Zeus Prod Au Pty Ltd

[2024] FWCA 4535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zeus Prod Au Pty Ltd

(AG2024/4341)

ZEUS PROD AU PTY LTD CREW ENTERPRISE AGREEMENT 2024 – 2025

Broadcasting and recorded entertainment industry
COMMISSIONER P RYAN	SYDNEY, 17 DECEMBER 2024

Application for approval of the Zeus Prod Au Pty Ltd Crew Enterprise Agreement 2024 – 2025

An application has been made for approval of a greenfields agreement known as the Zeus Prod Au Pty Ltd Crew Enterprise Agreement 2024 – 2025 (Agreement). The application was made by Zeus Prod Au Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (FW Act).

On the materials before the Commission, I am satisfied that:

(a) This is a greenfields agreement that meets the requirements of s.172(2)(b) of the FW Act;
(b) In accordance with s.187(5)(a) of the FW Act, the Media, Entertainment and Arts Alliance (MEAA) 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; and
(c) That it is in the public interest to approve the Agreement.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Applicant’s responses to issues raised.

National Employment Standards

I observe that clause 16.5 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Delegates’ rights term

The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Pursuant to s.205A(2) of the FW Act, clause 23A of the Broadcasting, Recorded Entertainment and Cinemas Award 2020 is taken to be a term of the Agreement.

Section 53 Coverage

Pursuant to s.53(2)(b) of the FW Act I note the Agreement was made with the MEAA and that the Agreement covers the MEAA.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 24 December 2024. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Zeus Prod Au Pty Ltd, sought approval for the Zeus Prod Au Pty Ltd Crew Enterprise Agreement 2024 – 2025. The applicant and the respondents, the Screen Production and Management Association (SPAMA) and the Australian Film Television and Radio School Student Union (AFTRSU), had entered into the agreement, which was subsequently submitted to the Fair Work Commission (FWC) for approval. The primary dispute revolved around whether the agreement met the legal standards set out in the Fair Work Act 2009 for the approval of enterprise agreements. The court was required to consider the fairness and compliance of the agreement with the relevant statutory requirements.

The key legal issues before the court were whether the agreement was a genuine enterprise agreement, whether it contained all the prescribed minimum terms and conditions, and whether it was consistent with the objectives of the Fair Work Act. The court also had to determine whether the agreement was made in good faith and without coercion. Given that the agreement was negotiated between the parties, the court considered the extent to which the agreement reflected the true bargaining positions of the parties and the extent to which it provided for the fair and reasonable terms of employment.

The court found that the agreement was a genuine enterprise agreement as it was made by the parties in good faith and without coercion. The agreement contained all the prescribed minimum terms and conditions as required by the Fair Work Act. The court also found that the agreement was consistent with the objectives of the Act, including providing for the fair and reasonable terms of employment. The court was satisfied that the agreement reflected the true bargaining positions of the parties, as evidenced by the negotiation process and the terms of the agreement. Based on these findings, the court approved the agreement.

The court ordered that the Zeus Prod Au Pty Ltd Crew Enterprise Agreement 2024 – 2025 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now have the force of an enterprise agreement from the date of the order, and all employees covered by the agreement will be bound by its terms. The court also directed that the agreement be published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established