DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media Entertainment and Arts Alliance
(AG2019/4813)

SHREK THE MUSICAL CASUAL CREW COLLECTIVE AGREEMENT 2019-2020

Live performance industry
COMMISSIONER WILSON	MELBOURNE, 7 JANUARY 2020

Application for approval of the Shrek The Musical Casual Crew Collective Agreement 2019-2020.

[1] An application has been made for approval of a greenfields agreement known as the Shrek The Musical Casual Crew Collective Agreement 2019-2020 (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 14 January 2020. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media Entertainment and Arts Alliance (MEAA) applied to the Fair Work Commission (FWC) for the approval of the Shrek The Musical Casual Crew Collective Agreement 2019-2020. The application arose from a dispute concerning the terms and conditions under which casual crew members were employed for the Shrek The Musical production. The FWC was tasked with determining whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues the FWC had to address were whether the agreement provided for the safety, health and welfare of employees and whether the terms of the agreement were in accordance with the relevant national employment standards. MEAA argued that the agreement was necessary to ensure fair and reasonable working conditions for casual crew members, while also reflecting the unique circumstances of the performing arts industry. The FWC had to weigh these arguments against the statutory requirements for collective agreements and the broader public interest in maintaining fair labour practices.

After considering the submissions and evidence from both parties, the FWC found that the proposed agreement satisfied the necessary legal standards. The Commission determined that the agreement provided adequate protections for the safety, health, and welfare of the casual crew members and that it did not contravene the national employment standards. The FWC concluded that the agreement was in the best interest of the employees and approved the application. The approval ensures that the terms and conditions set out in the agreement will apply to the casual crew members employed for the Shrek The Musical production for the specified period.

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