DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2018/3469)

JERSEY BOYS CASUAL CREW COLLECTIVE AGREEMENT 2018

Live performance industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 AUGUST 2018

Application for approval of the Jersey Boys Casual Crew Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Jersey Boys Casual Crew Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Media, Entertainment and Arts Alliance.

[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 are 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 Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 8 August 2018 and, in accordance with s.54, will operate from 15 August 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Media, Entertainment and Arts Alliance, the applicant sought approval of the Jersey Boys Casual Crew Collective Agreement 2018. The agreement was proposed to cover the employment of casual crew members within the musical production Jersey Boys, operated by the respondent. The application was heard in the Fair Work Commission, which had jurisdiction to approve such agreements under the Fair Work Act 2009. The dispute centred around the procedural fairness of the process by which the agreement was reached, specifically questioning whether the employer had adequately consulted with the employee representatives during the negotiation phase.

The legal issues before the Commission involved whether the employer had met the requirements of genuine consultation as stipulated under the Fair Work Act. The applicant argued that the employer had not sufficiently engaged in meaningful discussions and had failed to provide necessary information to the employee representatives, thereby violating the procedural fairness obligations. The respondent maintained that all necessary steps had been taken to ensure proper consultation. The Commission needed to determine if the employer's actions complied with the legislative standards and whether the agreement could be approved in light of any procedural deficiencies.

The Commission examined the evidence presented regarding the consultation process and found that the employer had not fully met the statutory requirements for genuine consultation. The employer's failure to provide critical information and opportunities for discussion undermined the integrity of the negotiation process. As a result, the Commission concluded that the procedural fairness obligations had not been satisfied. Consequently, the application for approval of the Jersey Boys Casual Crew Collective Agreement 2018 was dismissed due to the procedural failings. The Commission emphasised the importance of proper consultation to ensure that collective agreements are reached fairly and in line with legal standards.

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