Media, Entertainment and Arts Alliance Summary

[2014] FWCA 4731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2014/6508)

DISNEY CASUAL CREW COLLECTIVE AGREEMENT 2014-2015

Live performance industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 15 JULY 2014

Application for approval of the Disney Casual Crew Collective Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Disney Casual Crew Collective Agreement 2014-2015 (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 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.

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

[4] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2014. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Media, Entertainment and Arts Alliance (MEAA) applied to the Fair Work Commission for approval of the Disney Casual Crew Collective Agreement 2014-2015. The application was brought under section 237 of the Fair Work Act 2009, seeking approval of an agreement that had been negotiated between the MEAA and Disney. The dispute centred on the terms of the proposed agreement, which covered the employment conditions of casual workers within the Disney workforce.

The legal issues before the Commission were whether the proposed agreement was a "certified agreement" as defined in the Fair Work Act. The Commission had to consider whether the agreement was "in writing", whether it was "made by an employer and a registered organisation", and whether it complied with various provisions in the Fair Work Act, including the "better off overall test". The Commission also had to determine whether the agreement was "made in good faith".

The Commission found that the proposed agreement was a certified agreement. The Commission was satisfied that the agreement was in writing, was made by an employer and a registered organisation, and complied with the "better off overall test". The Commission also found that the agreement was made in good faith. The Commission noted that the agreement provided for a number of benefits for casual employees, including a loading on the hourly rate of pay, and entitlements to annual leave and personal/carer's leave. The Commission was satisfied that these benefits outweighed any disadvantages of the agreement, and that the agreement was therefore "better off overall" for the employees covered by it.

The Commission approved the proposed agreement, which will now be a legally binding certified agreement between Disney and the MEAA. The agreement will apply to casual employees of Disney who are members of the MEAA, and will remain in force until 30 June 2015, or until it is replaced by a new agreement. The orders of the Commission are set out in the attached document.

Media, Entertainment and Arts Alliance

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established