DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2020/3250)

MAGIC MIKE LIVE CASUAL CREW COLLECTIVE AGREEMENT 2020-2021

Live performance industry
COMMISSIONER WILSON	MELBOURNE, 9 NOVEMBER 2020

Application for approval of the Magic Mike Live Casual Crew Collective Agreement 2020-2021.

[1] An application has been made for approval of a greenfields agreement known as the Magic Mike Live 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 Media, Entertainment and Arts Alliance (MEAA) sought approval of the Magic Mike Live Casual Crew Collective Agreement 2020-2021 from the Fair Work Commission. The agreement governed the terms and conditions of employment for casual crew members in the Magic Mike Live production. The dispute centred around the appropriateness and compliance of the agreement with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for a fair and reasonable rate of pay and conditions for the casual crew members and whether it complied with the requirements of the Fair Work Act. The MEAA argued that the agreement was necessary to address the unique circumstances of the casual workforce in the entertainment industry, which often involved irregular and unpredictable work hours. The Commission needed to determine if the agreement struck the right balance between the rights and interests of the employees and the employer.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions, taking into account the specific nature of work in the entertainment industry. The Commission highlighted that the agreement addressed the issues of casual loading, penalty rates, and rostered days off, which were crucial for the casual crew members. Furthermore, the Commission concluded that the agreement complied with the Fair Work Act and met the statutory requirements for a collective agreement. The Commission approved the agreement, emphasising its importance in addressing the unique challenges faced by casual workers in the entertainment industry.

In approving the agreement, the Fair Work Commission made specific orders to ensure the MEAA and the employer would comply with the terms of the agreement. These orders included the requirement for the employer to provide written particulars to the casual crew members, outlining their employment terms and conditions as per the agreement. Additionally, the Commission directed both parties to take necessary steps to give effect to the agreement and to resolve any disputes arising from its interpretation or application through the agreed-upon dispute resolution processes.

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