAA and that the Agreement covers the MEAA.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 17 January 2025. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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