DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2017/1986)

WEST AUSTRALIAN BALLET DANCERS’ ENTERPRISE AGREEMENT 2017

Live performance industry
COMMISSIONER LEE	MELBOURNE, 13 JULY 2017

Application for approval of the West Australian Ballet Dancers’ Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the West Australian Ballet Dancers’ Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Media, Entertainment and Arts Alliance. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 20 July 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Media, Entertainment and Arts Alliance, the applicant, and the West Australian Ballet, the respondent, the Federal Circuit and Family Court of Australia was presented with an application for the approval of the West Australian Ballet Dancers’ Enterprise Agreement 2017. The application was brought under the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by a court to become legally binding. The nature of the dispute involved the terms and conditions outlined in the proposed agreement and whether they complied with the legal requirements for approval.

The primary legal issues before the court were whether the agreement met the statutory prerequisites for approval, including whether the agreement had been fairly negotiated, contained appropriate dispute resolution mechanisms, and did not adversely affect the safety and health of employees. Additionally, the court had to determine whether the agreement contained the requisite minimum terms and conditions as specified in the Fair Work Act.

The court, in its decision, closely examined the provisions of the proposed enterprise agreement and found that it satisfied all the statutory requirements for approval. The agreement was determined to have been fairly negotiated, contained adequate dispute resolution processes, and did not compromise the safety and health of the employees. Furthermore, the agreement was found to include all the minimum terms and conditions mandated by the Fair Work Act. The court concluded that the agreement was fair and appropriate for approval, leading to a positive outcome for the applicant. As a result, the court granted the application and approved the West Australian Ballet Dancers’ Enterprise Agreement 2017.

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