Media, Entertainment and Arts Alliance

[2014] FWCA 7573

FAIR WORK COMMISSION

DECISION

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

Media, Entertainment and Arts Alliance
(AG2014/9384)

DIRTY DANCING CASUAL CREW COLLECTIVE AGREEMENT

Live performance industry
COMMISSIONER CAMBRIDGE	SYDNEY, 24 OCTOBER 2014

Application for approval of the Dirty Dancing Casual Crew Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Dirty Dancing Casual Crew Collective Agreement (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 (the MEAA) and nominates Skyline Theatricals Pty Ltd (the Employer) as the relevant employer with which the Agreement was made.

[2] The application was lodged at Sydney on 10 October 2014. The application included a Statutory Declaration of Mitzi Zaphir made on behalf of the Employer and dated 8 October 2014, (the Declaration). The Declaration stated that the Agreement was made on 03 October 2014. 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 Fair Work Commission (the Commission) on 24 October 2014. The application included a Statutory Declaration of Mal Tulloch made on behalf of the 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] Further, I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the 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.

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

[7] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 31 October 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 (MEAA) applied for the approval of the Dirty Dancing Casual Crew Collective Agreement. The application was heard in the Fair Work Commission, which has the authority to approve or reject collective agreements under the Fair Work Act 2009. The agreement in question was entered into between the MEAA and a group of casual workers in the entertainment industry, known as the "Dirty Dancing Casual Crew." The dispute centred on whether the agreement complied with the requirements of the Fair Work Act and the principles of good faith bargaining.

The legal issues before the Commission included whether the agreement was consistent with the provisions of the Act, whether the bargaining was conducted in good faith, and whether the agreement was in the best interests of the workers it sought to represent. The MEAA argued that the agreement was a fair and reasonable outcome of good faith bargaining, while the opposing party contended that the agreement did not meet the statutory requirements and did not represent the workers' interests effectively. The Commission had to determine whether the agreement complied with the legal standards and if it was appropriate for approval.

The Fair Work Commission found that the Dirty Dancing Casual Crew Collective Agreement met the necessary criteria. The Commission determined that the agreement was the product of good faith bargaining and was consistent with the principles set out in the Fair Work Act. It also found that the agreement was in the best interests of the casual workers it sought to represent, as it provided them with fair and reasonable terms and conditions of employment. Consequently, the Commission approved the agreement, allowing it to be registered and enforced under the Act.

The Commission's decision was based on a comprehensive review of the evidence and arguments presented by both parties. The approval of the agreement signified the Commission's recognition of the MEAA's efforts in negotiating a fair and reasonable outcome for the casual workers in the entertainment industry. The final orders of the Commission included the approval and registration of the Dirty Dancing Casual Crew Collective Agreement, which would now be legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established