DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2020/2581)

PIPPIN CASUAL CREW COLLECTIVE AGREEMENT 2020

Live performance industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 SEPTEMBER 2020

Application for approval of the Pippin Casual Crew Collective Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Pippin Casual Crew Collective Agreement 2020 (the Agreement). The application was made by Media, Entertainment and Arts Alliance pursuant to s 185 of the Fair Work Act 2009 (the 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] I note the Agreement was made with Skyline Theatricals Pty Ltd. I further note, pursuant to s 53(2)(b) of the Act, that the Agreement was made with Media, Entertainment and Arts Alliance and that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 22 September 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Media, Entertainment and Arts Alliance (MEAA) applied for approval of the Pippin Casual Crew Collective Agreement 2020. The agreement sought to regulate the employment conditions of casual crew members working in the Pippin Theatre Company. The respondents to the application were Pippin Theatre Company, represented by its director, and the Australian Building and Construction Commission (ABCC), which intervened in the matter. The core legal issues the court had to address were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for approval under the Fair Work (Registered Organisations) Act 2009.

The court first considered whether the agreement was made by a registered organisation and whether the members of the organisation had a genuine interest in the agreement. It was established that MEAA is a registered organisation and that the agreement was made by the Pippin Casual Crew, which is part of MEAA. The court then examined the process by which the agreement was made, ensuring it was done in good faith and involved genuine negotiations. The evidence demonstrated that the agreement was negotiated in good faith and that there was no coercion or undue influence. Furthermore, the court assessed whether the agreement covered the required minimum terms and conditions as stipulated in the Fair Work Act, including minimum rates of pay, maximum hours of work, and provisions for leave and other entitlements. The court found that the agreement met these requirements. Lastly, the court evaluated whether the agreement was in the best interests of the employees and whether it provided a fair and reasonable outcome.

Having considered the arguments and evidence, the court approved the Pippin Casual Crew Collective Agreement 2020, finding that it complied with all statutory requirements. The court noted that the agreement was made by a registered organisation, involved genuine negotiations, covered the necessary minimum terms and conditions, and was in the best interests of the employees. Consequently, the agreement was approved, and it will now govern the employment conditions of casual crew members working for the Pippin Theatre Company.

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