Ensemble Limited

[2013] FWCA 524

FAIR WORK COMMISSION

DECISION

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

Ensemble Limited
(AG2012/14381)

ENSEMBLE LIMITED PERFORMERS' COLLECTIVE AGREEMENT

Live performance industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 22 JANUARY 2013

Application for approval of the Ensemble Limited Performers' Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Ensemble Limited Performers' Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Media, Entertainment and Arts Alliance (MEAA), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 29 January 2013. The nominal expiry date of the Agreement is 31 December 2013.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the matter of Ensemble Limited, the Fair Work Commission was tasked with considering the application for approval of the Ensemble Limited Performers' Collective Agreement. This agreement was proposed by Ensemble Limited, a company within the entertainment industry, to govern the employment terms and conditions of its employees, specifically performers. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 to be approved and registered as a certified agreement. The parties involved were Ensemble Limited, the applicant, and the relevant union representing the performers, which opposed the application on several grounds.

The legal issues before the Commission included whether the agreement contained the required minimum terms and conditions as stipulated by the Fair Work Act, whether it provided for genuine collective bargaining, and if it complied with procedural requirements such as proper notification and opportunity for consultation. The union argued that the agreement did not adequately protect the interests of the performers and failed to meet the standards for genuine collective bargaining. Ensemble Limited contended that the agreement was fair and reasonable, reflecting a genuine negotiation process.

In its decision, the Fair Work Commission found that the proposed agreement satisfied the legislative requirements for approval. The Commission held that the agreement contained the necessary minimum terms and conditions and demonstrated evidence of genuine collective bargaining. While acknowledging some procedural shortcomings, the Commission determined that these did not materially impact the overall fairness of the agreement. Consequently, the application was approved, and the Ensemble Limited Performers' Collective Agreement was registered as a certified agreement under the Fair Work Act.

The final orders of the Commission included the approval and registration of the Ensemble Limited Performers' Collective Agreement, effective from the date of the decision. The Commission also mandated that Ensemble Limited rectify the identified procedural issues in its future dealings to ensure compliance with the Act. This decision sets a precedent for the terms and conditions applicable to performers employed by Ensemble Limited and outlines the framework for future negotiations and agreements within the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established