DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2020/3204)

FROZEN CASUAL CREW COLLECTIVE AGREEMENT 2020-2021

Live performance industry
COMMISSIONER WILSON	MELBOURNE, 9 NOVEMBER 2020

Application for approval of the Frozen Casual Crew Collective Agreement 2020-2021.

[1] An application has been made for approval of a greenfields agreement known as the Frozen Casual Crew Collective Agreement 2020-2021 (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 16 November 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case are the Media, Entertainment and Arts Alliance (MEAA) and the applicant company. The dispute revolves around the application for approval of the Frozen Casual Crew Collective Agreement 2020-2021, which was lodged with the Fair Work Commission. The legal issues before the court included whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether it was made in good faith and without coercion.

The court examined the process by which the agreement was negotiated and whether it complied with relevant legislative requirements. It was necessary to assess if the agreement was made fairly, considering the interests of both employees and employers, and if it adhered to the principles of industrial relations law. The MEAA argued that the agreement was made in good faith and without coercion, while the applicant company contested certain provisions of the agreement.

The court found that the agreement had been negotiated and made in good faith and did not involve any form of coercion. It concluded that all necessary procedural requirements were met, and the agreement complied with the provisions of the Fair Work Act. The court also noted that the agreement addressed the specific needs of the workforce and provided for fair terms and conditions of employment. Therefore, the application for approval was successful.

The final orders of the court were that the Frozen Casual Crew Collective Agreement 2020-2021 be approved, effective from the date of the decision. This approval means that the agreement can be enforced as a binding contract between the MEAA and the applicant company, providing certainty and stability for both parties in their industrial relations dealings.

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