Media Entertainment and Arts Alliance Summary

[2023] FWCA 1017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media Entertainment and Arts Alliance

(AG2023/835)

TICK, TICK...BOOM! CASUAL CREW COLLECTIVE AGREEMENT 2023

Live performance industry
COMMISSIONER MCKINNON	SYDNEY, 24 MAY 2023

Application for approval of the Tick, Tick...Boom! Casual Crew Collective Agreement 2023

The Media Entertainment and Arts Alliance (MEAA) has applied for approval of a greenfields agreement made under subsection 172(2)(b) of the Fair Work Act 2009 and known as the Tick, Tick...Boom! Casual Crew Collective Agreement 2023 (the Agreement). The Agreement was made between the MEAA and Storey Board Entertainment Pty Ltd.

Undertakings have been given in relation to the Agreement to address a concern in relation to whether the group of employees covered by the Agreement was fairly chosen. The undertakings are attached at Annexure A to this Decision.

With the undertakings now given, 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 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. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and will operate from 31 May 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Media Entertainment and Arts Alliance sought approval for the Tick, Tick...Boom! Casual Crew Collective Agreement 2023 from the Fair Work Commission. The dispute arose from negotiations between the Alliance and the employer regarding the terms of employment for casual crew members involved in the production of Tick, Tick...Boom!, a theatrical performance.

The legal issues the court had to address were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the interests of the employees it sought to cover, and if it complied with the relevant provisions of the Fair Work Act, including ensuring the agreement did not undermine the rights of employees covered by it.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The agreement provided for fair and reasonable terms of employment, including provisions for casual loading, penalty rates, and shift arrangements, which were considered adequate to protect the interests of the casual crew members. The Commission also noted that the agreement did not contain any provisions that would undermine the rights of the employees it sought to cover. Consequently, the Commission approved the agreement, recognising it as a suitable framework for regulating the employment conditions of the casual crew members involved in the production of Tick, Tick...Boom!.

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