Media, Entertainment and Arts Alliance Summary

[2023] FWCA 251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media, Entertainment and Arts Alliance

(AG2022/5578)

ROCKY HORROR SHOW CASUAL CREW COLLECTIVE AGREEMENT 2022

Live performance industry
DEPUTY PRESIDENT EASTON	SYDNEY, 24 JANUARY 2023

Application for approval of the Rocky Horror Show Casual Crew Collective Agreement 2022.

The Media, Entertainment and Arts Alliance (MEAA/Applicant) has made an application for the approval of the Rocky Horror Show Casual Crew Collective Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise greenfields agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The MEAA was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the MEAA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2023. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance, representing a group of employees, applied to the Fair Work Commission for approval of the Rocky Horror Show Casual Crew Collective Agreement 2022. This agreement was negotiated between the Alliance and Rocky Horror Productions. The applicants argued that the proposed agreement was suitable for the employees and met the legal standards for such agreements. The Commission was required to determine whether the agreement complied with the relevant sections of the Fair Work Act 2009, particularly regarding the terms and conditions it established for casual employees.

The primary legal issues before the Commission involved assessing whether the agreement provided for a fair and reasonable set of terms and conditions for casual employees, and whether it met the statutory requirements for approval. The Commission needed to ensure the agreement was not unfair, did not undercut the minimum terms and conditions, and was consistent with the broader industrial relations framework. The Commission also had to consider whether the agreement appropriately balanced the rights and interests of both the employees and the employer.

In rendering its decision, the Fair Work Commission found that the proposed agreement was fair and reasonable. It provided for adequate terms and conditions that were not detrimental to the employees, and it did not undercut the minimum standards prescribed by the Fair Work Act. The Commission noted that the agreement was the result of good faith negotiations between the parties and was consistent with the overall objectives of the industrial relations system. As such, the Commission approved the agreement, finding it met all the necessary statutory requirements.

The Commission's final orders included the approval of the Rocky Horror Show Casual Crew Collective Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and the parties were directed to give effect to the terms of the approved agreement. The decision was made under the authority granted by the Fair Work Act 2009 and was subject to any appeals that may be lodged within the specified timeframe.

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