DECISION

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

Media, Entertainment and Arts Alliance
(AG2014/10011)

WICKED CASUAL CREW COLLECTIVE AGREEMENT

Live performance industry
COMMISSIONER CAMBRIDGE	SYDNEY, 5 DECEMBER 2014

Application for approval of the Wicked Casual Crew Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Wicked Casual Crew Collective Agreement(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 (MEAA) and it identified the relevant employer to be THE GORDON FROST ORGANISATION PTY LTD & Wicked Australia LLC (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 21 November 2014. The application included a Statutory Declaration of Rebecca Windsor dated 20 November 2014 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 6 November 2014. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where the application was made 1 day after the 14 day period, and an explanation for the late lodgement has been provided, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 5 December 2014. I note that the file has included a Statutory Declaration of Anastasia Symons made on behalf of the MEAA as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 12 and a consultation term at clause 14.

[6] 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.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the MEAA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 12 December 2014. The nominal expiry date of the Agreement as specified in clause 3.2 of the Agreement, is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance brought an application before the Fair Work Commission for the approval of the Wicked Casual Crew Collective Agreement. The agreement was submitted in accordance with the Fair Work Act 2009, aiming to establish terms and conditions for employees within the casual crew sector of the media, entertainment, and arts industries. The primary concern was whether the agreement complied with the statutory requirements and was in the best interests of the employees it covered.

The central legal issues before the Commission involved the compliance of the agreement with the provisions of the Fair Work Act, specifically sections relating to the nature of the agreement, its coverage, and whether it met the standards of procedural fairness and substantive fairness. The Commission had to assess whether the agreement was genuinely a collective agreement, whether it was made without coercion, and whether it provided for fair terms and conditions of employment. Furthermore, the Commission considered whether the agreement adequately addressed the interests of the employees it was designed to cover.

The Fair Work Commission found that the Wicked Casual Crew Collective Agreement was a genuine collective agreement, made without any undue influence or coercion. The agreement was deemed to cover the employees within the scope of the casual crew sector and was found to be procedurally and substantively fair. The Commission emphasised the importance of the agreement in providing a structured framework for casual workers, addressing issues such as minimum rates of pay, penalty rates, and other employment conditions. Given these findings, the Commission approved the agreement, recognising its potential to improve conditions for casual workers in the media, entertainment, and arts industries.

The Fair Work Commission approved the Wicked Casual Crew Collective Agreement, effective from the date of the decision. This approval signified the agreement's compliance with the statutory requirements and its alignment with the principles of procedural and substantive fairness. The decision underscored the importance of collective bargaining in securing fair terms and conditions for casual workers in the specified industries.

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