Media, Entertainment and Arts Alliance Summary

[2013] FWCA 8653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2013/9143)

AUSTRALIA WIDE SECURITY & PROTECTION PTY LTD/ MEDIA ENTERTAINMENT AND ARTS ALLIANCE (CASUAL EMPLOYEES) ENTERPRISE AGREEMENT 2013-2016

Security services
COMMISSIONER GREGORY	MELBOURNE, 1 NOVEMBER 2013

Application for approval of the AUSTRALIA WIDE SECURITY & PROTECTION PTY LTD/ Media Entertainment and Arts Alliance (Casual Employees) Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the AUSTRALIA WIDE SECURITY & PROTECTION PTY LTD/ Media Entertainment and Arts Alliance (Casual Employees) Enterprise Agreement 2013-2016 (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 have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval 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 that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2013. The nominal expiry date of the Agreement is 7 November 2016.

Attachment 1:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Media, Entertainment and Arts Alliance brought an application for the approval of a proposed enterprise agreement between Australia Wide Security & Protection Pty Ltd and the Media Entertainment and Arts Alliance. The proposed agreement aimed to regulate employment terms and conditions for casual employees within the security industry. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The key legal issues before the Commission involved assessing whether the agreement contained the necessary provisions for minimum wages, penalty rates, and other mandatory entitlements as stipulated by the Act. Additionally, the Commission had to ensure that the agreement was free from any provisions that might unfairly discriminate against employees.

The Commission meticulously examined the proposed agreement, confirming that it included all necessary provisions for minimum wages and penalty rates as required by the Act. It also considered whether the agreement's terms were consistent with the broader objectives of the Fair Work Act, particularly in providing fair and equitable terms and conditions of employment. The Commission further evaluated the agreement to ensure it did not contain any discriminatory provisions that might adversely affect employees. Upon its review, the Commission found that the proposed agreement met all the statutory requirements and did not include any unfair discriminatory provisions. Consequently, the Commission approved the agreement, recognising its compliance with the legislative standards for enterprise agreements.

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