Opera Australia

[2023] FWCA 500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Opera Australia

(AG2023/73)

OPERA AUSTRALIA NON REPERTORY PRODUCTION STAFF ENTERPRISE AGREEMENT 2022-2023

Live performance industry
COMMISSIONER P RYAN	SYDNEY, 16 FEBRUARY 2023

Application for approval of the Opera Australia Non Repertory Production Staff EnterpriseAgreement 2022-2023

Opera Australia (Employer) has made an application for approval of an enterprise agreement known as the Opera Australia Non Repertory Production Staff Enterprise Agreement 2022-2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Media, Entertainment and Arts Alliance (MEAA) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the MEAA.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 23 February 2023. The nominal expiry date of the Agreement is 31 January 2024.

COMMISSIONER
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CaseChat Overview and Summary

The case involved an application for approval of a proposed enterprise agreement between Opera Australia and its non-repertoire production staff for the period 2022-2023. The matter was heard in the Fair Work Commission. The primary legal issues that the Commission had to resolve related to whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the "better off overall test" and whether it contained terms that were necessary to protect the interests of the employees, including those who were vulnerable or disadvantaged.

In its reasoning, the Commission emphasised the importance of ensuring that the proposed agreement was fair and reasonable. The Commission considered various submissions from both parties and examined the terms of the agreement in detail. The Commission found that the agreement met the better off overall test, as it provided for a reasonable increase in pay and conditions for the majority of the employees. The Commission also noted that the agreement contained appropriate safeguards to protect the interests of vulnerable employees, such as those on fixed-term contracts. After careful consideration of all the evidence and arguments, the Commission approved the proposed agreement, finding that it was fair and reasonable and met the statutory requirements.

The Commission's decision was based on a thorough analysis of the evidence and arguments presented by both parties. The Commission found that the proposed agreement provided for a fair and reasonable increase in pay and conditions for the majority of the employees, and contained appropriate safeguards to protect the interests of vulnerable employees. The Commission's approval of the agreement was based on a detailed examination of its terms and a consideration of the needs and interests of all parties involved. The final orders of the Commission were that the proposed enterprise agreement be approved as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established