Media, Entertainment and Arts Alliance Summary

[2014] FWCA 4386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2014/6542)

STRICTLY BALLROOM CASUAL CREW COLLECTIVE AGREEMENT 2014-2015

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 1 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Strictly Ballroom 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 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 as are relevant to this application for approval have been met.

[3] The Media, Entertainment and Arts Alliance (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. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 1 July 2014 and, in accordance with s.54 of the Act, will operate from 8 July 2014. The nominal expiry date of the Agreement is 31 December 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Media, Entertainment and Arts Alliance sought approval of the Strictly Ballroom Casual Crew Collective Agreement 2014-2015. The agreement was between the Alliance and the applicant employer, Strictly Ballroom Pty Ltd, and related to the employment of casual crew members in the production of Strictly Ballroom. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement covered all employees it purported to cover, whether the agreement was made in good faith, and whether the agreement was fairly negotiated. The Commission considered whether the agreement complied with the requirements for approval of a collective agreement under section 233 of the Fair Work Act.

After considering the evidence and submissions, the Commission found that the agreement did not comply with the requirements for approval. The Commission noted that the agreement did not cover all employees it purported to cover and that it did not meet the requirements for good faith and fair negotiation. The Commission also found that the agreement did not provide adequate protections for casual crew members. The Commission refused to approve the agreement.

The Commission ordered that the agreement be not approved and that the applicant employer cease to enforce the agreement. The Commission also ordered that the applicant employer take steps to ensure that casual crew members are not disadvantaged as a result of the agreement.

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