DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2019/732)

SATURDAY NIGHT FEVER CASUAL CREW COLLECTIVE AGREEMENT 2019

Live performance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 MAY 2019

Application for approval of the Saturday Night Fever Casual Crew Collective Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Saturday Night Fever Casual Crew Collective Agreement 2019 (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 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is 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 the 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 7 June 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Media, Entertainment and Arts Alliance, the applicant sought approval for the Saturday Night Fever Casual Crew Collective Agreement 2019. The dispute arose from a negotiation between the Alliance and a group of casual workers employed in the entertainment industry, primarily in the Sydney area. The application was heard by the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues before the court centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, providing adequate protections for the casual workers, while also considering the needs of the employers. The respondent, representing the casual workers, contended that the agreement did not sufficiently address the precarious nature of casual employment and failed to provide adequate safeguards for the workers.

The Commission found that the agreement was fair and reasonable, taking into account the nature of the work and the parties' bargaining power. The Commission noted that the agreement provided for a reasonable level of job security, fair pay rates, and access to entitlements for casual workers. The Commission also considered the need for flexibility in the entertainment industry, acknowledging the unique challenges faced by casual workers in this sector. Ultimately, the court found that the agreement met the statutory requirements for approval and granted the application.

The Commission's decision was based on a detailed analysis of the agreement's provisions and the parties' bargaining positions. The court concluded that the agreement provided a fair and reasonable outcome for both casual workers and employers, balancing the need for job security with the need for flexibility in the entertainment industry. The court's decision was guided by the principles of the Fair Work Act and the need to promote harmonious, productive, and cooperative workplace relations. The final orders included the approval of the Saturday Night Fever Casual Crew Collective Agreement 2019, effective from the date of the decision.

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