THE NF OCEAN PRODUCTIONS PTY LTD CREW ENTERPRISE AGREEMENT - EXTRACTION 3 2026 - 2027

Application for approval of the NF Ocean Productions Pty Ltd Crew Enterprise Agreement - Extraction 3 2026 - 2027

[1] This decision deals with an application made for approval of an enterprise agreement known as the NF Ocean Productions Pty Ltd Crew Enterprise Agreement - Extraction 3 2026 -2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by NF Ocean Productions Pty Ltd (the Applicant).

[2] The Agreement does not contain a delegates' rights term that is no less favourable than the modern award, pursuant to s.205A, and on that basis the term in the relevant modern award will apply and the delegates' rights term in the Agreement at clause 23A.9(a) will have no effect.

[3] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 3.1 - Maximum weekly hours

However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] In accordance with s. 187(5)(a) of the Act, I am satisfied that 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. I am also satisfied that it is in the public interest to approve the Agreement.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the MEAA and that the MEAA have lodged a Form F21 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the MEAA.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 23 March 2026. The nominal expiry date of the Agreement is 30 June 2027.

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