DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thoroughbred Racing Productions (Vic) Pty Ltd
(AG2016/6424)

THOROUGHBRED RACING PRODUCTIONS (VIC) PTY LTD AND MEDIA, ENTERTAINMENT AND ARTS ALLIANCE ENTERPRISE AGREEMENT 2016 - 2019

Broadcasting and recorded entertainment industry
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2016

Application for approval of the Thoroughbred Racing Productions (Vic) Pty Ltd and Media, Entertainment and Arts Alliance Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Thoroughbred Racing Productions (Vic) Pty Ltd and Media, Entertainment and Arts Alliance Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thoroughbred Racing Productions (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Media, Entertainment and 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Thoroughbred Racing Productions (Vic) Pty Ltd and the Media, Entertainment and Arts Alliance. The company sought approval for its Enterprise Agreement, which had been negotiated with the union. The case centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement was in compliance with the provisions of the Act, particularly concerning the process by which the agreement was reached and whether it contained mandatory terms that were fair and reasonable.

The central legal issues that the Commission had to resolve included whether the agreement was genuinely negotiated, if the necessary procedural steps were followed, and whether the terms of the agreement were fair and reasonable. The company argued that the agreement was the result of good faith bargaining and met all the legal requirements for approval. The union, on the other hand, contested the validity of the process and questioned the fairness of certain terms within the agreement. The Commission needed to examine the evidence presented by both parties to ascertain the legitimacy of the negotiation process and the reasonableness of the terms stipulated in the agreement.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated in good faith and that the company had followed the necessary procedural steps to reach the agreement. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the complexities of the industry and the bargaining positions of both parties. Consequently, the Commission approved the Thoroughbred Racing Productions (Vic) Pty Ltd and Media, Entertainment and Arts Alliance Enterprise Agreement 2016 - 2019. The approval was contingent upon the company adhering to the terms and conditions outlined in the agreement, and the union and the company being bound by the agreement for the duration specified.

Thoroughbred Racing Productions (Vic) 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