DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2017/363)

KINKY BOOTS CASUAL CREW COLLECTIVE AGREEMENT 2017-2018

Live performance industry
COMMISSIONER GREGORY	MELBOURNE, 10 MARCH 2017

Application for approval of the KINKY BOOTS Casual Crew Collective Agreement 2017-2018.

[1] An application has been made for approval of a greenfields agreement known as the KINKY BOOTS Casual Crew Collective Agreement 2017-2018 (Agreement). The application was made by 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 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 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 17 March 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 to the Fair Work Commission (FWC) for approval of the Kinky Boots Casual Crew Collective Agreement 2017-2018. The application was made under section 236 of the Fair Work Act 2009. The relevant employers were the producers of the musical Kinky Boots, and the relevant employees were casual employees who worked in the crew of the musical. The application was made by MEAA on behalf of the employees, and the employers did not object to the application.

The primary issue before the FWC was whether the Kinky Boots Casual Crew Collective Agreement 2017-2018 complied with the requirements of the Fair Work Act 2009, including whether it contained the prescribed minimum terms and conditions of employment, and whether it was certified as a simple, small or other collective agreement. The FWC also needed to determine whether the agreement was in the best interests of the employees and whether it complied with the general protections provisions of the Fair Work Act 2009.

The FWC found that the Kinky Boots Casual Crew Collective Agreement 2017-2018 complied with the requirements of the Fair Work Act 2009. The agreement contained all the prescribed minimum terms and conditions of employment, and it was certified as a simple collective agreement. The FWC was satisfied that the agreement was in the best interests of the employees, and it complied with the general protections provisions of the Fair Work Act 2009. The FWC approved the Kinky Boots Casual Crew Collective Agreement 2017-2018, and it will apply from 1 July 2017 to 30 June 2018.

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