GFO Entertainment Pty Ltd Summary

[2013] FWCA 522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

GFO Entertainment Pty Ltd
(AG2013/73)

DRIVING MISS DAISY PERFORMERS' COLLECTIVE AGREEMENT

Live performance industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 22 JANUARY 2013

Application for approval of the Driving Miss Daisy Performers' Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Driving Miss Daisy Performers' Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Media, Entertainment and Arts Alliance (MEAA), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 29 January 2013. The nominal expiry date of the Agreement is 31 December 2013.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GFO Entertainment Pty Ltd applied to the Fair Work Commission for approval of the Driving Miss Daisy Performers' Collective Agreement. The dispute centred on whether the proposed agreement was fair and reasonable, and whether it complied with the relevant statutory provisions. The Fair Work Commission was tasked with determining these issues. The legal issues before the Commission involved assessing the fairness and reasonableness of the agreement and ensuring it met the criteria set out in the Fair Work Act 2009. The Commission considered various factors, including the terms and conditions of employment, the balance of rights and obligations, and the overall fairness of the agreement.

In its reasoning, the Commission noted that the agreement contained provisions that were beneficial to both parties, including clear definitions of roles and responsibilities, provisions for dispute resolution, and clauses addressing remuneration and working conditions. The Commission found that the agreement was reasonably balanced and did not unduly favour one party over the other. The Commission also found that the agreement complied with the statutory requirements and was fair and reasonable in all the circumstances. Consequently, the Commission approved the agreement, recognising its balanced approach and adherence to the legal standards.

The Commission's decision was based on a thorough analysis of the agreement's provisions and their implications for both parties. The Commission's approval of the agreement signifies its endorsement of the terms negotiated by the parties, highlighting the importance of fair and reasonable collective bargaining agreements in the workplace. The final orders of the Commission were that the Driving Miss Daisy Performers' Collective Agreement be approved as a registered agreement under the Fair Work Act 2009. This decision provides certainty and clarity for the parties involved, ensuring that the agreement is legally binding and enforceable.

GFO Entertainment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established