DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Opera Australia
(AG2015/5403)

OPERA AUSTRALIA PERFORMERS AND MUSIC STAFF ENTERPRISE AGREEMENT 2015-2016

Live performance industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 17 SEPTEMBER 2015

[1] An application has been made for approval of an enterprise agreement known as the opera Australia Performers and Music 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

CaseChat Overview and Summary

The matter under consideration involved Opera Australia, which sought approval for the opera Australia Performers and Music Staff Enterprise Agreement 2015-2016. The application was brought under section 185 of the Fair Work Act 2009. The nature of the dispute pertained to the terms and conditions outlined in the proposed enterprise agreement, which was intended to cover performers and music staff within the organisation. The application was heard in the Fair Work Commission, which has the jurisdiction to assess and approve such agreements under the Fair Work Act.

The primary legal issues before the Commission were whether the terms of the Agreement met the requirements set out in the Fair Work Act and whether the agreement provided for the appropriate balance of rights and obligations between the employer and the employees. This involved examining the procedural fairness of how the agreement was negotiated, the substantive terms of the agreement, and whether the agreement was likely to promote harmonious, productive, and cooperative workplace relationships. Additionally, the Commission had to consider whether the agreement complied with any relevant minimum standards prescribed by the Act.

The Fair Work Commission examined the evidence provided by both parties and assessed the agreement against the statutory criteria. The Commission found that the negotiation process was conducted fairly and that the terms of the agreement were reasonable. It was determined that the agreement met the requirements of the Fair Work Act, as it provided for appropriate protections for employees and did not undermine the ability of employees to exercise their rights. The Commission concluded that the agreement would likely promote cooperative workplace relationships and was in the best interests of the employees. Accordingly, the Commission approved the agreement, and Opera Australia was permitted to implement the terms as outlined in the opera Australia Performers and Music Staff Enterprise Agreement 2015-2016.

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