DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Chunky Move
(AG2021/6501)

CHUNKY MOVE DANCERS’ CERTIFIED AGREEMENT 2009 - 2011

Amusement, events and recreation industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 SEPTEMBER 2021

Application for variation of the Chunky Move Dancers’ Certified Agreement 2009 - 2011.

[1] An application has been made for approval of a variation to the Chunky Move Dancers’ Certified Agreement 2009 - 2011 (the Agreement). The application was made by Chunky Move pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chunky Move sought to vary the Certified Agreement with the Chunky Move Dancers’ Association, which governs the employment of dancers. The dispute reached the Fair Work Commission, where the applicants aimed to modify the agreement to improve financial conditions and working arrangements for the dancers. The key legal issues before the Commission were whether the proposed changes were consistent with the Fair Work Act and the principles of good faith bargaining. The Commission considered if the changes met the criteria for a lawful variation, including whether they were necessary to achieve a fair and equitable outcome for both parties.

The Commission evaluated the evidence presented by both parties and examined the broader context of the performing arts industry. It considered the financial sustainability of Chunky Move, the financial viability of the dancers, and the need for flexibility in working conditions. The Commission held that the proposed changes were necessary to ensure the long-term viability of Chunky Move and the financial security of the dancers. It found that the changes were reasonable and in line with the principles of good faith bargaining. The Commission approved the variation of the Certified Agreement, noting that the changes would help maintain a sustainable and equitable relationship between Chunky Move and the dancers.

The Fair Work Commission's decision was based on a careful analysis of the evidence and the broader industry context. It recognised the need for flexibility and sustainability in the performing arts sector, while also ensuring fair treatment of the dancers. The Commission concluded that the proposed changes were necessary and appropriate, and thus approved the variation of the Certified Agreement. The decision provides a framework for future negotiations and agreements in the sector, balancing the interests of both parties. The final orders included the variation of the Certified Agreement as proposed by Chunky Move, effective from the date of the decision.

Chunky Move

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established