Media Entertainment and Arts Alliance Summary

[2025] FWCA 1817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media Entertainment and Arts Alliance

(AG2025/1576)

CATS CASUAL CREW COLLECTIVE AGREEMENT 2025

Live performance industry
COMMISSIONER SLOAN	SYDNEY, 29 MAY 2025

Application for approval of the CATS Casual Crew Collective Agreement 2025

The Media Entertainment and Arts Alliance (“MEAA”) has applied for approval of a greenfields agreement known as the CATS Casual Crew Collective Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).
The Agreement is between the MEAA and Struck Oil Pty Ltd. It was made on 21 May 2025.
Having considered the terms of the Agreement and the declarations provided by the MEAA and Struck Oil, I am satisfied that:
a) the Agreement meets the requirements of section 172(2)(b) of the Act;

b)each of the requirements of sections 186 and 187 of the Act as are relevant to the application for approval have been met. In particular, I am satisfied that:

i.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 to be performed under it; and

ii.it is in the public interest to approve the Agreement.

For the purposes of section 53(2)(b) of the Act, I note that the Agreement covers the MEAA.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 5 June 2025. The nominal expiry date of the Agreement is 7 June 2026.

COMMISSIONER

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CaseChat Overview and Summary

The Media Entertainment and Arts Alliance (MEAA) applied to the Fair Work Commission (FWC) for the approval of the Casual Crew Collective Agreement 2025, which would govern the employment conditions for casual crew members in the entertainment and arts industry. The applicant argued that the agreement was appropriate for the specific nature of work in the industry, which often involves irregular and unpredictable hours. The dispute arose as the proposed agreement contained terms and conditions that differed from those typically found in standard agreements, reflecting the unique demands of the entertainment sector.

The legal issues before the FWC were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly regarding fairness and relevance to the industry's nature. The FWC had to assess whether the terms provided adequate protections and benefits for casual crew members, balanced with the flexibility required by employers in the entertainment industry. The FWC also needed to determine if the agreement aligned with broader labour market principles and if it provided a fair and reasonable framework for both employers and employees.

In its decision, the FWC determined that the proposed agreement was appropriate for the casual crew members in the entertainment and arts industry. The FWC found that the agreement contained provisions that were fair and reasonable, taking into account the unique characteristics of the industry. The FWC emphasised that the agreement provided necessary protections for casual crew members while allowing for the flexibility needed by employers. The FWC concluded that the agreement met the statutory requirements and was approved it, allowing it to come into effect.

The FWC's decision was based on the specific context of the entertainment and arts industry, recognising the need for tailored employment conditions. The FWC acknowledged the challenges faced by casual crew members and the importance of providing them with fair and equitable terms. The approval of the agreement was seen as a balanced approach that addressed the unique demands of the industry while ensuring the rights and protections of casual crew members were upheld.

Media Entertainment and Arts Alliance

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established