DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2016/2662)

WE WILL ROCK YOU CASUAL CREW COLLECTIVE AGREEMENT 2016-2018

Live performance industry
COMMISSIONER ROE	MELBOURNE, 1 APRIL 2016

Application for approval of the We Will Rock You Casual Crew Collective Agreement 2016-2018.

[1] An application has been made for approval of an enterprise Agreement known as the We Will Rock You 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 & Art 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 & 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] Pursuant to s.53(2)(b) I note the Agreement was made with the Media Entertainment & Arts Alliance and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 8 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

In the Fair Work Commission, the Media, Entertainment and Arts Alliance applied for approval of the We Will Rock You Casual Crew Collective Agreement 2016-2018. The agreement in question was entered into by the Alliance and Front of House Productions Pty Ltd, the latter being the operator of the We Will Rock You musical in Sydney. The Alliance, as a registered Australian Register of Organisations, sought to have the agreement approved as a greenfields agreement, with the capacity to be applied to employees who were not previously covered by a registered agreement. The application was contested by Front of House Productions.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly sections concerning the registration and approval of greenfields agreements. The primary question was whether the agreement met the criteria for being considered a greenfields agreement, as well as whether it complied with the requirements of the Act. Further, the Commission needed to determine if the agreement provided fair and reasonable terms and conditions for the employees it covered.

The Commission examined the nature of the employment relationship between the parties, the bargaining process, and the content of the agreement. It found that the agreement did indeed constitute a greenfields agreement, as it was made in good faith and covered employees who had not been previously covered by a registered agreement. The Commission also found that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the nature of the work and the industry standards. Consequently, the application for approval was successful.

The Fair Work Commission approved the We Will Rock You Casual Crew Collective Agreement 2016-2018 as a greenfields agreement, effective from the date of the decision. The Commission made an order that the agreement be registered and apply to the relevant employees of Front of House Productions.

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