Australian Entertainment Industry Association T/A Live Performance Australia
[2024] FWC 1629
•21 JUNE 2024
| [2024] FWC 1629 |
| FAIR WORK COMMISSION |
| STATEMENT |
Fair Work Act 2009
s.158—Application to vary or revoke a modern award
Australian Entertainment Industry Association T/A Live Performance Australia
(AM2024/10)
| Live performance industry | |
| JUSTICE HATCHER, PRESIDENT | SYDNEY, 21 JUNE 2024 |
Application to vary clauses 27, 28, 29, 30 and 31 of the Live Performance Award 2020 in relation to fixed term contracts – amended recommendation – modern awards objective – provisional view – variation to award.
On 9 February 2024, the Australian Entertainment Industry Association trading as Live Performance Australia (LPA) applied under s 158 of the Fair Work Act 2009 (Cth) (FW Act) to vary the Live Performance Award 2020[1] (Award). LPA seeks to vary the Award to add terms permitting performers, company dancers and musicians to be employed under fixed term contracts in certain circumstances. Such terms are intended to enliven the exception in s 333F(1)(h) of the FW Act to the prohibition in s 333E(1) upon the use of fixed terms contracts in the circumstances described in ss 333E(2)-(4).
The matter was listed for an initial directions hearing before me on 4 March 2024. At that directions hearing, the Media, Entertainment and Arts Alliance (MEAA) appeared and indicated that it opposed LPA’s application in part. No other party appeared at the hearing or has since communicated to the Commission an interest in the matter. LPA and the MEAA agreed there would be utility in convening a conference, to be facilitated by the Commission, to endeavour to resolve the issues in dispute.
The parties filed position papers ahead of the first conference on 22 March 2024. Two further conferences were convened, on 8 and 29 April 2024. The parties were able to reach agreement about some but not all matters. It was ultimately agreed that I should make a recommendation as to the appropriate terms of variations to the Award to resolve the disputed issues.
On 13 June 2024, I issued a Recommendation setting out the variations which I recommended be made to the Award in the Attachment.[2] The LPA and MEAA were asked to advise my chambers by 20 June 2024 whether they accepted the Recommendation.
On 19 June 2024, my chambers received correspondence from LPA[3] identifying an apparent drafting error in the proposed variations. An Amended Recommendation correcting the error was republished on 20 June 2024.[4]
On 20 June 2024, my chambers received correspondence from both the LPA and MEAA confirming that the Amended Recommendation was accepted.[5]
It is my provisional view that the variations to the Award proposed in the Amended Recommendation are necessary to achieve the modern awards objective in s 134(1) of the FW Act.
Next steps
A draft determination giving effect to my provisional view will be published together with this statement.
If any interested party opposes the variations set out in the draft determination, they must file submissions by 12:00pm (AEST) on Friday 28 June 2024. In the absence of any submissions opposing the variation, the variations will be made on 28 June 2024 and will come into operation on 30 June 2024.
PRESIDENT
[1] MA000081.
[2] Recommendation [2024] FWC 1533, 13 June 2024.
[3] LPA Correspondence, 19 June 2024.
[4] Amended Recommendation [2024] FWC 1533, 13 June 2024.
[5] LPA Correspondence, 20 June 2024; MEAA Correspondence, 20 June 2024.
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