DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2016/5061)

DOG FIGHT CREW ENTERPRISE AGREEMENT 2016

Broadcasting and recorded entertainment industry
COMMISSIONER LEE	HOBART, 16 SEPTEMBER 2016

Application for approval of the Dog Fight Crew Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dog Fight Crew Enterprise Agreement 2016 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 23 September 2016. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Media, Entertainment and Arts Alliance (MEAA), the Industrial Relations Commission of New South Wales considered an application for the approval of the Dog Fight Crew Enterprise Agreement 2016. The applicant, MEAA, sought the court's approval of the agreement between the employers and the employees within the dog fighting industry. The dispute arose due to disagreements over the terms and conditions of the proposed agreement, necessitating judicial intervention to ensure compliance with the relevant industrial laws.

The central legal issues revolved around whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being "independent" as per section 230 of the Act, and if it satisfied the "no disadvantage test" as outlined in section 235. The court also had to assess whether the agreement provided fair and reasonable terms for both the employees and the employers.

After reviewing the arguments presented by both parties, the commission found that the Dog Fight Crew Enterprise Agreement 2016 was in compliance with the necessary legal requirements. The agreement was deemed to be independent, as it was not made under the direction, coercion, or influence of any party. Furthermore, the commission concluded that the agreement did not result in any party being disadvantaged compared to the terms and conditions that would have been negotiated in the absence of the agreement. Consequently, the court approved the enterprise agreement.

The final orders of the court included the approval of the Dog Fight Crew Enterprise Agreement 2016, effective from 1 July 2016. The agreement is now legally binding on both the employers and the employees within the dog fighting industry, subject to the provisions of the Fair Work Act 2009.

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