DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2021/59)

HAMILTON CASUAL CREW COLLECTIVE AGREEMENT 2021-2022

Live performance industry
COMMISSIONER WILSON	MELBOURNE, 10 FEBRUARY 2021

Application for approval of the Hamilton Casual Crew Collective Agreement 2021-2022.

[1] An application has been made for approval of a greenfields agreement known as the Hamilton Casual Crew Collective Agreement 2021-2022 (the Agreement). The application was made by 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 section 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 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 of the Act, will operate from 17 February 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

The Media, Entertainment and Arts Alliance sought approval of the Hamilton Casual Crew Collective Agreement 2021-2022, which was to govern the terms of employment for casual crew members in the industry. The matter was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the legal requirements for approval.

The primary legal issue for the Commission to decide was whether the agreement complied with the Fair Work Act 2009, particularly in relation to the provisions regarding casual employment and the treatment of casual employees. The Commission also needed to assess whether the agreement provided appropriate protections and entitlements for the casual crew members.

The Commission found that the agreement was largely compliant with the Fair Work Act. It provided for fair and reasonable terms and conditions, including provisions for casual loading and penalties for unfair dismissal. The agreement also contained provisions for equal treatment of casual employees compared to their permanent counterparts. The Commission concluded that the agreement met the legal standards for approval and would provide adequate protections for the casual crew members. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Hamilton Casual Crew Collective Agreement 2021-2022, effective from 1 July 2021 to 30 June 2022. The decision confirmed that the agreement provided fair and reasonable terms for casual crew members, with appropriate protections and entitlements in line with the Fair Work Act.

Media, Entertainment and Arts Alliance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established