DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thompsons Productions Pty Ltd
(AG2019/566)

THOMPSONS' PRODUCTIONS PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 MAY 2019

Application for approval of the Thompsons' Productions Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Thompsons’ Productions Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thompsons 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2019. The nominal expiry date of the Agreement is 16 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thompsons Productions Pty Ltd sought approval of their Enterprise Agreement 2019 from the Fair Work Commission. The applicant, a media production company, had negotiated the agreement with the Media Entertainment and Arts Alliance. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009. Specifically, the issues were whether the agreement complied with the requirements for "genuine agreement" and whether it contained "pay and conditions that are no worse off" than the relevant award or safety net.

The court examined the negotiation process and the contents of the agreement to determine its compliance with the Act. It considered the fairness of the agreement's provisions, the extent of consultation between the parties, and whether the agreement provided appropriate protections for employees. The applicant provided evidence of extensive negotiations and the union's endorsement of the agreement, which indicated a genuine agreement. The court also scrutinised the pay rates and conditions to ensure they were not worse off than the minimum standards set by the relevant award.

Ultimately, the court found that the negotiation process was fair, and the agreement was genuinely negotiated. It also found that the pay and conditions were not worse off than the relevant award or safety net. The court approved the Enterprise Agreement 2019, subject to certain modifications to address minor deficiencies in the agreement's compliance with the Act. These modifications included clarifications on the calculation of overtime and provisions for dispute resolution.

Thompsons 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