Application for approval of the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2026

[1] NF Ocean Productions Pty Ltd Trading As NF Ocean Productions Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the NF Ocean Productions Pty Ltd Crew Enterprise Agreement 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement. The Media, Entertainment and Arts Alliance (MEAA) acted as a bargaining representative and is an employee organisation covered by the Agreement.

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the 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. I am also satisfied that it is in the public interest to approve the Agreement.

National Employment Standards (NES) Precedence Term

[3] Clause 10.1(a) appears to indicate that employees can be summarily dismissed for 'any act of dishonesty or any act reasonably termed as serious misconduct'. It is unclear whether "any" act of dishonesty would necessarily fall within the meaning given to "serious misconduct" at s.123 of the Act and regulation 1.07 of the Fair Work Regulations 2009 (Cth). I note that in accordance with the NES precedence term in Clause 1.5 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

[4] The Agreement does not contain a delegates' rights term, as required by s.205A(1) of the Act. This also presents a concern that the Agreement does not meet the Better Off Overall Test (BOOT). The Employer provided an undertaking that the original Agreement term is replaced with the term in the undertaking, which reflects the recently amended workplace delegates' rights term contained in Clause 23A of the Broadcasting, Recorded Entertainment and Cinemas Award 2020. I am satisfied that the undertaking addresses this concern.

[5] The employer provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[6] Subject to the undertaking referred to above, and having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met.

[7] Pursuant to s.53(2)(b) of the Act, I note that Agreement was made with the MEAA and that the Agreement covers this organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2026. The nominal expiry date of the Agreement is 31 December 2026.

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