Media, Entertainment and Arts Alliance

[2013] FWCA 2469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Media, Entertainment and Arts Alliance
(AG2013/5986)

REDDAWN AUSTRALIA PTY. LTD. / MEDIA ENTERTAINMENT AND ARTS ALLIANCE (CASUAL EMPLOYEES) ENTERPRISE AGREEMENT 2013 - 2016

Security services
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 APRIL 2013

Application for approval of the Reddawn Australia 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 Reddawn Australia Pty. Ltd. / Media Entertainment and Arts Alliance (Casual Employees) Enterprise Agreement 2013 - 2016 (the Agreement). The application by the Media Entertainment and Arts Alliance was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] A written undertaking has been provided by the applicant. A copy of the undertaking is attached as Annexure A. The employer, Reddawn Australia Pty. Ltd. concurs with the undertaking given. I note, that under s.191 of the Act, the undertaking is taken to be a term of the agreement.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 1 May 2013. The nominal expiry date of the Agreement is 1 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE400904 PR535920>
Annexure A

CaseChat Overview and Summary

The applicant, the Media, Entertainment and Arts Alliance, sought approval of an enterprise agreement from the Fair Work Commission. The agreement was between Reddawn Australia Pty. Ltd. and the Alliance, concerning casual employees. The dispute was heard and determined by the Fair Work Commission.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement was made in good faith, included appropriate terms and conditions, and did not undermine the fundamental rights of employees. Another concern was whether the agreement allowed for proper consultation and representation of the employees.

The Commission found that the agreement met the statutory requirements for approval. It was made in good faith, included fair terms and conditions, and did not adversely affect the fundamental rights of the employees. The applicant had demonstrated adequate consultation and representation processes were in place. The Commission also considered the potential impact of the agreement on the employees and found it to be in their best interests. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement between Reddawn Australia Pty. Ltd. and the Media, Entertainment and Arts Alliance (Casual Employees), effective from 2013 to 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established