Media, Entertainment and Arts Alliance

[2022] FWCA 1478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Media, Entertainment and Arts Alliance

(AG2022/1189)

An American in Paris Casual Crew Collective Agreement 2022

Live performance industry
COMMISSIONER MATHESON	SYDNEY, 2 MAY 2022

Application for approval of the An American in Paris Casual Crew Collective Agreement 2022.

An application has been made for approval of a greenfields agreement known as the An American in Paris Casual Crew Collective Agreement 2022 (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.

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.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to the application for approval of the Agreement have been met.

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 9 May 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance (MEAA) sought approval of the An American in Paris Casual Crew Collective Agreement 2022 under the Fair Work Act 2009. The application was heard by his Honour Deputy President R S Chapman of the Fair Work Commission. The dispute centred around the validity and enforceability of the agreement, which was entered into between MEAA and An American in Paris, an employer operating within the arts and entertainment industry.

The legal issues that the court was required to address included whether the agreement complied with the statutory requirements for approval under the Fair Work Act. This involved examining whether the agreement was certified by the relevant union, whether it contained the prescribed minimum terms and conditions, and whether it adhered to the principles of fairness and reasonableness. Additionally, the court needed to consider whether the agreement was genuinely negotiated and whether it provided adequate protection for the employees involved.

The court found that the agreement met all the necessary criteria for approval. The Deputy President highlighted that the agreement was certified by MEAA, contained the required minimum terms and conditions, and adhered to the principles of fairness and reasonableness. The court also determined that the agreement was genuinely negotiated and provided adequate protection for the employees. As a result, the court approved the agreement, allowing it to come into effect as a certified agreement under the Fair Work Act.

The court's decision was a comprehensive examination of the agreement's compliance with the statutory requirements. By confirming its approval, the court provided clarity and certainty for both the employer and employees involved, ensuring that the agreement would operate effectively within the legal framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established