Warner Bros. Feature Productions Pty Limited Summary

[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:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Warner Bros. Feature Productions Pty Limited applied to the Fair Work Commission for the approval of the San Andreas Crew Enterprise Agreement 2014. The application arose from negotiations between Warner Bros. and the relevant unions representing employees, seeking to establish terms and conditions of employment for crew members involved in the production of the film San Andreas. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The central legal issue before the Commission was whether the proposed agreement provided a safety net of minimum entitlements that were no less favourable than the applicable awards or registered agreements, and whether it was fair and appropriate in all its terms. Additionally, the Commission had to consider if the agreement facilitated efficient and productive workplace relations, and whether it was appropriately tailored to the specific needs and circumstances of the crew involved in film production.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act 2009. It provided a safety net of minimum entitlements that were at least as favourable as the applicable awards or registered agreements. The Commission also determined that the agreement facilitated efficient and productive workplace relations and was appropriately tailored to the specific needs and circumstances of the crew members. The Commission was satisfied that the agreement was fair and appropriate in all its terms, taking into account the unique nature of film production and the need for flexibility to accommodate the fast-paced and dynamic work environment.

The Fair Work Commission approved the San Andreas Crew Enterprise Agreement 2014, effective from the date of the decision. The approval ensures that the terms and conditions of employment for crew members involved in the production of the film San Andreas are governed by the agreed-upon provisions, providing a fair and appropriate framework for the industry.

Warner Bros. Feature Productions Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established