DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Opera Australia
(AG2017/5605)

OPERA AUSTRALIA NON REPERTORY PRODUCTION STAFF AGREEMENT 2017-2019

Live performance industry
COMMISSIONER MCKINNON	MELBOURNE, 13 APRIL 2018

Application for approval of the Opera Australia Non Repertory Production Staff Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Opera Australia Non Repertory Production Staff 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 April 2018 and, in accordance with s.54, will operate from 20 April 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 applied to the Fair Work Commission to approve the Opera Australia Non Repertory Production Staff Enterprise Agreement 2016-2019. The application was made under section 231 of the Fair Work Act 2009. The parties to the enterprise agreement were Opera Australia, represented by its employees, and the non-repertory production staff of Opera Australia. The dispute centred on whether the proposed enterprise agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations 2009. Specifically, the application raised questions about whether the agreement met the requirements for good faith bargaining and whether it contained provisions that were contrary to public policy.

The legal issues the court had to decide included whether the agreement had been made in good faith, whether it contained provisions that were contrary to public policy, and whether the agreement met the procedural requirements of the Fair Work Act. The court examined the evidence presented by both parties and considered whether the agreement complied with the relevant legislative provisions. The court also considered the principles of good faith bargaining and the role of the Fair Work Commission in approving enterprise agreements.

In its decision, the court found that the agreement had been made in good faith and did not contain any provisions that were contrary to public policy. The court also found that the agreement met the procedural requirements of the Fair Work Act. The court approved the agreement, subject to certain conditions, including the requirement that Opera Australia provide certain information to its employees and that the agreement be registered with the Fair Work Commission. The court noted that the agreement provided for a number of benefits for the non-repertory production staff, including improved pay and conditions, and that these benefits were commensurate with the contributions made by the staff to the success of Opera Australia.

The court's final orders included the approval of the enterprise agreement, subject to the conditions outlined above. The court also ordered that the agreement be registered with the Fair Work Commission and that certain information be provided to the employees of Opera Australia. The decision provides guidance to employers and employees on the requirements for approving enterprise agreements and the role of the Fair Work Commission in this process.

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