DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Opera Australia
(AG2018/1644)

OPERA AUSTRALIA PERFORMERS AND MUSIC STAFF ENTERPRISE AGREEMENT 2017-2019

Live performance industry
COMMISSIONER JOHNS	SYDNEY, 14 AUGUST 2018

Application for approval of the Opera Australia Performers and Music Staff Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Opera Australia Performers and Music Staff Enterprise Agreement 2017-2019 (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] The Employer has 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Opera Australia sought court approval for the Performers and Music Staff Enterprise Agreement 2017-2019, which was subject to dispute between the company and its employees. The application was heard in the Fair Work Commission, which needed to determine if the agreement complied with the Fair Work Act 2009.

The court was tasked with considering whether the agreement met the criteria for "better off overall" as outlined in the Fair Work Act, ensuring that employees were not disadvantaged in terms of wages, conditions, or other benefits. Additionally, the court had to assess if the agreement was made in good faith and if it included provisions for employee representation and dispute resolution.

The Fair Work Commission found that the agreement was fair and reasonable, meeting the "better off overall" test. The commission also determined that the agreement was made in good faith and included adequate provisions for employee representation and dispute resolution. Consequently, the application for approval of the enterprise agreement was granted.

The court ordered that the Opera Australia Performers and Music Staff Enterprise Agreement 2017-2019 be approved, effective from the date of the decision. This ruling ensured that the agreement could be implemented and enforced as intended.

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