Underdown Productions Pty Ltd

[2021] FWCA 3154

[2021] FWCA 3154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Underdown Productions Pty Ltd
(AG2021/5020)

UNDERDOWN PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2021 - 2024

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 JUNE 2021

Application for approval of the Underdown Productions Pty Ltd Crew Enterprise Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Underdown Productions Pty Ltd Crew Enterprise Agreement 2021 - 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The statutory declaration (form F17) filed with the application indicated that employees were notified of the time, place and method of voting on 16 April 2021. The vote to approve the Agreement commenced on 23 April 2021. This does not comply with the requirement in section 180(3) of the Act that the employer must take all reasonable steps to notify the relevant employees of the time, place and method of voting by the start of the access period (being the 7 clear days ending immediately before the day of the vote). The issue was raised with the applicant and on 27 May 2021, the applicant filed submissions addressing this issue.

[3] Having considered the applicant’s submissions filed on 27 May 2021 and all of the material filed with the application, in the circumstances, I am satisfied that having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 this constitutes a minor procedural or technical error for the purposes of paragraph 188(2)(a) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of subsection 188(2) of the Act.

[4] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[5] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[6] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[7] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[8] The Media, Entertainment and Arts Alliance being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 June 2021. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511685  PR730367>

Annexure A

 1  [2019] FWCFB 318