DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stargirl Productions Pty Ltd
(AG2021/5837)

STARGIRL PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2021 - 2022

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT DEAN	CANBERRA, 7 JULY 2021

Application for approval of the Stargirl Productions Pty Ltd Crew Enterprise Agreement 2021 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Stargirl Productions Pty Ltd Crew Enterprise Agreement 2021 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stargirl Productions Pty Ltd. 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 Media Entertainment & Arts Alliance, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s 54, will operate from 14 July 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Stargirl Productions Pty Ltd, the applicant sought approval for the Crew Enterprise Agreement 2021-2022. The dispute before the Fair Work Commission (FWC) revolved around whether the terms and conditions outlined in the proposed agreement met the criteria for formal approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, having been negotiated in good faith and meeting the needs of the employees and the business.

The primary legal issue before the Commission was whether the proposed enterprise agreement satisfied the requirements set out in the Fair Work Act, particularly sections 228 and 233. These sections mandate that agreements be negotiated in good faith and that they provide for matters such as minimum rates of pay, classification of employees, and other terms and conditions of employment. Additionally, the Commission needed to determine if the agreement met the "better off overall test" under section 230 of the Act, ensuring that no party to the agreement was worse off than they would have been under their existing conditions.

The Commission considered the evidence presented by both the applicant and the relevant unions. It examined whether the agreement had been negotiated in good faith, taking into account the economic climate, the bargaining power of the parties, and the provisions of the agreement itself. The Commission also assessed whether the agreement provided for matters that were appropriate for inclusion in an enterprise agreement and whether it met the better off overall test. After reviewing the submissions and the evidence, the Commission found that the agreement met all necessary criteria and was fair and reasonable. Consequently, the application for approval was granted.

In its decision, the Commission approved the Stargirl Productions Pty Ltd Crew Enterprise Agreement 2021-2022, effective from the date of the decision. This approval signifies that the terms and conditions set out in the agreement are to be implemented and will govern the employment conditions of the relevant employees for the specified period.

Stargirl Productions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established