[2018] FWCA 346

The attached document replaces the document previously issued with the above code on 17 January 2018.

Correction of an error in the subject line.

Member Assist

For Commissioner Johns

Dated 19 January 2018

[2018] FWCA 346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2017/6413)

THE BOOK OF MORMON CASUAL CREW COLLECTIVE AGREEMENT

Live performance industry
COMMISSIONER JOHNS	SYDNEY, 17 JANUARY 2018

Application for approval of the The Book of Mormon Casual Crew Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the The Book of Mormon Casual Crew Collective Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 and 187 as are relevant to this application for approval have been met. In particular, 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.53(2)(b) of the Act I note the Agreement was made with Media, Entertainment and Arts Alliance and that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 24 January 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 case of Media, Entertainment and Arts Alliance, the applicant sought approval for the Book of Mormon Casual Crew Collective Agreement. The matter was heard in the Fair Work Commission. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the applicant argued that the agreement contained provisions that were fair and appropriate for the employees within the casual crew sector of the arts and entertainment industry.

The primary legal issue before the Commission was whether the terms and conditions set forth in the agreement were fair and reasonable, taking into account the nature of the work and the bargaining power of the parties involved. The Commission had to evaluate if the agreement provided adequate protections for the employees, such as fair wages, reasonable working hours, and appropriate leave entitlements. Additionally, the Commission considered whether the agreement complied with the relevant industrial laws and standards, ensuring it did not unfairly disadvantage either party.

Upon reviewing the agreement, the Commission found that the provisions were fair and reasonable. The applicant demonstrated that the agreement balanced the needs of both employers and employees, providing necessary protections while also allowing for flexibility inherent in the casual nature of the work. The Commission concluded that the agreement met the statutory requirements for approval and did not disadvantage any party. Consequently, the Commission approved the Book of Mormon Casual Crew Collective Agreement.

The Fair Work Commission ordered the approval of the Book of Mormon Casual Crew Collective Agreement, effective from the date of the decision. This approval ensures that the terms and conditions within the agreement are legally binding for the parties involved, providing a framework for fair and reasonable employment practices in the casual crew sector of the arts and entertainment industry.

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