DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Michael Cassel Group Pty Limited
(AG2020/3447)

MICHAEL CASSEL GROUP PERFORMERS' COLLECTIVE AGREEMENT 2020-2024

Live performance industry
COMMISSIONER LEE	MELBOURNE, 2 DECEMBER 2020

Application for approval of the Michael Cassel Group Performers' Collective Agreement 2020-2024.

[1] An application has been made for approval of a greenfields agreement known as the Michael Cassel Group Performers’ Collective Agreement 2020-2024 (the Agreement). The application was made by Michael Cassel Group Pty Limited pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 and 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 37.4 – Annual Leave Loading; and

• Clause 43.2 – Personal/Carer’s Leave.

However, noting the written undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2020. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Michael Cassel Group Pty Limited applied to the Fair Work Commission for approval of the Michael Cassel Group Performers' Collective Agreement 2020-2024. The respondents, consisting of various union entities, opposed the approval of the agreement. The application was heard in the Fair Work Commission, with the primary concern being whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for a fair and efficient workplace, and whether it complied with the statutory requirements set forth in the Fair Work Act. Key points of contention included the provisions for minimum wages, allowances, and the treatment of employees during periods of reduced or no work due to events such as the COVID-19 pandemic. The Commission needed to determine whether these provisions were reasonable and equitable, taking into account the specific circumstances of the performing arts industry.

The Fair Work Commission found that the agreement largely met the criteria for approval. The Commission noted that the provisions for minimum wages and allowances were in line with industry standards, and the measures for periods of reduced or no work were fair and reasonable. The Commission was satisfied that the agreement provided for a fair and efficient workplace and complied with the statutory requirements. Consequently, the Commission approved the collective agreement, acknowledging the unique challenges faced by the performing arts industry and the efforts made by both parties to address these issues in a balanced manner.

The final orders of the Commission included the approval of the Michael Cassel Group Performers' Collective Agreement 2020-2024, with the agreement to be registered under the Fair Work Act. The Commission emphasised the importance of continued dialogue and cooperation between the parties to ensure the ongoing fairness and effectiveness of the agreement.

Michael Cassel Group Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established