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austlii:cth/FWCA/2023/1340
procedural. The Essential Media Communications Agreement 2022 was approved. The undertakings dated 10 May 2023 were accepted and become terms of the Agreement. The Agreement covers the Media, Entertainment...
The Fair Work Commission approved an enterprise agreement for Essential Media Communications Pty Ltd. The employer provided written undertakings to address compliance issues, which the Commission accepted after being satisfied they wouldn't disadvantage employees compared to relevant awards. The Media, Entertainment and Arts Alliance, as a bargaining representative, was noted as covered by the agreement. The agreement meets all statutory requirements and will operate from 17 May 2023 until 30 June 2026, with the National Employment Standards prevailing over any inconsistent terms.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
THE ESSENTIAL MEDIA COMMUNICATIONS AGREEMENT 2022
Application for approval of The Essential Media Communications Agreement 2022
[1] An application has been made for approval of an enterprise agreement to be known as The Essential Media Communications Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Essential Media Communications Pty Ltd (Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings dated 10 May 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Clerks - Private Sector Award 2020 and Miscellaneous Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2023. The nominal expiry date of the Agreement is 30 June 2026.
Printed by authority of the Commonwealth Government Printer
The Essential Media Communications Agreement 2022 was approved. The undertakings dated 10 May 2023 were accepted and become terms of the Agreement. The Agreement covers the Media, Entertainment and Arts Alliance. The Agreement will operate from 17 May 2023 with a nominal expiry date of 30 June 2026.