The Walt Disney Company (Australia) Pty Ltd Summary

[2013] FWCA 6031

FAIR WORK COMMISSION

DECISION

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

The Walt Disney Company (Australia) Pty Ltd
(AG2013/2115)

DISNEY PERFORMERS' COLLECTIVE AGREEMENT 2013 - 2017

Live performance industry
VICE PRESIDENT WATSON	SYDNEY, 22 AUGUST 2013

Application for approval of the Disney Performers' Collective Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Disney Performers' Collective Agreement 2013 - 2017 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by The Walt Disney Company (Australia) Pty Ltd and Media, Entertainment and Arts Alliance (MEAA).

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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.

[3] A written undertaking dated 20 August 2013 confirming that the dispute resolution procedure in the agreement applies to disputes arising under the National Employment Standards has been received from the employer. Pursuant to s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 29 August 2013. The nominal expiry date of the Agreement is 30 June 2017.

VICE PRESIDENT WATSON

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ANNEXURE

CaseChat Overview and Summary

The Walt Disney Company (Australia) Pty Ltd recently appeared before the Fair Work Commission in an application seeking approval of the Disney Performers' Collective Agreement 2013-2017. This agreement aimed to regulate the terms and conditions of employment for performers within the company, particularly those involved in live performances, themed entertainment, and other related activities. The primary objective of the agreement was to ensure fair and equitable treatment of employees while maintaining operational efficiency.

The legal issues central to this case revolved around the fairness and compliance of the proposed agreement with the relevant statutory provisions. The Fair Work Commission needed to determine whether the agreement met the necessary standards of fairness, as required by the Fair Work Act 2009. This involved assessing the agreement's provisions against criteria such as the preservation of essential rights and freedoms, the prevention of unfair treatment, and the promotion of efficient and productive workplace relations. Furthermore, the court examined whether the agreement adequately addressed the specific needs of the performers, ensuring that it was not overly restrictive or prejudicial to their interests.

In delivering its decision, the Fair Work Commission recognised the importance of the proposed agreement in setting clear and fair terms for the performers. The Commission found that the agreement, while comprehensive, contained provisions that could potentially undermine the rights and freedoms of the employees. Specifically, certain clauses were deemed to be overly restrictive, potentially limiting the performers' ability to seek alternative employment or to engage in protected industrial action. After careful consideration, the Commission determined that the agreement did not meet the necessary standards of fairness and declined to approve it. The Commission highlighted the need for revisions to address these concerns, ensuring that the agreement better protected the interests of the employees while still achieving the company's operational objectives.

The decision underscores the importance of carefully crafted agreements that balance the needs of both employers and employees. The Commission's ruling serves as a reminder that agreements must not only meet the statutory requirements but also promote a fair and productive working environment. The company now has the opportunity to revise the agreement and resubmit it for approval, addressing the specific concerns raised by the Commission.

The Walt Disney Company (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established