Struck Oil Pty Ltd

[2024] FWCA 2445

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a Greenfields agreement

Struck Oil Pty Ltd

(AG2024/2269)

SISTER ACT CASUAL CREW COLLECTIVE AGREEMENT 2024

Live performance industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 2 JULY 2024

Application for approval of the Sister Act Casual Crew Collective Agreement 2024

Introduction

An application has been made for approval of a greenfields agreement known as the Sister Act Casual Crew Collective Agreement 2024 (the Agreement). The application was made by Media Entertainment and Arts Alliance pursuant to s.185 of the Fair Work Act 2009 (Act).

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 (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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the MEAA and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2024. The nominal expiry date of the Agreement is 1 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Struck Oil Pty Ltd, which sought approval of the Sister Act Casual Crew Collective Agreement 2024. The application was heard in the Fair Work Commission, where the primary issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement contained terms that were fair and reasonable for the employees covered by it, while the objectors raised concerns about certain provisions, particularly those relating to casual employment and the calculation of penalty rates.

The Commission examined the fairness and reasonableness of the agreement, taking into account the nature of the industry, the bargaining power of the parties, and the terms of the agreement in relation to the employees' entitlements. The Commission considered the submissions from both sides and the evidence presented, including the impact of the agreement on the casual workforce and the balance of rights and obligations for employers and employees. The key legal issue was whether the agreement provided for a fair and reasonable outcome for the employees, considering the specific circumstances of casual employment.

The Commission concluded that the agreement contained terms that were fair and reasonable for the employees, taking into account the specific context of casual employment in the industry. The Commission found that the agreement adequately addressed the concerns raised by the objectors and provided for a balanced outcome that was in the best interests of the employees. The Commission approved the agreement, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The objectors' concerns were largely addressed through the terms of the agreement and the evidence presented did not justify rejecting the agreement in its entirety.

The Commission's decision was that the Sister Act Casual Crew Collective Agreement 2024 was approved in its entirety, effective from the date of the decision. The Commission also noted that ongoing monitoring and review of the agreement would be necessary to ensure that it continued to meet the statutory requirements for approval. The approval of the agreement provided certainty for both the employer and the employees and was in line with the objectives of the Fair Work Act 2009 to promote harmonious, productive and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established