Titan Productions Australia Pty Ltd & Media, Entertainment and Arts Alliance

[2016] FWCA 764

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Titan Productions Australia Pty Ltd
(AG2015/7772)
TITAN PRODUCTIONS AUSTRALIA CREW ENTERPRISE
AGREEMENT 2015-2016
Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 4 FEBRUARY 2016

Application for approval of the Titan Productions Australia Crew Enterprise Agreement

2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the

Titan Productions Australia Crew Enterprise Agreement 2015-2016. The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Titan

Productions Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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

them. In accordance with s.201(2) of the Act, I note that the Agreement covers this

organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are

relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

11 February 2016. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has considered an application for approval of the Titan Productions Australia Crew Enterprise Agreement 2015-2016. The application was lodged by Titan Productions Australia Pty Ltd under section 185 of the Fair Work Act 2009. The Media, Entertainment and Arts Alliance, acting as a bargaining representative for the agreement, has expressed its desire for the agreement to apply to its members, as required by section 183 of the Act.

The primary legal issues the court needed to address were whether the agreement met the necessary criteria for approval under sections 186, 187, and 188 of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a genuine bargain, was made in good faith, and met the requirements for a single-enterprise agreement. The court also needed to ensure that the agreement provided for the proper protection of employees' rights and interests.

After reviewing the application and the agreement, the court found that all relevant criteria were met. The agreement was deemed to be a genuine bargain, made in good faith, and satisfied the requirements of a single-enterprise agreement. The court further found that the agreement provided adequate protection for the employees' rights and interests. Consequently, the court approved the agreement, which will take effect from 11 February 2016. The nominal expiry date of the agreement is set for 31 December 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established