DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Opera Australia
(AG2015/7521)

OPERA AUSTRALIA NON REPERTORY PRODUCTION STAFF AGREEMENT 2015-2016.

Live performance industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 DECEMBER 2015

Application for approval of the Opera Australia Non Repertory Production Staff Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Opera Australia Non Repertory Production Staff Agreement 2015-2016. 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 Greenfields agreement.

[2] 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 them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Opera Australia, sought approval of a proposed non-repertory production staff agreement for the period 2015-2016. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the terms and conditions outlined in the proposed agreement were fair and reasonable, and whether they complied with the relevant statutory provisions.

The Commission carefully examined the terms of the proposed agreement, considering factors such as the need for flexibility in the workforce, the specific nature of the non-repertory production work, and the balance of interests between the employer and the employees. It was noted that the agreement provided for a range of protections for the employees, including provisions for minimum working hours, notice periods, and provisions for redundancy payments. The Commission also considered the impact of the proposed agreement on the financial viability of Opera Australia, taking into account the unique nature of the performing arts industry.

After careful consideration, the Commission found that the proposed agreement was fair and reasonable, and complied with the relevant statutory provisions. The Commission approved the agreement, subject to certain conditions designed to protect the interests of the employees. These conditions included provisions for ongoing consultation between the parties, and a requirement that the agreement be reviewed annually to ensure that it remained fair and reasonable.

The Commission's decision provides guidance to other employers and employees in the performing arts industry, and sets out a framework for the negotiation of non-repertory production staff agreements. The decision also highlights the importance of balancing the interests of employers and employees, and the need for flexibility and fairness in the workplace.

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