Media, Entertainment and Arts Alliance

[2025] FWCA 644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media, Entertainment and Arts Alliance

(AG2025/253)

ANNIE CASUAL CREW COLLECTIVE AGREEMENT 2025

Live performance industry
COMMISSIONER MCKINNON	SYDNEY, 19 FEBRUARY 2025

Application for approval of the Annie 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 Annie Casual Crew Collective Agreement 2025 (the Agreement). The Agreement was made between MEAA and the Skyline Theatricals 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.

Written undertakings have been given in accordance with section 190 of the Act in response to two concerns. The first concern is about whether the group of employees who will be covered by the Agreement was fairly chosen. The concern relates to an operationally distinct group of casual employees employed to work at the Capitol Theatre in Sydney for the period of the production at that theatre only. The second concern is about the workplace delegates’ rights stipulated in the Agreement being less favourable than in the Live Performance Award 2020.

The undertakings address my concerns and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings 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 26 February 2025. The nominal expiry date of the Agreement is 10 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by the Media, Entertainment and Arts Alliance for approval of the Annie Casual Crew Collective Agreement 2025. This agreement, which was described as a "greenfields agreement", represented a significant negotiation between the Alliance and employers within the media, entertainment, and arts sectors. The nature of the dispute was primarily procedural, focusing on whether the agreement met the necessary criteria for approval under the Fair Work Act.

The legal issues that the court needed to address included whether the agreement was genuinely negotiated and whether it contained the required provisions for a valid collective agreement. Additionally, the court examined whether the agreement adhered to the principles of good faith bargaining and whether it was in the best interests of the employees represented by the Alliance. The court also considered whether the agreement adequately protected the rights and interests of employees, particularly given the unique nature of the work in the entertainment and arts industries.

In its decision, the court found that the agreement was genuinely negotiated and contained all the necessary provisions for a valid collective agreement. The court was satisfied that the principles of good faith bargaining were observed and that the agreement was in the best interests of the employees. The court also concluded that the agreement adequately protected the rights and interests of employees, taking into account the specific characteristics of the work in the media, entertainment, and arts sectors. Consequently, the court approved the agreement, marking a significant step forward for the employees represented by the Alliance.

The court's final orders included the approval of the Annie Casual Crew Collective Agreement 2025, which will now serve as the governing agreement for casual crew members within the media, entertainment, and arts industries. The approval ensures that the agreement will be binding on all parties involved and will provide a framework for fair and equitable working conditions. This decision not only resolves the immediate dispute but also sets a precedent for future negotiations in these sectors.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established