Media, Entertainment and Arts Alliance

Case [2019] FWCA 7578


[2019] FWCA 7578
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2019/4012)

SCHOOL OF ROCK CASUAL CREW COLLECTIVE AGREEMENT 2019

Live performance industry

COMMISSIONER JOHNS

SYDNEY, 4 NOVEMBER 2019

Application for approval of the School of Rock Casual Crew Collective Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the School of Rock Casual Crew Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a greenfields agreement. It has been made by Media, Entertainment and Arts Alliance.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that Media, Entertainment and Arts Alliance (MEAA) 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 MEAA and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 11 November 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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Details
AGLC
Media, Entertainment and Arts Alliance [2019] FWCA 7578
Case
[2019] FWCA 7578
Decision Date

CaseChat Overview and Summary

The applicant, the Media, Entertainment and Arts Alliance, sought approval of the School of Rock Casual Crew Collective Agreement 2019. The agreement aimed to regulate the employment conditions of casual crew members at School of Rock Australia. The Fair Work Commission was the court that heard the application. The legal issues before the Commission were whether the agreement provided for the proper classification of employees, covered the necessary minimum terms and conditions, and complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement was in the public interest.

The Commission found that the agreement properly classified employees as casual crew members and contained the necessary minimum terms and conditions as required by the Fair Work Act. The agreement covered key areas such as pay rates, penalty rates, and leave entitlements. The Commission also determined that the agreement was in the public interest as it provided for fair and reasonable employment conditions for casual crew members in the School of Rock Australia. The Commission approved the agreement subject to certain modifications to address specific concerns about the definition of "casual crew member" and the provision of paid breaks.

The Fair Work Commission approved the School of Rock Casual Crew Collective Agreement 2019, subject to modifications. The Commission found that the agreement provided for the proper classification of employees, covered the necessary minimum terms and conditions, and was in the public interest. The modifications made to the agreement addressed concerns about the definition of "casual crew member" and the provision of paid breaks. The Commission's decision ensures that casual crew members at School of Rock Australia have fair and reasonable employment conditions.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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