DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Opera Australia
(AG2018/744)

OPERA AUSTRALIA ORCHESTRA ENTERPRISE AGREEMENT 2017 - 2019

Live performance industry
COMMISSIONER LEE	MELBOURNE, 22 JUNE 2018

Application for approval of the Opera Australia Orchestra Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Opera Australia Orchestra 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 Applicant 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 29 June 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

The matter before the court was an application by Opera Australia for the approval of the 2017-2019 Enterprise Agreement between the company and its employees, specifically those within the Opera Australia Orchestra. The Fair Work Commission was the forum for this application, where the primary dispute centred on the fairness and appropriateness of the proposed agreement under the Fair Work Act 2009.

The legal issues that the Commission was required to address included whether the agreement was genuinely negotiated, if it contained appropriate terms and conditions that were fair and reasonable, and whether it complied with the statutory requirements for approval. The Commission also had to consider the implications of the agreement on the employees' working conditions and whether it met the standard of being a "better off overall test" for the employees.

In its decision, the Fair Work Commission determined that the proposed agreement was genuinely negotiated and met the necessary criteria for approval. The Commission found that the agreement contained appropriate terms and conditions that were fair and reasonable, and it complied with the statutory requirements. The Commission concluded that the agreement would provide employees with a better overall position compared to their previous conditions, thus satisfying the "better off overall test." As a result, the Commission approved the 2017-2019 Enterprise Agreement between Opera Australia and the members of the Opera Australia Orchestra.

The Commission's approval of the agreement was formalised in a written decision, which outlined the findings and reasons for the approval. The decision also included specific details about the terms and conditions of the agreement, ensuring transparency and clarity for all parties involved. This outcome provided legal certainty for both Opera Australia and its employees, establishing a clear framework for their working relationship under the approved agreement.

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