DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Media, Entertainment and Arts Alliance
(AG2015/2863)

MATILDA THE MUSICAL CASUAL CREW COLLECTIVE AGREEMENT 2015

Live performance industry
COMMISSIONER CAMBRIDGE	SYDNEY, 16 JUNE 2015

Application for approval of the Matilda The Musical Casual Crew Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as Matilda The Musical Casual Crew Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise greenfields agreement. The application has been made by the Media, Entertainment and Arts Alliance (MEAA) and nominates LOUISE WITHERS PRODUCTIONS PTY LTD & RSC PRODUCTIONS LIMITED (the Employer) as the relevant employer with which the Agreement was made.

[2] The application was lodged at Sydney on 28 May 2015. The application included a Statutory Declaration of Niki Williams made on behalf of the Employer and dated 26 May 2015 (the Declaration). The Declaration stated that the Agreement was made on 25 May 2015. Therefore the application was made within the 14 day time limit established by subsection 185 (4) of the Act.

[3] The application for approval was listed for Hearing in Chambers before the Commission on 16 June 2015. The application included a Statutory Declaration of Paul Murphy dated 28 May 2015, made on behalf of MEAA as an employee organisation in relation to the application for approval.

[4] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have examined the contents of the Declaration and the various other materials included with the application, and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.
[6] Further, and in particular, I am satisfied that MEAA 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.

[7] I note that the Agreement contains a flexibility term at clause 12 and a consultation term at clause 14 which indicates that the Model Consultation Clause shall apply.

[8] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 23 June 2015. The nominal expiry date of the Agreement as indicated in clause 3.2 of the Agreement is 23 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case were the Media, Entertainment and Arts Alliance, and the producers of the musical Matilda The Musical. The dispute centred on the application for approval of the Matilda The Musical Casual Crew Collective Agreement 2015. The application was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly those concerning the protection of casual employees' rights and entitlements. The Commission also needed to consider whether the agreement was consistent with the principles of procedural fairness and whether it provided adequate protections for casual employees.

The Commission began by examining the substantive provisions of the agreement, focusing on the terms and conditions that applied to casual employees. The Commission noted that casual employees often faced greater insecurity and inequality in their employment conditions compared to permanent employees. Therefore, any agreement affecting casual workers needed to be carefully scrutinised to ensure it did not undermine their rights and protections. The Commission also assessed whether the agreement met the requirements for procedural fairness, such as providing adequate notice of the application and an opportunity for interested parties to make submissions. In reaching its decision, the Commission balanced the need to protect casual employees with the practicalities of managing a live theatrical production.

Ultimately, the Commission found that the agreement did comply with the Fair Work Act and met the principles of procedural fairness. The agreement provided for reasonable terms and conditions for casual employees, including provisions for penalty rates, leave entitlements, and other protections. The Commission was satisfied that the agreement offered adequate protections for casual crew members while also considering the operational requirements of producing a live performance. The Commission approved the agreement, noting that it struck an appropriate balance between the interests of the employer and the rights of casual employees.

The Fair Work Commission approved the Matilda The Musical Casual Crew Collective Agreement 2015, subject to the terms and conditions set out in the decision. This approval ensures that casual crew members working on the production will have their employment rights and conditions protected under the 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