DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warner Bros. Feature Productions Pty Ltd
(AG2019/1925)

WARNER BROS. FEATURE PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT 2019-2022

Broadcasting and recorded entertainment industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 SEPTEMBER 2019

Application for approval of the Warner Bros. Feature Productions Pty Ltd Crew Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Warner Bros. Feature Productions Pty Ltd Crew Enterprise Agreement 2019-2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.

[2] 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.

[3] 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.

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

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

[6] Based on the statutory declaration provided by the organisation, I am satisfied that the Media, Entertainment and Arts Alliance, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Warner Bros. Feature Productions Pty Ltd, the applicant, sought approval for the Warner Bros. Feature Productions Pty Ltd Crew Enterprise Agreement 2019-2022 from the Fair Work Commission, which was heard in the Federal Circuit and Family Court of Australia. The agreement was intended to regulate the terms and conditions of employment for crew members within the company. The application was contested by the Australian Film and Television School Alumni Association, the Australian Film Writers Guild, and the Australian Screen Directors Guild, who argued that the agreement did not adequately represent the interests of the employees.

The central legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided fair and reasonable terms for the employees. This involved examining the agreement's provisions to ensure they met the criteria for being a "registerable" agreement, including whether it was made by an employer and an employee organisation, and if it covered the employees' terms and conditions of employment. The court also needed to consider whether the agreement was free from prohibited content, provided for a proper dispute resolution process, and allowed for fair and reasonable terms.

The court found that the agreement met all the necessary criteria and was in the best interests of the employees. The agreement was made by an employer and an employee organisation, it covered the terms and conditions of employment, and it did not contain any prohibited content. The court was satisfied that the agreement provided for an appropriate dispute resolution process and that the terms and conditions were fair and reasonable. The court noted the parties' extensive negotiations and the agreement's attempt to balance the needs of both employers and employees. Consequently, the court approved the agreement, and it will now be registered with the Fair Work Commission.

The final orders of the court were that the Warner Bros. Feature Productions Pty Ltd Crew Enterprise Agreement 2019-2022 be approved and registered with the Fair Work Commission. This decision ensures that the agreement will be legally binding on the parties and will govern the terms and conditions of employment for the crew members within the company. The registration of the agreement provides a level of certainty and stability for both employers and employees, and it facilitates the resolution of any future disputes that may arise under the agreement.

Warner Bros. Feature 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