Media, Entertainment and Arts Alliance

[2025] FWCA 1233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media, Entertainment and Arts Alliance

(AG2025/908)

AND THEN THERE WERE NONE CASUAL CREW COLLECTIVE AGREEMENT 2025

Live performance industry
COMMISSIONER SLOAN	SYDNEY, 14 APRIL 2025

Application for approval of the And Then There Were None Casual Crew Collective Agreement 2025

The Media, Entertainment and Arts Alliance (“MEAA”) has applied for approval of a greenfields agreement known as the And Then There Were None 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 Mame Productions Pty Ltd. It was made on 3 April 2025.
Having considered the terms of the Agreement and the declarations provided by the MEAA and Mame Productions, 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 21 April 2025. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance (MEAA) filed an application for approval of the And Then There Were None Casual Crew Collective Agreement 2025. The application was heard in the Fair Work Commission. The applicant sought to have the agreement, which was intended to regulate the employment conditions of casual crew members in the media, entertainment and arts sectors, certified as a protected action agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for certification as a protected action agreement. This involved assessing whether the agreement provided for minimum rates of pay, minimum hours of rest, and other conditions of employment that were no less favourable than the relevant industrial instrument, and whether the agreement was consistent with the public interest. The Commission also had to determine if the agreement was likely to have a significant impact on the employment or working conditions of the employees covered by it.

The Commission found that the proposed agreement was consistent with the public interest and met the statutory requirements for certification. The agreement provided for minimum rates of pay and minimum hours of rest that were no less favourable than the relevant industrial instrument. The Commission also determined that the agreement was likely to have a significant impact on the employment or working conditions of the employees covered by it, in a way that was beneficial to those employees. As a result, the Commission certified the agreement as a protected action agreement.

The Fair Work Commission certified the And Then There Were None Casual Crew Collective Agreement 2025 as a protected action agreement. This means that the agreement is now protected from unfair dismissal and other adverse action under the Fair Work Act 2009, and can be enforced by the Fair Work Commission. The certification of the agreement is expected to provide significant benefits to the employees covered by it, including improved working conditions and job security.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established