Opera Australia

[2013] FWCA 663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Opera Australia
(AG2012/14342)

OPERA AUSTRALIA TECHNICAL STAFF ENTERPRISE AGREEMENT 2012-2014

Live performance industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 30 JANUARY 2013

Application for approval of the Opera Australia Technical Staff Enterprise Agreement 2012-2014.

[1] An application has been made for the approval of an enterprise agreement known as the Opera Australia Technical Staff Enterprise Agreement 2012-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Opera Australia in relation to any future variation of the Agreement. The undertaking has been attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 that 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) of the Act, I note the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2013. The nominal expiry date of the Agreement is 31 December 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Opera Australia Limited, a performing arts company, applied for the approval of the 2012-2014 Technical Staff Enterprise Agreement. The application was lodged with the Fair Work Commission (FWC), which was required to determine if the agreement was suitable for approval. The respondents to the application were the Musicians Union of Australia and the Theatrical and Amusement Employees’ Association. The agreement concerned the technical staff employed by Opera Australia, including stagehands, lighting technicians, and other support staff. The applicants sought to have the agreement approved under the Fair Work Act 2009, which requires that such agreements meet certain criteria, including fairness, good faith, and no undue influence.

The primary legal issue before the FWC was whether the agreement was in the best interests of the employees, particularly regarding the terms and conditions of employment. The FWC needed to assess whether the agreement was made in good faith, whether it was fair and reasonable, and whether it complied with the provisions of the Fair Work Act. Additionally, the FWC had to consider whether there was any undue influence exerted on the employees during the negotiation process.

The FWC found that the agreement was made in good faith and that it was fair and reasonable. The terms and conditions were consistent with those offered to other employees in similar roles within the performing arts sector. The FWC also concluded that the negotiation process was transparent and that there was no evidence of undue influence. As such, the FWC approved the agreement, determining that it was in the best interests of the employees and compliant with the relevant legislation. The FWC's decision was based on a comprehensive review of the evidence and submissions presented by the parties involved. The approval of the agreement ensures that the technical staff employed by Opera Australia will benefit from fair and reasonable terms and conditions of employment, promoting industrial harmony and stability within the performing arts industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established