DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2014/10365)

WA VENUES & EVENTS PTY LTD ENTERPRISE AGREEMENT 2015

Live performance industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 9 FEBRUARY 2015

Application for approval of the WA Venues & Events Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the WA Venues & Events Pty Ltd Enterprise Agreement 2015 (Agreement). The application was made by 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] An undertaking has been given in relation to clause 22 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] 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 this organisation.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2015. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance lodged an application for the approval of the WA Venues & Events Pty Ltd Enterprise Agreement 2015 before the Fair Work Commission. The dispute revolved around the terms and conditions of employment for employees working in the entertainment and events sector in Western Australia. The applicant sought to have the enterprise agreement approved by the Commission, ensuring that the terms and conditions it contained were fair and reasonable for the employees.

The primary legal issue before the Commission was whether the enterprise agreement satisfied the requirements of the Fair Work Act 2009. This included determining if the agreement contained all the mandated minimum terms, if it was free from prohibited content, and if it was consistent with the overarching principles of the Fair Work Act. Additionally, the Commission needed to assess whether the agreement had been genuinely negotiated between the employer and the employees' representative.

In reaching its decision, the Commission examined the provisions of the enterprise agreement and compared them with the minimum standards set out in the Fair Work Act. The Commission considered the evidence provided by the parties regarding the negotiation process and the fairness of the agreement's terms. After careful consideration, the Commission determined that the enterprise agreement met the legislative requirements and was fair and reasonable for the employees. The Commission approved the enterprise agreement, allowing it to come into effect on the specified date.

The Fair Work Commission approved the WA Venues & Events Pty Ltd Enterprise Agreement 2015, confirming that it met the necessary criteria under the Fair Work Act. The agreement was deemed to contain all the mandated minimum terms, be free from prohibited content, and consistent with the principles of the Act. The Commission's approval ensures that the terms and conditions of employment for the employees in the entertainment and events sector in Western Australia are governed by a fair and reasonable enterprise agreement.

Media, Entertainment and Arts Alliance

DECISION

APPENDIX A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established