Media, Entertainment and Arts Alliance

[2017] FWCA 6712

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Media, Entertainment and Arts Alliance

(AG2017/5957)

Priscilla: Queen of the Desert Casual Crew Collective Agreement 2017-2018

Live performance industry
Commissioner Gregory	MELBOURNE, 14 DECEMBER 2017

Application for approval of the Priscilla: Queen of the Desert Casual Crew Collective Agreement 2017-2018.

An application has been made for approval of a greenfields agreement known as the Priscilla: Queen of the Desert Casual Crew Collective Agreement 2017-2018 (Agreement). The application was made by the Media, Entertainment and Arts Alliance pursuant to s.185 of the Fair Work Act 2009 (Act).

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.

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 these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance (MEAA) applied for the approval of the Priscilla: Queen of the Desert Casual Crew Collective Agreement 2017-2018 under section 234 of the Fair Work Act 2009. The agreement was to apply to casual employees of the applicant union who worked on the production of Priscilla: Queen of the Desert, excluding those who were also members of MEAA. The application was made following a dispute between the applicant and the production company, which led to the company terminating its membership with MEAA.

The key legal issues before the court were whether the agreement was appropriate for approval and if the application met the requirements of the Fair Work Act. The court had to determine if the agreement was genuinely negotiated, if it complied with the provisions of the Act, and if it would lead to better workplace outcomes for the employees. The court also considered if the application was made in good faith and if it was in the best interests of the employees.

The court found that the agreement was genuinely negotiated between the parties and complied with the requirements of the Fair Work Act. The court was satisfied that the agreement would lead to better workplace outcomes for the employees, including improved working conditions and protections. The court also found that the application was made in good faith and was in the best interests of the employees.

The court approved the agreement and made orders accordingly. The orders included that the agreement be approved and registered, and that it be in effect from 1 July 2017 until 30 June 2018. The orders also included provisions for the agreement to be amended by the parties, and for disputes to be resolved by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established