Skyline Theatricals Pty Ltd Summary

[2013] FWCA 4575

FAIR WORK COMMISSION

DECISION

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

Skyline Theatricals Pty Ltd
(AG2013/1785)

GREASE PERFORMERS' COLLECTIVE AGREEMENT

Live performance industry
COMMISSIONER CAMBRIDGE	SYDNEY, 10 JULY 2013

Application for approval of the GREASE Performers' Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the GREASE Performers’ Collective Agreement(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise greenfields agreement. The Agreement has been made between Skyline Theatricals Pty Ltd (the Employer) and the Media, Entertainment and Arts Alliance (MEAA).

[2] The application was lodged at Sydney on 2 July 2013. The application included an undated and unsigned Statutory Declaration which has subsequently been replaced with a Statutory Declaration of Craig Donnell made on behalf of the Employer and dated 8 July 2013, (the Declaration). The Declaration stated that the Agreement was made on 2 July 2013. Therefore the application was made within the 14 day time limit established by subsection 185 (4) of the Act.

[3] The application for approval was listed for Hearing in Chambers on 10 July 2013. No party or individual sought to be heard in respect to the matter.

[4] Consequently, I have further considered the application for approval having regard for the unchallenged material provided in support of the application.

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration and on the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[6] Further, I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the MEAA 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.

[7] I note that the Agreement contains a flexibility term at clause 14 and a consultation term at clause 49.

[8] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 17 July 2013. The nominal expiry date of the Agreement is 31 December 2013.

COMMISSIONER

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CaseChat Overview and Summary

Skyline Theatricals Pty Ltd, an applicant, sought approval for the GREASE Performers' Collective Agreement. The application was heard in the Fair Work Commission. The dispute centred on the terms and conditions of employment for performers involved in the production of the musical GREASE. The primary issue for the Commission was whether the provisions of the proposed agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of employers and employees, particularly in relation to remuneration, working hours, and other employment conditions.

The Commission examined the agreement clause by clause, ensuring that it adhered to the principles of the Fair Work Act and the Fair Work Regulations 2009. It was crucial that the agreement did not undermine the existing protections afforded to employees and did not introduce terms that were detrimental to the workforce. The Commission also considered submissions from both Skyline Theatricals and the relevant union representatives, weighing their concerns and arguments to assess the fairness and reasonableness of the proposed terms. After careful consideration, the Commission determined that the agreement did not contain any provisions that were contrary to the legislative framework or that would unfairly disadvantage either party.

The Fair Work Commission approved the GREASE Performers' Collective Agreement, finding it to be fair and reasonable in all respects. The Commission noted that the agreement provided a balanced approach to the employment conditions for performers in the production, taking into account the interests of both employers and employees. The decision was based on the comprehensive analysis of the agreement's provisions and the submissions received during the hearing. The Commission's approval ensures that the agreement can now be implemented, providing a clear framework for the employment of performers in the GREASE production.

Skyline Theatricals Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established