Opera Australia

[2018] FWCA 2422

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Opera Australia

(AG2017/5604)

Opera Australia Technical Staff Enterprise Agreement 2017-2019

Live performance industry
Commissioner McKinnon	MELBOURNE, 1 MAY 2018

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

An application has been made for approval of an enterprise agreement known as the Opera Australia Technical 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.

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.

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.

The Media, Entertainment and Arts Alliance (MEAA) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 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, the applicant, sought approval of the Opera Australia Technical Staff Enterprise Agreement 2017-2019, which was to govern the terms and conditions of employment for its technical staff. The application was heard in the Fair Work Commission (FWC), with the Commission needing to decide if the agreement met the requirements under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed agreement was a "better off overall test" (BOOT) agreement, which means that the employees covered by the agreement would be no worse off and at least some would be better off financially and in terms of conditions of employment compared to the applicable award or existing enterprise agreement. The FWC needed to evaluate whether the agreement provided fair and reasonable terms and conditions, ensuring that it met the statutory criteria set out in the Fair Work Act.

The FWC examined the terms of the proposed agreement in detail, considering factors such as the pay rates, entitlements, and working conditions offered. The FWC found that the agreement provided a fair and reasonable outcome for the employees, as it included provisions that were no less favourable than the relevant award and provided some employees with benefits that were better than the award. The FWC was satisfied that the agreement met the BOOT criteria and approved the agreement.

The FWC ordered the approval of the Opera Australia Technical Staff Enterprise Agreement 2017-2019, which is now a legally binding enterprise agreement. This decision ensures that the terms and conditions of employment for the technical staff are governed by this agreement, providing certainty and clarity for both Opera Australia and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established