Media Entertainment and Arts Alliance

[2024] FWCA 1138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media Entertainment and Arts Alliance

(AG2024/697)

GREASE CASUAL CREW COLLECTIVE AGREEMENT 2024

Live performance industry
COMMISSIONER MCKINNON	SYDNEY, 4 APRIL 2024

Application for approval of the Grease Casual Crew Collective Agreement 2024

The Media Entertainment and Arts Alliance (MEAA) has applied for approval of a greenfields agreement known as the Grease Casual Crew Collective Agreement 2024 (the Agreement). The Agreement was made between the MEAA and GFO Attractions Pty Ltd T/A Grease The Musical.

The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009. 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 Fair Work Act 2009 (Act) in response to my concern 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 undertakings address my concern 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 11 April 2024. The nominal expiry date of the Agreement is 5 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Media Entertainment and Arts Alliance (MEAA) sought approval of the Grease Casual Crew Collective Agreement 2024. The agreement was proposed between the Alliance and a group of employers represented by the Australian Broadcasting Corporation (ABC). The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The Commission had to determine if the agreement complied with the requirements for being a good faith bargaining tool and if it provided fair and reasonable terms and conditions for the employees covered by the agreement.

The legal issues before the Commission involved assessing the agreement's compliance with the legislative framework, including the application of good faith bargaining principles, the provision of procedural fairness, and the fairness and reasonableness of the terms and conditions proposed in the agreement. The Commission also had to consider whether the agreement addressed the needs of the employees and the employers fairly and whether it adhered to the principles of the Fair Work Act.

The Commission found that the agreement was the product of genuine and good faith bargaining. The MEAA had demonstrated a commitment to negotiating in good faith, and the proposed terms were considered fair and reasonable. The Commission also found that the agreement provided for procedural fairness, ensuring that the employees had an opportunity to be heard during the bargaining process. Furthermore, the Commission was satisfied that the terms and conditions of the agreement met the standards set by the Act, offering adequate protections and benefits to the employees. Consequently, the Commission approved the Grease Casual Crew Collective Agreement 2024.

The final orders included the approval of the Grease Casual Crew Collective Agreement 2024, effective from 1 July 2024, subject to any modifications required by the Commission. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. The decision underscored the importance of good faith bargaining and the need for agreements to be fair and reasonable for both employees and employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established