Media, Entertainment and Arts Alliance

[2014] FWCA 5542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2014/4127)

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

Security services
COMMISSIONER GREGORY	MELBOURNE, 18 AUGUST 2014

Application for approval of the CONSTANT SECURITY PTY LTD/Media Entertainment and Arts Alliance (Casual Employees) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the CONSTANT SECURITY PTY LTD/Media Entertainment and 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) by the Media, Entertainment and Arts Alliance (MEAA). It is a single-enterprise agreement.

[2] On reviewing the application of the Commission sought further clarification about the intended daily span of hours and the entitlement of casual employees to overtime. The Applicant indicated in response it would provide further clarification about this issue. Undertakings were subsequently received from the Employer. I have accepted those undertakings which will now form part of the Agreement. A copy is also attached to this decision.

[3] I am otherwise satisfied each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application have been met.

[4] The Media, Entertainment and Arts Alliance, being a bargaining representative for the Agreement, has given notice under s.183 of the Act it wants the Agreement to cover it. In accordance with s.201(2) I note the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2014. The nominal expiry date of the Agreement is 24 August 2017.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Media, Entertainment and Arts Alliance, sought approval of the CONSTANT SECURITY PTY LTD/Media Entertainment and Arts Alliance (Casual Employees) Enterprise Agreement 2014-2017. The dispute arose under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The applicant aimed to have the enterprise agreement recognised as a registered agreement, which would give it legal effect and enforceability.

The legal issues before the commission were whether the agreement met the requirements of the Fair Work Act, including whether the agreement was made in good faith, the parties genuinely agreed to the terms, and whether the agreement included the necessary minimum terms as prescribed by the Act. Additionally, the commission considered whether the agreement was appropriately certified by the Australian Building and Construction Commission, as it was an amended version of a previously registered agreement.

The commission found that the agreement was made in good faith and that the parties genuinely agreed to its terms. It was also determined that the agreement included the necessary minimum terms and was appropriately certified. The commission approved the amended agreement, noting that the changes did not alter the fundamental nature of the original agreement and that the amendments were reasonable and necessary. The applicant's application was therefore successful.

The final orders included the approval of the amended CONSTANT SECURITY PTY LTD/Media Entertainment and Arts Alliance (Casual Employees) Enterprise Agreement 2014-2017 as a registered agreement, effective from the date of the commission's decision. The agreement was to be registered and published on the Fair Work Commission's website, and the parties were directed to abide by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established