DECISION

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

Media, Entertainment and Arts Alliance
(AG2015/1672)

CVEM SECURITY GROUP PTY LTD/ MEDIA ENTERTAINMENT ARTS ALLIANCE (CASUAL EMPLOYEES) ENTERPRISE AGREEMENT 2014-2017

Security services
COMMISSIONER ROE	MELBOURNE, 2 FEBRUARY 2015

Application for approval of the CVEM Security Group Pty Ltd / Media Entertainment Arts Alliance (Casual Employees) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the CVEM Security Group Pty Ltd / Media Entertainment Arts Alliance (Casual Employees) Enterprise Agreement 2014-2017 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, CVEM Security Group Pty Ltd, sought approval of the Media Entertainment Arts Alliance (Casual Employees) Enterprise Agreement 2014-2017. The respondent, Media, Entertainment and Arts Alliance, opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The application was heard by the Fair Work Commission.

The central legal issue was whether the agreement complied with the provisions of the Fair Work Act, specifically section 231, which sets out the criteria for the approval of an enterprise agreement. The respondent argued that the agreement failed to meet the "better off overall test" as it did not provide employees with a minimum of the national minimum wage and entitlements as required by the Act.

The Commission considered the evidence provided by both parties and examined the terms of the agreement. The Commission found that the agreement did not provide for a minimum of the national minimum wage and entitlements, and therefore did not meet the "better off overall test". The Commission also found that the agreement did not include provisions for the protection of employees' rights and did not provide for adequate dispute resolution mechanisms. As a result, the Commission did not approve the agreement.

The Fair Work Commission did not grant approval of the Media Entertainment Arts Alliance (Casual Employees) Enterprise Agreement 2014-2017. The agreement was found to be non-compliant with the Fair Work Act, specifically section 231, as it did not provide employees with a minimum of the national minimum wage and entitlements, and lacked adequate provisions for the protection of employees' rights and dispute resolution mechanisms.

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