DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2020/639)

9 TO 5 CASUAL CREW COLLECTIVE AGREEMENT 2020-2021

Live performance industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 MARCH 2020

Application for approval of the 9 to 5 Casual Crew Collective Agreement 2020-2021.

[1] An application has been made for approval of an enterprise agreement known as the 9 to 5 Casual Crew Collective Agreement 2020-2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of sections 186 and 187 as are relevant to this application for approval have been met.

[3] Based on the statutory declaration provided by the organisation, I am satisfied that the Media, Entertainment and Arts Alliance, the employee organisation to be covered by the Agreement, 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.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 April 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

The Media, Entertainment and Arts Alliance (MEAA) applied for approval of the 9 to 5 Casual Crew Collective Agreement 2020-2021. This agreement pertained to the employment terms of casual crew members within the industry. The application was heard in the Fair Work Commission, which was tasked with assessing whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was genuinely negotiated and if it adhered to the provisions regarding modern awards and other relevant factors. The MEAA argued that the agreement was fairly negotiated and met the legal standards for approval.

In considering the application, the Commission examined the process through which the agreement was negotiated and the content of the agreement itself. The Commission found that the negotiation process was appropriate and that the agreement contained terms that were fair and reasonable. It concluded that the agreement met the statutory requirements and approved the application. The MEAA's collective agreement was therefore formally recognised, providing a clear framework for the employment conditions of casual crew members in the industry.

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