DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Opera Australia
(AG2015/5560)

AUSTRALIAN OPERA AND BALLET ORCHESTRA ENTERPRISE AGREEMENT 2015 - 2016

Live performance industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 25 SEPTEMBER 2015

Application for approval of the Australian Opera and Ballet Orchestra Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Opera and Ballet Orchestra Enterprise Agreement 2015-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Opera Australia. The agreement is a single-enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2015. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Opera Australia is a non-profit performing arts organisation that employs musicians, dancers, and other personnel for its productions. The Australian Opera and Ballet Orchestra Musicians' Union filed an application for the approval of an enterprise agreement between Opera Australia and its employees, specifically the musicians. The application was made to the Fair Work Commission (FWC), which is Australia's workplace relations tribunal with jurisdiction to approve, reject, or modify enterprise agreements.

The legal issues before the FWC were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 (Cth), including whether it provided for the "better off overall test" (BOOT), whether it contained appropriate dispute resolution mechanisms, and whether it included appropriate protections for employees. The BOOT requires that an enterprise agreement must not worsen the financial or other conditions of employment for employees, compared to the applicable award or registered agreement.

The FWC considered the evidence and submissions from both parties and found that the enterprise agreement complied with the requirements of the Fair Work Act. It was determined that the agreement met the BOOT, provided for appropriate dispute resolution mechanisms, and included protections for employees. The FWC was satisfied that the agreement was fair and reasonable, and therefore approved it. The final orders of the FWC were that the Australian Opera and Ballet Orchestra Enterprise Agreement 2015-2016 be approved.

Opera Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established