Media, Entertainment and Arts Alliance

[2022] FWCA 3997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Media, Entertainment and Arts Alliance

(AG2022/4649)

Hairspray Casual Crew Collective Agreement 2022

Live performance industry
COMMISSIONER MCKINNON	SYDNEY, 18 NOVEMBER 2022

Application for approval of the Hairspray Casual Crew Collective Agreement 2022 – greenfields agreement

The Media, Entertainment and Arts Alliance has applied for approval of a greenfields agreement known as the Hairspray Casual Crew Collective Agreement 2022 – greenfields agreement (the Agreement). The Agreement was made between the Media, Entertainment and Arts Alliance and Edward Productions Pty Ltd.

The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009. 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 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 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 25 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance, as the representative of the Hairspray Casual Crew, applied to the Fair Work Commission for approval of the Hairspray Casual Crew Collective Agreement 2022, a greenfields agreement. The dispute involved the terms and conditions of employment for casual crew members, including wages, working hours, and other employment conditions. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for a safety net of minimum terms and conditions, facilitated efficient workplace relations, and was not likely to have a detrimental effect on the national economy. The Commission found that the agreement met these criteria and was approved, providing a fair and reasonable safety net for casual crew members while facilitating efficient workplace relations. The approval of the agreement ensures that casual crew members are provided with a fair and reasonable set of terms and conditions of employment, while also promoting efficient workplace relations in the media, entertainment, and arts industry. The Commission's decision provides certainty for both employers and employees in the industry, and sets a benchmark for future negotiations and agreements. The Fair Work Commission approved the Hairspray Casual Crew Collective Agreement 2022, providing a safety net of minimum terms and conditions for casual crew members in the media, entertainment, and arts industry. The Commission found that the agreement facilitated efficient workplace relations and was not likely to have a detrimental effect on the national economy. The approval of the agreement ensures that casual crew members are provided with fair and reasonable terms and conditions of employment, while also promoting efficient workplace relations in the industry. The decision provides certainty for both employers and employees, and sets a benchmark for future negotiations and agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established