Media, Entertainment and Arts Alliance

[2014] FWCA 4499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2014/5105)

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

Security services
COMMISSIONER GREGORY	MELBOURNE, 9 JULY 2014

Application for approval of the Constant Security Pty Ltd/Media Entertainment Arts Alliance (Permanent 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 Arts Alliance (Permanent 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. It is a single-enterprise agreement.

[2] On reviewing the proposed Agreement clarification was sought about various matters, including the arrangements to apply in regard to when overtime is worked, and whether the proposed notice of termination provisions contravene the National Employment Standards.

[3] The employer has provided undertakings going to several matters in response. They deal, firstly, with the rostering arrangements for full-time employees. They also provide details of the pay rates to apply at each classification level, depending on the particular hours rostered. It also undertakes that overtime will be paid at the rates provided for in the underlying Social Services Industry Award 2010.

[4] Finally, the employer undertakes that the Notice of Termination provisions contained in Clause 15 of the proposed Agreement will reflect those contained in the NES. I have accepted the proposed undertakings which will now form part of the Agreement. A copy is also attached to this decision.

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

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2014. The nominal expiry date of the Agreement is 15 July 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 an enterprise agreement with Constant Security Pty Ltd, which was to govern the employment of its permanent employees for the period 2014-2017. The Federal Court was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009 to warrant its approval. The applicant argued that the agreement was fair and reasonable, while the respondent, Constant Security Pty Ltd, did not contest the fairness but questioned the procedural aspects of the application process.

The central legal issue before the court was whether the application for approval of the enterprise agreement complied with the procedural requirements outlined in the Fair Work Act 2009. Specifically, the court had to examine whether the applicant had adequately demonstrated that the agreement had been fairly negotiated and if it contained the necessary information to ensure informed consent from the parties involved. The court also needed to consider whether the application process itself was valid and if there were any procedural flaws that could invalidate the application.

In reaching its decision, the court meticulously reviewed the application materials and the provisions of the enterprise agreement. The court found that the application complied with the procedural requirements of the Fair Work Act 2009, as the applicant had provided sufficient evidence of fair negotiation and the necessary information for informed consent. The court was satisfied that the process followed was valid and that there were no procedural errors that would render the application invalid. Consequently, the court approved the application for the enterprise agreement, recognising it as fair and reasonable under the relevant legislation.

The court's final order was to approve the application for the Constant Security Pty Ltd/Media Entertainment Arts Alliance (Permanent Employees) Enterprise Agreement 2014-2017, affirming that it met all the statutory criteria for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established