DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2018/6690)

CHARLIE AND THE CHOCOLATE FACTORY CASUAL CREW COLLECTIVE AGREEMENT 2018

Live performance industry
COMMISSIONER LEE	MELBOURNE, 7 JANUARY 2019

Application for approval of the Charlie and the Chocolate Factory Casual Crew Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Charlie and the Chocolate Factory Casual Crew Collective Agreement 2018 (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 2019. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Media, Entertainment and Arts Alliance to approve the Charlie and the Chocolate Factory Casual Crew Collective Agreement 2018. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a registered agreement, which would then have the effect of a registered agreement. The Commission was required to determine whether the agreement met the requirements for approval under the Act, including whether it was made in accordance with the procedures set out in the Act and whether it complied with the provisions of the Act relating to the content of agreements.

The key legal issues before the Commission were whether the agreement was made in accordance with the procedures set out in the Act, whether it complied with the provisions of the Act relating to the content of agreements, and whether it met the requirements for approval under the Act. The Commission considered whether the agreement was made by a certified association or a registered bargaining representative, whether it was made in good faith and without coercion, whether it contained the required provisions, and whether it complied with the provisions of the Act relating to the content of agreements.

The Commission found that the agreement was made in accordance with the procedures set out in the Act and that it complied with the provisions of the Act relating to the content of agreements. The Commission noted that the agreement was made by a certified association and that it contained all of the required provisions. The Commission also found that the agreement was made in good faith and without coercion, and that it met the requirements for approval under the Act. The Commission approved the agreement as a registered agreement.

The Commission made orders approving the Charlie and the Chocolate Factory Casual Crew Collective Agreement 2018 as a registered agreement. The agreement will have the effect of a registered agreement from the date of the Commission's decision and will be registered by the Registrar of the Fair Work Commission. The agreement will apply to employees who are members of the Media, Entertainment and Arts Alliance and who are employed by Charlie and the Chocolate Factory in casual positions.

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