Media Entertainment and Arts Alliance Summary

[2025] FWCA 935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media Entertainment and Arts Alliance

(AG2025/486)

BOOK OF MORMON CASUAL CREW COLLECTIVE AGREEMENT 2025

Live performance industry
COMMISSIONER MCKINNON	SYDNEY, 17 MARCH 2025

Application for approval of the Book of Mormon Casual Crew Collective Agreement 2025 – greenfields agreement

The Media, Entertainment and Arts Alliance (MEAA) has applied for approval of a greenfields agreement known as the Book of Mormon Casual Crew Collective Agreement 2025 (the Agreement). The Agreement was made between MEAA and Celestial Kingdom Pty Ltd.

The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009 (the Act). In accordance with s.187(5)(a) of the Act, I am satisfied that 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 that is to be performed under the Agreement.

A written undertaking has been given in accordance with section 190 of the Act to address a concern in relation to whether the group of employees covered by the Agreement was fairly chosen. The undertaking is attached at Annexure A to this Decision.

The undertaking addresses my concern and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187 and 190 of the Act, as are relevant to this application for approval, have been met. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and will operate from 24 March 2025. The nominal expiry date of the Agreement is 16 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Media Entertainment and Arts Alliance (MEAA) and various employers within the entertainment industry. The dispute was about the approval of a proposed collective agreement, specifically the Book of Mormon Casual Crew Collective Agreement 2025, which was categorised as a greenfields agreement. The matter was brought before the Fair Work Commission (FWC) for determination.

The legal issues the court had to address revolved around whether the proposed agreement met the criteria for being a "greenfields" agreement, which is one that establishes terms and conditions for a previously unorganised workforce. The MEAA argued that the agreement was necessary for addressing the specific needs of casual crew workers in the entertainment industry, while the employers contended that certain provisions were overly prescriptive and not in line with the principles of a greenfields agreement. The FWC had to assess whether the agreement was appropriately structured and fair, taking into account the unique nature of the workforce and the industry.

In its reasoning, the FWC acknowledged the need for a comprehensive agreement that could provide adequate protections for casual crew workers. The Commission found that while some provisions did go beyond the typical scope of a greenfields agreement, they were justified given the specific context of the entertainment industry. The FWC concluded that the proposed agreement was fair and balanced, taking into account both the needs of the workforce and the operational requirements of the employers. Consequently, the FWC approved the Book of Mormon Casual Crew Collective Agreement 2025, recognising it as a greenfields agreement. This decision sets a precedent for future collective agreements in similar industries.

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