Opera Australia Summary

[2023] FWCA 475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Opera Australia

(AG2023/72)

OPERA AUSTRALIA ORCHESTRA ENTERPRISE AGREEMENT – 2022-2023

Live performance industry
COMMISSIONER P RYAN	SYDNEY, 15 FEBRUARY 2023

Application for approval of the Opera Australia Orchestra Enterprise Agreement –2022-2023

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

Sections 186, 187 and 188

On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 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 22 February 2023. The nominal expiry date of the Agreement is 31 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Opera Australia, representing the employer, and the Media, Entertainment and Arts Alliance (MEAA), representing the employees. The dispute centred on the approval of the Opera Australia Orchestra Enterprise Agreement for the period 2022-2023. The matter was heard by the Fair Work Commission (FWC), an independent statutory body responsible for resolving workplace disputes in Australia.

The key legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions for the employees, and whether it complied with the 'better off overall test'. This test requires that employees be no worse off financially and, in some cases, better off overall under the proposed agreement compared to their current terms and conditions.

The FWC found that the proposed agreement met the requirements of the Fair Work Act. The Commission considered the various submissions from both parties, the economic context, and the need to balance the interests of the employer and employees. The FWC concluded that the agreement was fair and reasonable, and it approved the proposed agreement. The Commission determined that the agreement provided for a fair outcome for the employees, taking into account the employer's financial constraints and the overall economic environment.

The FWC approved the Opera Australia Orchestra Enterprise Agreement for the period 2022-2023. The decision ensures that the terms and conditions of employment for the employees are fair and reasonable, and it provides certainty for both parties as they move forward with the agreement.

Opera Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established