Media, Entertainment and Arts Alliance Summary

[2024] FWCA 3950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media, Entertainment and Arts Alliance

(AG2024/4052)

JESUS CHRIST SUPERSTAR CASUAL CREW COLLECTIVE AGREEMENT 2024

Live performance industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 12 NOVEMBER 2024

Application for approval of the Jesus Christ Superstar Casual Crew Collective Agreement 2024

An application has been made by the Media, Entertainment and Arts Alliance (MEAA) for approval of an enterprise agreement known as the Jesus Christ Superstar Casual Crew Collective Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. MEAA acted as a bargaining representative and is an employee organisation covered by the Agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The Agreement was made on 3 October 2024. Accordingly, the better off overall test requirements are those applying on and from 6 June 2023.

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that 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 it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the MEAA and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2024. The nominal expiry date of the Agreement is 1 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance (MEAA) sought approval of the Jesus Christ Superstar Casual Crew Collective Agreement 2024, which would apply to casual employees of Frontier Touring Pty Ltd, the promoter of the Jesus Christ Superstar show in Australia. The application was heard in the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal criteria for approval, particularly whether it provided appropriate safeguards for casual employees and complied with the requirements of the Fair Work Act.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms for casual employees, including adequate provisions for loading, penalty rates, and shift notice, and whether it complied with the Act's provisions regarding collective bargaining and the protection of employee rights. The Commission also considered whether the agreement appropriately balanced the interests of the employer and employees, ensuring it did not undermine the inherent hierarchy between permanent and casual employees.

The Commission found that the agreement provided for fair and reasonable terms, with appropriate safeguards for casual employees, including provisions for loading, penalty rates, and shift notice. The Commission was satisfied that the agreement balanced the interests of both parties and complied with the Fair Work Act. The Commission noted that the agreement included provisions for shift loading, penalty rates, and reasonable shift notice, which it considered adequate protections for casual employees. The Commission also found that the agreement did not undermine the inherent hierarchy between permanent and casual employees and was consistent with the principles of collective bargaining and the protection of employee rights.

The Commission approved the Jesus Christ Superstar Casual Crew Collective Agreement 2024, recognising it as a valid agreement under the Fair Work Act. The approval ensures that casual employees of Frontier Touring Pty Ltd working on the Jesus Christ Superstar show will be covered by the terms and conditions of the agreement, providing them with the protections and benefits outlined in the approved agreement.

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