DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Thirteen Lives Productions Pty Ltd
(AG2020/3680)

THIRTEEN LIVES PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2020 - 2021

Broadcasting and recorded entertainment industry
COMMISSIONER HUNT	BRISBANE, 11 JANUARY 2021

Application for approval of the Thirteen Lives Productions Pty Ltd Crew Enterprise Agreement 2020 - 2021.

[1] Thirteen Lives Productions Pty Ltd (The Employer) has applied for approval of an enterprise agreement known as the Thirteen Lives Productions Pty Ltd Crew Enterprise Agreement 2020 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Media, Entertainment and Arts Alliance (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. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the MEAA and that the Agreement covers it.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2021. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Thirteen Lives Productions Pty Ltd applied for the approval of the Thirteen Lives Productions Pty Ltd Crew Enterprise Agreement 2020 - 2021. The applicant argued that the agreement met the necessary requirements under the Fair Work Act 2009. The dispute centred around whether the agreement complied with the provisions of the Act, particularly in relation to minimum wages, employee entitlements, and procedural fairness in its negotiation.

The central legal issues were whether the agreement was genuinely negotiated, free from coercion and undue influence, and whether it provided for minimum terms and conditions of employment as prescribed by the Act. The Commission had to assess the fairness and adequacy of the agreement's provisions, ensuring it did not disadvantage employees and complied with statutory obligations.

The Commission found that the agreement was genuinely negotiated and free from any improper influence. It concluded that the agreement contained all the required minimum terms and conditions and was fair and reasonable. The applicant had demonstrated that the agreement was negotiated in good faith, with adequate consultation and participation from employees. The Commission approved the agreement, finding it met the necessary legal standards under the Fair Work Act 2009. The decision was based on the evidence provided and the compliance of the agreement with relevant statutory requirements.

Thirteen Lives 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