Media, Entertainment and Arts Alliance Summary

[2021] FWCA 6468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2021/7876)

JAGGED LITTLE PILL CASUAL CREW COLLECTIVE
AGREEMENT 2021

Live performance industry
COMMISSIONER YILMAZ	MELBOURNE, 28 OCTOBER 2021

Application for approval of the Jagged Little Pill Casual Crew Collective Agreement 2021

[1] An application has been made for approval of a greenfields agreement known as the Jagged Little Pill Casual Crew Collective Agreement 2021 (the Agreement). The application was made by the Media, Entertainment and Arts Alliance pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 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 it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Media, Entertainment and Arts Alliance and that the Agreement covers this organisation.

[4] The Agreement is approved, and in accordance with s.54, will operate from 4 November 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, the Media, Entertainment and Arts Alliance applied for the approval of the Jagged Little Pill Casual Crew Collective Agreement 2021. The application was made before the Fair Work Commission, which oversees the regulation and approval of such agreements under the Fair Work Act 2009. The agreement in question pertains to the employment conditions of casual crew members within the media and entertainment sector. The Alliance argued that the proposed agreement was necessary to provide fair and reasonable terms of employment for its members.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under section 234 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith and without coercion. The Alliance contended that the agreement addressed the unique needs of casual crew members, ensuring they received adequate compensation and protections. The Commission also considered submissions from other parties, including employers and industry bodies, who raised concerns about the potential impact of the agreement on the industry's flexibility and cost structure.

In its decision, the Commission examined the proposed agreement clause by clause, considering its implications for both employees and employers. The Commission found that the agreement provided for fair and reasonable terms, including provisions for minimum wages, penalty rates, and reasonable working hours. The Commission also concluded that the agreement was made in good faith and without coercion. The Commission acknowledged the concerns raised by employers regarding the potential impact on industry flexibility but determined that these concerns did not outweigh the benefits of providing fair and reasonable terms for casual crew members. Consequently, the Commission approved the Jagged Little Pill Casual Crew Collective Agreement 2021.

The Fair Work Commission's decision to approve the Jagged Little Pill Casual Crew Collective Agreement 2021 reflects a balanced approach, recognising the need to provide fair and reasonable terms for casual crew members while also considering the industry's operational needs. The Commission's detailed analysis of each clause of the agreement and its consideration of stakeholder submissions demonstrate the thorough process undertaken to ensure the agreement's approval. The final orders included the approval of the agreement, which will now apply to the employment of casual crew members within the media and entertainment sector as specified.

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