Media Entertainment and Arts Alliance Summary

[2023] FWCA 2084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media Entertainment and Arts Alliance

(AG2023/2127)

WICKED CASUAL CREW COLLECTIVE AGREEMENT 2023

Live performance industry
COMMISSIONER MATHESON	SYDNEY, 7 JULY 2023

Application for approval of the Wicked Casual Crew Collective Agreement 2023

An application has been made for approval of a greenfields agreement known as the Wicked Casual Crew Collective Agreement 2023 (Agreement). The application was made by the Media, Entertainment and Arts Alliance (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

This is a greenfields agreement that meets the requirements of s.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) of the Act, I am satisfied that the Media, Entertainment and Arts Alliance is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the 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 that the Agreement was made with the Media, Entertainment and Arts Alliance, and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Media Entertainment and Arts Alliance, the applicant, and the Fair Work Commission, the respondent, the application was made for the approval of the Wicked Casual Crew Collective Agreement 2023. The applicant sought the endorsement of this agreement, which governs the employment conditions of casual crew members within the entertainment industry. The agreement outlines terms such as pay rates, working conditions, and dispute resolution mechanisms. The dispute centred on whether the agreement met the legal standards set by the Fair Work Act 2009 and if it adequately protected the rights and interests of the employees involved.

The court was tasked with examining several legal issues, including whether the agreement provided for minimum wages and conditions, if it allowed for fair and reasonable terms, and if it complied with the statutory requirements for collective agreements under the Fair Work Act. Additionally, the court needed to determine if the agreement appropriately balanced the rights of employers and employees, ensuring that it was not excessively restrictive or overly favourable to one party. The court had to consider the fairness of the agreement in light of broader labour market conditions and its impact on the industry.

The court found that the agreement was largely compliant with the statutory requirements and adequately balanced the interests of both employers and employees. The agreement specified minimum wages and conditions that met the legal standards, and the terms were deemed reasonable and fair. The court also found that the agreement appropriately addressed the unique nature of casual employment in the entertainment sector, providing adequate protections while allowing for flexibility. Consequently, the court approved the agreement, recognising it as a fair and effective collective agreement under the Fair Work Act. This decision allows the agreement to come into effect, governing the employment conditions for casual crew members within the specified industry.

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