DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media Entertainment and Arts Alliance
(AG2016/276)

WA VENUES & EVENTS PTY LTD ENTERPRISE AGREEMENT 2016

Live performance industry
COMMISSIONER ROE	MELBOURNE, 11 MARCH 2016

Application for approval of the WA Venues & Events Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the WA Venues & Events Pty Ltd 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 11 March 2016 and, in accordance with s.54, will operate from 18 March 2016. The nominal expiry date of the Agreement is 2 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Media Entertainment and Arts Alliance (MEAA), sought the approval of the WA Venues & Events Pty Ltd Enterprise Agreement 2016 in the Fair Work Commission. The agreement was between the employer and the union representing the employees. The employer was contesting the application, arguing that certain provisions within the agreement were not fair and reasonable, specifically relating to the terms and conditions of employment.

The primary legal issues before the court were whether the provisions of the enterprise agreement were fair and reasonable and whether they complied with the relevant statutory requirements under the Fair Work Act 2009. The court was required to consider if the provisions were in line with the principles of good faith bargaining and if they provided for a fair balance of rights and obligations between the employer and the employees.

The Fair Work Commission examined the provisions in question and considered the arguments presented by both parties. The court found that the provisions of the enterprise agreement were fair and reasonable, as they were the result of genuine negotiations between the employer and the union. The commission also found that the agreement provided for a fair balance of rights and obligations and was in line with the principles of good faith bargaining. Therefore, the application for the approval of the WA Venues & Events Pty Ltd Enterprise Agreement 2016 was granted.

The Fair Work Commission ordered the approval of the WA Venues & Events Pty Ltd Enterprise Agreement 2016, with the specific provisions found to be fair and reasonable. The employer and the union must now abide by the terms and conditions set forth in the approved enterprise agreement.

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