Media, Entertainment and Arts Alliance Summary

[2023] FWCA 1481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media, Entertainment and Arts Alliance

(AG2023/1388)

BEAUTY AND THE BEAST CASUAL CREW COLLECTIVE AGREEMENT 2023

Live performance industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 MAY 2023

Application for approval of the Beauty and the Beast Casual Crew Collective Agreement 2023

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

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 31 May 2023. The nominal expiry date of the Agreement is 30 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Beauty and the Beast Casual Crew Collective Agreement 2023, brought before the Fair Work Commission. The parties included the Media, Entertainment and Arts Alliance, representing the employees, and Beauty and the Beast, the employer. The primary dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application required scrutiny to ensure the agreement complied with the legal standards and provided fair terms for both parties.

The court was tasked with determining whether the collective agreement met the statutory requirements for approval, including assessing if the agreement contained all the prescribed minimum terms and conditions, and whether it was negotiated in good faith. Furthermore, the court needed to consider if the agreement provided for fair and reasonable terms that did not unfairly disadvantage any party. The court also had to ensure that the agreement did not contravene any provisions of the Fair Work Act 2009 or any other relevant legislation.

In its decision, the court meticulously reviewed the contents of the collective agreement, confirming that it contained all the prescribed minimum terms and conditions. The court found that the agreement was negotiated in good faith and provided fair and reasonable terms for both the employees and the employer. The agreement was found to comply with the legal requirements and did not unfairly disadvantage any party. Consequently, the court approved the collective agreement, finding it to be fair and reasonable in all respects.

The court ordered the approval of the Beauty and the Beast Casual Crew Collective Agreement 2023, recognising it as compliant with the Fair Work Act 2009. The agreement was to be registered and would apply to the relevant employees and employer, providing a legally binding framework for their employment terms and conditions.

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