DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2017/803)

THE BODYGUARD CASUAL CREW COLLECTIVE AGREEMENT 2017-2018

Live performance industry
COMMISSIONER GREGORY	MELBOURNE, 22 MARCH 2017

Application for approval of The Bodyguard Casual Crew Collective Agreement 2017-2018.

[1] An application has been made for approval of a greenfields agreement known as The Bodyguard 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).

[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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance filed an application for the approval of the The Bodyguard Casual Crew Collective Agreement 2017-2018 in the Fair Work Commission. The dispute centred around the terms and conditions of employment for casual crew members involved in productions under the specified agreement.

The key legal issues before the Commission were whether the proposed agreement was appropriate for the employees it covered and whether it complied with the relevant legislative requirements, particularly the provisions of the Fair Work Act 2009. The Commission needed to consider the fairness and appropriateness of the agreement's terms in relation to the casual nature of the work and the rights and obligations of both employers and employees.

The Commission carefully examined the evidence and submissions presented by both parties. It noted that the agreement was designed to address the unique circumstances of casual crew members in the entertainment industry, providing for fair pay and conditions while recognising the unpredictable nature of work in the sector. The Commission found that the agreement adequately balanced the needs of both employers and employees, providing reasonable protections and flexibility. It concluded that the agreement was fair and appropriate and approved it accordingly.

The final orders confirmed the approval of the The Bodyguard Casual Crew Collective Agreement 2017-2018, effective from the date of the Commission's decision.

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