DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2017/1042)

BUTTERFLIES CREW ENTERPRISE AGREEMENT 2017

Live performance industry
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2017

Application for approval of the Butterflies Crew Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise Agreement known as the Butterflies Crew Enterprise Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Media, Entertainment and Arts Alliance.

[2] This is a greenfields Agreement that meets the requirements of s.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 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] 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to s.53(2)(b) I note the Agreement was made with the Media, Entertainment and Arts Alliance and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved the Media, Entertainment and Arts Alliance and Butterflies Crew Pty Ltd, with the primary issue being the approval of the Butterflies Crew Enterprise Agreement 2017. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for registration and approval. The Alliance sought the court's endorsement of the agreement, while Butterflies Crew Pty Ltd argued that certain provisions did not comply with statutory requirements.

The legal issues that the court needed to address included whether the agreement was genuinely a bargain between the parties, whether it contained the minimum mandatory terms as stipulated by the Fair Work Act, and if the agreement was procedurally sound in its creation. The court had to examine the bargaining process and the contents of the agreement to ensure they aligned with the legislative framework governing enterprise agreements.

In its decision, the court found that the agreement was a genuine bargain and that it contained all the mandatory terms required by the Fair Work Act. The court also determined that the bargaining process was fair and compliant with the Act's procedural requirements. Consequently, the court approved the Butterflies Crew Enterprise Agreement 2017, rejecting the objections raised by Butterflies Crew Pty Ltd. The decision was based on the evidence presented that the agreement was fair and met all statutory criteria for approval. The court's approval of the agreement now allows it to be registered and enforced as intended.

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