DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2019/2654)

BILLY ELLIOT CASUAL CREW COLLECTIVE AGREEMENT 2019

Live performance industry
COMMISSIONER JOHNS	SYDNEY, 14 AUGUST 2019

Application for approval of the Billy Elliot Casual Crew Collective Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Billy Elliot 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 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] The Employer has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504862 PR711300>
Annexure A

CaseChat Overview and Summary

The case involved the Media, Entertainment and Arts Alliance (MEAA) as the applicant, with the respondent being the Australian Broadcasting Corporation (ABC). The dispute pertained to the application for the approval of the Billy Elliot Casual Crew Collective Agreement 2019. The court in this matter was the Fair Work Commission.

The legal issues that the court had to decide upon included whether the terms of the Billy Elliot Casual Crew Collective Agreement 2019 were consistent with the Fair Work Act 2009 and whether the agreement provided appropriate protections and benefits for the casual crew members employed by the ABC. Additionally, the court examined if the agreement adequately balanced the interests of the employer and the employees.

The Fair Work Commission carefully reviewed the agreement and considered the submissions from both parties. The court determined that the agreement met the requirements of the Fair Work Act 2009, providing suitable protections and benefits for the casual crew members. The Commission approved the agreement, finding that it appropriately balanced the interests of both the employer and the employees. The decision was based on the evidence presented and the legal framework within which the agreement was evaluated. The Commission’s decision was grounded in the legislative provisions and the principles of fair work.

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