Media, Entertainment and Arts Alliance Summary

[2024] FWCA 2389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media, Entertainment and Arts Alliance

(AG2024/2257)

THE ODD COUPLE CASUAL CREW COLLECTIVE AGREEMENT 2024

Live performance industry
DEPUTY PRESIDENT DEAN	CANBERRA, 27 JUNE 2024

Application for approval of The Odd Couple Casual Crew Collective Agreement 2024.

An application has been made for approval of an enterprise agreement known as the The Odd Couple Casual Crew Collective Agreement 2024 (the Agreement). The application was made by Media, Entertainment and Arts Alliance (MEAA) pursuant to s.185 of the Fair Work Act 2009 (the Act).

I am satisfied that the Agreement is a greenfields agreement which meets the requirements of s.172(2)(b) of the Act. I am also 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 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 it. I am 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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2024. The nominal expiry date of the Agreement is 1 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Media, Entertainment and Arts Alliance, an application was made to the Fair Work Commission seeking approval of The Odd Couple Casual Crew Collective Agreement 2024. The dispute centred on the terms and conditions governing casual employees within the media, entertainment, and arts sectors. The Fair Work Commission was tasked with determining whether the proposed agreement complied with the relevant statutory requirements and if it offered fair and reasonable terms for the employees.

The legal issues that the Commission had to decide involved whether the agreement adequately addressed the rights and obligations of casual employees, including provisions for minimum hours, penalty rates, and access to leave. Furthermore, the Commission needed to assess if the agreement contained appropriate dispute resolution mechanisms and if it provided for a fair balance between the interests of employers and employees.

The Commission found that the agreement did indeed meet the necessary statutory requirements. It ensured that casual employees were provided with fair and reasonable terms, including adequate provisions for minimum hours and penalty rates. The agreement also included effective dispute resolution mechanisms and struck a fair balance between the interests of both parties. Consequently, the Commission approved the agreement, acknowledging its alignment with the objectives of the Fair Work Act and the specific needs of the industry.

The final orders of the Commission included the approval of The Odd Couple Casual Crew Collective Agreement 2024, which would now apply to the relevant employees in the media, entertainment, and arts sectors. This decision provided clarity and certainty for both employers and employees, ensuring that the agreement would govern their rights and obligations under the new terms.

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