DECISION

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

The Media, Entertainment & Arts Alliance
(AG2015/1838)

LES MISÉRABLES CASUAL CREW COLLECTIVE AGREEMENT

Live performance industry
COMMISSIONER CAMBRIDGE	SYDNEY, 9 MARCH 2015

Application for approval of the Les Misérables Casual Crew Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Les Misérables Casual Crew 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 application has been made by the Media, Entertainment and Arts Alliance (the MEAA) and nominates CAMERON MACKINTOSH AUSTRALIA PTY LTD (the Employer) as the relevant employer with which the Agreement was made.

[2] The application was lodged at Sydney on 10 February 2015. The application included a Statutory Declaration of Lauren Wiley made on behalf of the Employer and dated 3 February 2015 (the Declaration). The Declaration stated that the Agreement was made on 3 February 2015. Therefore the application was made within the 14 day time limit established by subsection 185 (4) of the Act.

[3] The Fair Work Commission (the Commission) identified an issue relating to aspects of certain terms contained in the Agreement, which required clarification. The MEAA was advised of this concern and invited to provide a response.

[4] The Commission has received correspondence dated 5 March 2015, from the MEAA which included further material in support of the application together with an Undertaking made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertaking).

[5] The application for approval was listed for Hearing in Chambers before the Commission on 9 March 2015. The application included a Statutory Declaration of Malcolm Tulloch made on behalf of the MEAA as an employee organisation in relation to the application for approval.

[6] 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 examined the contents of the Declaration and the various other materials included with the application, and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[7] I am prepared to accept the Undertaking. As provided by s.191 of the Act, the Undertaking is taken to be a term of the Agreement. I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[8] Further, and 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.

[9] I note that the Agreement contains a flexibility term at clause 12 and a consultation term at clause 14.

[10] The Agreement as varied by the Undertaking is approved. In accordance with s.54 (1) of the Act it will operate from 16 March 2015. The nominal expiry date of the Agreement as indicated in clause 3.2 of the Agreement is 3 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Media, Entertainment & Arts Alliance (MEAA) sought approval for the Les Misérables Casual Crew Collective Agreement, which governed the employment terms of casual crew members involved in the production of Les Misérables at the Capitol Theatre in Sydney. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements for approval as outlined in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was certified by an independent certifier as meeting the "better off overall test" and whether it contained provisions that were not contrary to public policy or contrary to any relevant law. Additionally, the Commission examined whether the agreement was made in good faith and whether it provided for the resolution of disputes in an efficient and effective manner.

In considering the application, the Commission carefully reviewed the agreement's provisions and the evidence presented by both the MEAA and other stakeholders. The Commission found that the agreement was certified as meeting the better off overall test, and it did not contain any provisions contrary to public policy or relevant law. The Commission also determined that the agreement was made in good faith and included provisions for the resolution of disputes. Based on these findings, the Commission approved the Les Misérables Casual Crew Collective Agreement, recognising it as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Les Misérables Casual Crew Collective Agreement, recognising it as a registered agreement that governs the employment terms of casual crew members involved in the production of Les Misérables at the Capitol Theatre in Sydney. This decision provides clarity and certainty to the parties involved and ensures that the agreement meets the necessary legal standards for approval.

The 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