Australian Entertainment Industry Association trading as Live Performance Australia Summary

[2022] FWCA 863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Entertainment Industry Association trading as Live Performance Australia

(AG2022/603)

Moulin Rouge! the Musical Casual Crew Collective Agreement 2022

Amusement, events and recreation industry
COMMISSIONER O'NEILL	MELBOURNE, 17 MARCH 2022

Application for approval of the Moulin Rouge! the Musical Casual Crew Collective Agreement 2022

Live Performance Australia has applied for approval of a greenfields agreement known as the Moulin Rouge! the Musical Casual Crew Collective Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 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 Media, Entertainment and Arts Alliance 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Media, Entertainment and Arts Alliance and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2022. The nominal expiry date of the Agreement is 1 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Moulin Rouge! the Musical Casual Crew Collective Agreement 2022, which was submitted by the Australian Entertainment Industry Association trading as Live Performance Australia. This agreement was negotiated between the Association and the employers represented by the Association. The dispute revolves around whether the agreement meets the statutory requirements for approval and if it provides fair and reasonable terms and conditions for the employees it covers.

The primary legal issues the Commission was required to address were whether the agreement complied with the relevant sections of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement covered a sufficient number of employees, if it was genuinely negotiated, and whether it provided for fair and reasonable terms and conditions. The Commission also had to consider if the agreement met the criteria for being a good faith bargaining agreement, including if it addressed key terms such as pay, hours of work, leave, and other working conditions.

In assessing these issues, the Commission examined the negotiation process and the content of the agreement. It found that the agreement was the result of genuine negotiations between the parties and that it covered a sufficient number of employees. The Commission also noted that the agreement provided for fair and reasonable terms and conditions, including provisions for pay rates, conditions of work, and other employment matters. The Commission concluded that the agreement met all the necessary statutory requirements and was in the public interest.

The Commission approved the Moulin Rouge! the Musical Casual Crew Collective Agreement 2022. The agreement will now be registered, and its terms will apply to the employees it covers. This decision ensures that the employees will benefit from the negotiated terms and conditions, providing certainty and stability in their employment arrangements.

Australian Entertainment Industry Association trading as Live Performance Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established