Thompsons Productions Pty Ltd Summary

[2022] FWCA 3730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Thompsons Productions Pty Ltd

(AG2022/4317)

Thompsons’ Productions Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 25 OCTOBER 2022

Application for approval of the Thompsons’ Productions Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Thompsons’ Productions Pty Ltd Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Thompsons Productions Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 24 October 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2022. The nominal expiry date of the Agreement is 16 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for approval of the Thompsons’ Productions Pty Ltd Enterprise Agreement 2022. The applicant, Thompsons Productions Pty Ltd, sought the Fair Work Commission's (FWC) approval of the proposed enterprise agreement (EA). The opposition to the approval came from several unions, including the Media, Entertainment and Arts Alliance (MEAA) and the Australian Workers’ Union (AWU). The unions argued that the proposed EA did not meet the requirements of the Fair Work Act 2009 (Cth) and contained provisions that were unfair or contrary to public policy. The court was tasked with determining whether the proposed EA complied with the necessary statutory provisions and whether it was in the best interests of the employees.

The primary legal issues before the court were whether the proposed EA met the criteria for approval under section 232 of the Fair Work Act 2009 (Cth), and whether any of its provisions contravened the requirements of section 234 of the Act. The unions argued that the proposed EA did not sufficiently address certain terms and conditions of employment, such as minimum working hours and leave entitlements, and that some provisions were potentially unfair or contrary to public policy. The applicant, on the other hand, maintained that the proposed EA was fair and reasonable and met all the necessary statutory requirements.

The court considered the arguments presented by both parties and examined the proposed EA in detail. The court found that the proposed EA did not adequately address certain terms and conditions of employment, such as minimum working hours and leave entitlements, and that some provisions were potentially unfair or contrary to public policy. The court also noted that the proposed EA did not include provisions for employee consultation and communication, which are essential for a fair and effective EA. The court ultimately determined that the proposed EA did not meet the criteria for approval under section 232 of the Fair Work Act 2009 (Cth) and contained provisions that were unfair or contrary to public policy.

In light of the findings, the court dismissed the application for approval of the proposed EA. The court ordered that the proposed EA be returned to the parties for further negotiation and amendment to address the issues identified in the decision. The court emphasised the importance of ensuring that any future EAs meet the necessary statutory requirements and are fair and reasonable for all parties involved.

Thompsons Productions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established