Media, Entertainment and Arts Alliance

[2014] FWCA 2575

[2014] FWCA 2575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2014/3568)

GUARDIAN VENUE MANAGEMENT INTERNATIONAL PTY LTD / MEDIA ENTERTAINMENT AND ARTS ALLIANCE (CASUAL EMPLOYEES) ENTERPRISE AGREEMENT 2013-2017

Security services
COMMISSIONER GREGORY	MELBOURNE, 17 APRIL 2014

Application for approval of the GUARDIAN VENUE MANAGEMENT INTERNATIONAL 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 GUARDIAN VENUE MANAGEMENT INTERNATIONAL 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). It has been made by the Media, Entertainment and Arts Alliance and is a single-enterprise Agreement.

[2] On reviewing the application the Commission sought further information about various matters from the Applicant and from Guardian Venue Management International Pty Ltd. These concerned, in particular, the hours of work and the proposed spread of hours arrangements, as well as the wage rates proposed to be paid for work performed after 6 p.m. The matter was also set down for hearing to enable the application to be progressed. Ms Patricia McDonough, an Industrial Officer with the Media, Entertainment and Arts Alliance – New South Wales branch, and Mr Michael Lakkis, a Director of Guardian Venue Management International Pty Ltd, appeared in those proceedings.

[3] The employer employs casual staff to provide security services at specific event venues. It indicated those employees typically work between four and eight hours on each occasion they are engaged, and generally work on one or two occasions each week. At the time the application was made 12 employees were intended to be covered by the proposed Agreement.

[4] Mr Lakkis also offered to provide various undertakings in response to the issues raised by the Commission. They include an undertaking that limits the duration of ordinary time shifts and would act to vary the existing provisions contained in sub clause 13.2 of the proposed Agreement. A further undertaking also provides that the shift penalty contained in the underlying Award, being the Security Services Industry Award 2010, will also apply in addition to the loaded rates contained in sub clause 12.1 of the proposed Agreement.

[5] I have accepted those undertakings given by the employer. They are attached to this decision and will form part of the Agreement.

[6] I am also satisfied that each of the remaining requirements of ss.186, 187, 188 and s.190, as are relevant to this application for approval, have been met.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2014. The nominal expiry date of the Agreement is 1 January 2017.

COMMISSIONER

Attachment A:

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