DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Opera Australia
(AG2015/5426)

OPERA AUSTRALIA TECHNICAL STAFF ENTERPRISE AGREEMENT 2015-2016

Live performance industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 17 SEPTEMBER 2015

Application for approval of the Opera Australia Technical Staff Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Opera Australia Technical Staff 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] 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, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2015. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Opera Australia sought approval of the Opera Australia Technical Staff Enterprise Agreement 2015-2016. The applicant argued that the agreement was appropriate for the workforce and that it provided for fair and reasonable terms and conditions. The respondent, who represented the technical staff, opposed the application, claiming that the agreement did not adequately address certain issues related to pay and conditions. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under section 233 of the Fair Work Act. This required the Commission to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was appropriate for the workforce. The Commission also had to consider whether the agreement provided for procedural fairness, as required by section 235 of the Act. The respondent argued that the agreement did not adequately address certain issues, including pay rates, shift patterns, and rostering practices.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that it was appropriate for the workforce. The Commission also found that the agreement provided for procedural fairness, as required by the Act. The Commission noted that the agreement provided for a process for resolving disputes, and that it included provisions for consultation and communication between the parties. The Commission concluded that the agreement was in the best interests of the workforce, and that it should be approved.

The Fair Work Commission approved the Opera Australia Technical Staff Enterprise Agreement 2015-2016, subject to certain modifications. The Commission made orders to ensure that the agreement provided for fair and reasonable terms and conditions, and that it was appropriate for the workforce. The Commission also made orders to ensure that the agreement provided for procedural fairness, as required by the Fair Work Act. The respondent was given the opportunity to make further submissions on the modifications, and the Commission will consider these submissions before making a final decision on the agreement.

Opera Australia

DECISION

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