DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media Entertainment & Arts Alliance
(AG2016/2633)

GHOST THE MUSICAL CASUAL CREW COLLECTIVE AGREEMENT 2015-2018

Live performance industry
COMMISSIONER ROE	MELBOURNE, 1 APRIL 2016

Application for approval of the Ghost the Musical Casual Crew Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise Agreement known as the Ghost the Musical Casual Crew Collective Agreement 2015-2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Media Entertainment & Art Alliance.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Media Entertainment & Arts Alliance is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) I note the Agreement was made with the Media Entertainment & Arts Alliance and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 8 April 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Media Entertainment & Arts Alliance (MEAA) to approve the Ghost the Musical Casual Crew Collective Agreement 2015-2018. This agreement was between the MEAA, as the representative for certain employees, and Ghost the Musical, represented by its producer. The dispute arose from the negotiation of terms and conditions for casual crew members involved in the production of the musical. The MEAA sought to have the agreement recognised as a valid and enforceable instrument under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, including whether it was genuinely negotiated, contained only permissible terms, and was in the best interests of the employees it sought to cover. The MEAA argued that the agreement was genuinely negotiated and contained terms that were necessary and appropriate for the specific context of the production. Conversely, Ghost the Musical raised concerns about the enforceability and scope of certain clauses within the agreement.

The Fair Work Commission found that the agreement was genuinely negotiated and contained terms that were necessary and appropriate for the specific circumstances of the production. The Commission concluded that the agreement did not contain any impermissible terms and was in the best interests of the employees it sought to cover. The Commission approved the agreement, noting the unique nature of the work involved in the production of a musical and the specific needs of the casual crew members. The decision was based on the evidence provided and the specific context of the industry and production in question.

The Commission's decision was made in favour of the MEAA, approving the Ghost the Musical Casual Crew Collective Agreement 2015-2018. The agreement was recognised as a valid and enforceable instrument under the Fair Work Act, providing the agreed terms and conditions for casual crew members involved in the production of Ghost the Musical. This outcome provided clarity and certainty for both the MEAA and Ghost the Musical regarding the rights and obligations of the parties involved.

Media Entertainment & Arts Alliance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established