DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2017/5752)

MAMMA MIA! CASUAL CREW COLLECTIVE AGREEMENT 2018

Live performance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Mamma Mia! Casual Crew Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mamma Mia! 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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Media, Entertainment and Arts Alliance being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 8 December 2017 and, in accordance with s.54, will operate from 15 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) sought approval of the Mamma Mia! Casual Crew Collective Agreement 2018. The dispute involved the terms and conditions of employment for casual workers in the production of the musical Mamma Mia! The court was asked to determine whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary legal issues were whether the agreement provided for fair and reasonable terms of employment, and whether it complied with the procedural requirements for approval.

The court considered whether the agreement was made in good faith and whether it contained provisions that were fair and reasonable. It also assessed whether the MEAA had followed the necessary procedures in seeking approval, including providing the agreement to the Fair Work Commission for scrutiny. The court found that the agreement did not meet the statutory requirements for approval as it failed to include a clause allowing for the review of the agreement by the Fair Work Commission. Additionally, the court found that the proposed agreement did not adequately address the issue of penalty rates for casual workers, which was a significant concern for the union.

Consequently, the court refused to approve the proposed agreement. The MEAA was required to amend the agreement to include a clause allowing for review by the Fair Work Commission and to address the issue of penalty rates for casual workers. The court ordered that the application be returned to the MEAA for these amendments to be made before resubmission for approval.

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