DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2015/5674)

TOMORROW WHEN THE WAR BEGAN CREW ENTERPRISE AGREEMENT 2015

Broadcasting and recorded entertainment industry
COMMISSIONER CRIBB	MELBOURNE, 5 OCTOBER 2015

Application for approval of the Tomorrow When The War Began Crew Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tomorrow When The War Began Crew Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 (MEAA) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 5 October 2015 and, in accordance with s.54 of the Act, will operate from 12 October 2015. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance filed an application seeking approval of the Tomorrow When The War Began Crew Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement should be certified as a simple, streamlined, or modern award, and whether it met the necessary conditions under the Fair Work Act 2009.

The primary legal issues revolved around the classification of the enterprise agreement and whether it complied with the statutory requirements. The court had to determine if the agreement was a simple, streamlined, or modern award and whether it satisfied the provisions outlined in the Fair Work Act 2009. Specifically, the court examined the provisions of sections 231 and 232 of the Act, which detail the criteria for each type of agreement.

The Fair Work Commission concluded that the proposed agreement met the criteria for a streamlined agreement. It found that the agreement contained all necessary provisions and adhered to the requirements of the Act. The Commission certified the agreement as a streamlined award, ensuring that it provided a fair and balanced outcome for both employers and employees within the industry. This decision was based on the comprehensive nature of the agreement and its alignment with the legislative framework.

The Commission approved the agreement, allowing it to come into effect on the specified date. This outcome provided clarity and certainty for the parties involved, ensuring that the agreement would operate effectively within the industry.

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