DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2016/3277)

SINGING IN THE RAIN CASUAL CREW COLLECTIVE AGREEMENT 2016-2018

Live performance industry
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the Singing in the Rain Casual Crew Collective Agreement 2016-2018.

[1] An application has been made for approval of an enterprise Agreement known as the Singing in the Rain Casual Crew Collective Agreement 2016-2018 (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] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 30 June 2016. 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 sought approval for the Singing in the Rain Casual Crew Collective Agreement 2016-2018, which was to apply to casual workers employed by Singing in the Rain. The company, through its representative, opposed the application on the basis that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The Fair Work Commission heard the matter and was required to determine whether the agreement should be approved.

The central legal issue was whether the agreement met the criteria for approval under section 229 of the Fair Work Act 2009. This required the Commission to consider whether the agreement provided for the appropriate matters, was made in good faith, and was appropriately certified by the relevant union. The Commission also had to consider whether the agreement was consistent with the Fair Work Act’s objectives and the principles of enterprise bargaining.

In assessing the agreement, the Commission examined the process by which the agreement was made, the content of the agreement, and the evidence provided by the parties. The Commission determined that the agreement was appropriately certified and that it provided for the appropriate matters, including wages, conditions, and other terms and conditions of employment. The Commission also found that the agreement was made in good faith and was consistent with the objectives of the Fair Work Act. As a result, the Commission approved the agreement.

The Commission approved the Singing in the Rain Casual Crew Collective Agreement 2016-2018, finding that it met the criteria for approval under the Fair Work Act. The agreement was to apply to casual workers employed by Singing in the Rain for the period of 2016-2018, providing for wages, conditions, and other terms and conditions of employment.

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