DECISION

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

Media, Entertainment and Arts Alliance
(AG2020/1964)

WEST AUSTRALIAN BALLET DANCERS' ENTERPRISE AGREEMENT 2019

Live performance industry
COMMISSIONER WILLIAMS	PERTH, 3 AUGUST 2020

Application for approval of the West Australian Ballet Dancers' Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the West Australian Ballet Dancers' Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Media, Entertainment and Arts Alliance. The employer is West Australian Ballet Company (Inc) T/A West Australian Ballet. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2020. The nominal expiry date of the Agreement is 31 December 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case are the Media, Entertainment and Arts Alliance (MEAA) and the West Australian Ballet (WAB). The dispute concerns the application for approval of the West Australian Ballet Dancers' Enterprise Agreement 2019, which was made before the Fair Work Commission. The legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act 2009, and whether it met the standards of procedural and substantive fairness.

The court examined whether the agreement had been negotiated in good faith, and whether it contained all the mandated terms and conditions. Additionally, the court considered whether the agreement was in the best interests of the employees and the broader community. The MEAA argued that the agreement was fair and reasonable, while the WAB contended that certain provisions were unfair and not in the best interests of the employees.

The court found that the agreement was negotiated in good faith and contained all the required terms and conditions. However, it identified several provisions that were not in the best interests of the employees. The court made orders to vary certain provisions of the agreement to ensure they met the standards of procedural and substantive fairness. The agreement was ultimately approved with these variations in place.

Media, Entertainment and 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