DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2016/2504)

FIDDLER ON THE ROOF CASUAL COLLECTIVE AGREEMENT

Live performance industry
COMMISSIONER LEE	MELBOURNE, 6 APRIL 2016

Application for approval of the Fiddler on the Roof Casual Collective Agreement.

[1] An application has been made for approval of a greenfields agreement known as the Fiddler on the Roof Casual Collective Agreement (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 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 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 applied to the Fair Work Commission for the approval of the Fiddler on the Roof Casual Collective Agreement, which was to apply to employees in the musical industry. The dispute arose as the applicant sought to have the agreement registered under the Fair Work Act 2009, which requires that certain conditions be met for such registration to occur. The applicant argued that the agreement met these conditions, including that it had been negotiated in good faith, and that it contained minimum terms and conditions of employment that were no less favourable than those provided for in the relevant industrial instrument.

The legal issues before the court involved determining whether the agreement was indeed negotiated in good faith and whether it contained terms and conditions that met the minimum standards required by the Fair Work Act 2009. The court had to consider the provisions of the Act and relevant case law to assess the validity of the application. The applicant argued that the agreement was fair and reasonable, and that it provided adequate protections for the employees involved. The respondent, on the other hand, contended that the agreement did not meet the statutory requirements and should not be approved.

In reaching its decision, the court examined the content of the agreement and the process by which it was negotiated. The court found that the agreement had been negotiated in good faith and that it contained terms and conditions that were no less favourable than those provided for in the relevant industrial instrument. The court also considered the evidence presented by both parties and determined that the applicant had met the necessary criteria for approval. As a result, the court approved the Fiddler on the Roof Casual Collective Agreement and ordered that it be registered under 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