Media, Entertainment and Arts Alliance Summary

[2024] FWCA 1654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media, Entertainment and Arts Alliance

(AG2024/1451)

CHICAGO CASUAL CREW COLLECTIVE AGREEMENT 2024

Live performance industry
DEPUTY PRESIDENT DEAN	CANBERRA, 6 MAY 2024

Application for approval of the Chicago Casual Crew Collective Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Chicago 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 13 May 2024. The nominal expiry date of the Agreement is 15 February 2026.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Media, Entertainment and Arts Alliance, which sought approval of the Chicago Casual Crew Collective Agreement 2024. The agreement, which would affect employees in the Chicago Casual Crew sector, required the commission's approval as it was considered to be a "modern award" under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements for modern awards, including whether it complied with the relevant legislative provisions and principles of good faith bargaining.

The central legal issue for the commission to address was whether the agreement was consistent with the objectives of the Fair Work Act and the relevant regulatory standards. This involved assessing whether the agreement appropriately balanced the rights and obligations of employers and employees, ensured a safety net of minimum entitlements, and promoted productivity and economic efficiency. Additionally, the commission needed to determine if the agreement was the product of genuine negotiations and whether it adhered to the principles of procedural fairness.

The commission carefully examined the proposed agreement against the statutory criteria and found that it met the legislative requirements. The agreement was considered to appropriately balance the interests of both parties and included provisions that aligned with the aims of the Fair Work Act. The commission also found that the agreement was the result of genuine negotiations and was in compliance with procedural fairness. Based on these findings, the commission approved the Chicago Casual Crew Collective Agreement 2024.

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