Warner Bros. Feature Productions Pty Limited

[2014] FWCA 2496

[2014] FWCA 2496

FAIR WORK COMMISSION

DECISION

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

Warner Bros. Feature Productions Pty Limited
(AG2014/5588)

SAN ANDREAS CREW ENTERPRISE AGREEMENT 2014

Broadcasting and recorded entertainment industry
COMMISSIONER CAMBRIDGE	SYDNEY, 14 APRIL 2014

Application for approval of the San Andreas Crew Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the San Andreas Crew Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warner Bros. Feature Productions Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 4 April 2014. The application included a Statutory Declaration of Louise Houston dated 3 April 2014 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 31 March 2014. 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 included further information in support of the approval of the Agreement which included an Undertaking made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertaking). Consequently I have further considered the application for approval having regard for the further information provided by the Employer and the Undertaking.

[5] The application for approval was listed for Hearing in Chambers before the Commission on 14 April 2014. I note that the file has included a Statutory Declaration of Christopher Warren made on behalf of the Media Entertainment and Arts Alliance (the MEAA), as an employee organisation in relation to the application.

[6] I note that the Agreement contains a flexibility term at clause 24 and a consultation term at clause 23.

[7] I am prepared to accept the Undertaking. As provided by s.191 of the Act, the Undertaking is taken to be a term of the Agreement. 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.

[8] 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 subsection 201 (2) of the Act I note that the Agreement covers the MEAA.

[9] The Agreement as varied by the Undertaking is approved. In accordance with subsection 54 (1) of the Act it will operate from 21 April 2014. The nominal expiry date of the Agreement as specified in clause 1.2 of the Agreement, is 31 December 2015.

COMMISSIONER

Undertaking:

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