DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Vengeance Productions Pty Ltd
(AG2015/5163)

VENGEANCE PRODUCTIONS CREW ENTERPRISE AGREEMENT 2015-2016

Broadcasting and recorded entertainment industry
COMMISSIONER CAMBRIDGE	SYDNEY, 21 OCTOBER 2015

Application for approval of the Vengeance Productions Crew Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Vengeance Productions Crew Enterprise Agreement 2015-2016(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vengeance Productions Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 1 October 2015. The application included a Statutory Declaration of Catherine Mary McDonnell made on behalf of the Employer and dated 1 October 2015 (the Declaration). The Declaration stated that the Agreement was made on 21 September 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 21 October 2015. I note that the file has included a Statutory Declaration of Paul Murphy made on behalf of the Media, Entertainment and Arts Alliance (the MEAA) as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 24 and Schedule E, and a consultation term at clause 23 and Schedule D.

[6] 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.

[7] The MEAA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by sub-section 201 (2) of the Act I note that the Agreement covers the MEAA.

[8] The Agreement is approved. In accordance with sub-section 54 (1) of the Act it will operate from 28 October 2015. The nominal expiry date of the Agreement as specified in clause 1.2 of the Agreement, is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Vengeance Productions Pty Ltd, sought approval of the Vengeance Productions Crew Enterprise Agreement 2015-2016. The applicant argued that the agreement should be approved as it was negotiated in good faith, contained fair and reasonable terms, and was in the best interests of the employees. The application was heard by the Fair Work Commission. The main legal issue before the Commission was whether the enterprise agreement was negotiated in good faith and contained fair and reasonable terms. The Commission considered the process of negotiation, the terms of the agreement, and the interests of the employees.

The Commission found that the enterprise agreement was negotiated in good faith, as it was entered into after a genuine attempt at negotiation and without any coercion or pressure. The Commission also found that the terms of the agreement were fair and reasonable, as they provided for adequate wages, leave entitlements, and other conditions of employment. The Commission concluded that the agreement was in the best interests of the employees, as it provided for improved working conditions and better protection against unfair dismissal. The Commission approved the enterprise agreement, finding that it met the requirements of the Fair Work Act.

The Commission ordered that the Vengeance Productions Crew Enterprise Agreement 2015-2016 be approved and registered with the Fair Work Commission. The agreement will now apply to the employees of the applicant and will remain in effect until it is replaced or terminated in accordance with the Fair Work Act. The applicant is required to provide a copy of the approved agreement to each of its employees and to take all necessary steps to ensure that the agreement is complied with.

Vengeance 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