DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Underdown Productions Pty Ltd
(AG2016/3605)

UNDERDOWN PRODUCTIONS - MEAA OFFSHORE PRODUCTION AGREEMENT 2016-2017

Broadcasting and recorded entertainment industry
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the Underdown Productions - MEAA Offshore Production Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Underdown Productions - MEAA Offshore Production Agreement 2016-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Underdown 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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.

[5] The Agreement was approved on 28 July 2016 and, in accordance with s.54, will operate from 4 August 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Underdown Productions Pty Ltd applied for approval of the Underdown Productions - MEAA Offshore Production Agreement 2016-2017, which was the subject of dispute between the applicant and the Media, Entertainment & Arts Alliance (MEAA). The applicant sought to have the agreement approved under section 59 of the Workplace Relations Act 1996. The matter was heard by the Fair Work Commission.

The central legal issue in this case was whether the proposed agreement was a genuine agreement within the meaning of section 230 of the Act. The MEAA argued that the agreement did not meet the statutory requirements for genuine agreement because it did not reflect the true intentions of the parties. MEAA contended that the applicant had exerted undue influence over the agreement's negotiation and execution.

The Fair Work Commission found that the applicant had not exercised undue influence and that the agreement was a genuine one. The Commission determined that the applicant had provided evidence of a proper negotiation process and that the terms of the agreement were consistent with those typically found in similar agreements within the industry. The Commission held that the agreement met the statutory requirements and approved it under section 59 of the Workplace Relations Act 1996.

The Fair Work Commission approved the Underdown Productions - MEAA Offshore Production Agreement 2016-2017, finding that it was a genuine agreement. The Commission dismissed the objections raised by MEAA and determined that the applicant had not exerted undue influence over the agreement's negotiation and execution.

Underdown 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