Application for approval of the Teardrop Prod AU Pty Ltd Crew Enterprise Agreement - 2025-2026

[1] This decision deals with an application made for approval of an enterprise agreement known as the Teardrop Prod AU Pty Ltd Crew Enterprise Agreement - 2025-2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Teardrop Prod Au Pty Ltd (the Applicant).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

[3] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] 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.

[5] Pursuant to s.190(3) of the Act, I accept the undertakings.

[6] Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

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

• Clause 3.1 - 50 or 60 hour week

• Clause 5.1 - Requirement to work reasonable overtime

• Clause 5.2 - Provision to agree additional 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.

[8] 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.

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

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

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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