Opera Australia T/A Opera Aust

[2024] FWCA 421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Opera Australia T/A Opera Aust

(AG2023/5452)

OPERA AUSTRALIA PERFORMERS AND MUSIC STAFF ENTERPRISE AGREEMENT 2024

Live performance industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 31 JANUARY 2024

Application for approval of the Opera Australia Performers and Music Staff Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Opera Australia Performers and Music Staff Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Opera Australia Trading As Opera Aust (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 25 January 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Live Performance Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2024. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the 2024 Enterprise Agreement between Opera Australia and its performers and music staff. The application was made to the Fair Work Commission, Australia's independent statutory body that deals with workplace relations matters. The primary dispute centered around whether the proposed agreement met the legal standards and procedural requirements for enterprise agreements under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement contained all the mandatory terms as required by the Fair Work Act and whether it had been made in accordance with the procedural fairness requirements. The Commission needed to ensure that the agreement was genuinely bargained, free from any coercion or pressure, and that it provided for a safety net of minimum entitlements for the employees.

In assessing these issues, the Commission found that the agreement contained all the mandatory terms and that it had been made in good faith and without any coercion. The Commission also found that the process leading up to the agreement was procedurally fair, with adequate consultation and information provided to the employees. The Commission was satisfied that the agreement provided a fair and reasonable safety net for the employees and that it was in the best interests of the employees and the employer. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the 2024 Enterprise Agreement between Opera Australia and its performers and music staff, confirming that the agreement met all legal and procedural requirements under the Fair Work Act. The Commission's decision was based on the comprehensive consultation process, the inclusion of all mandatory terms, and the provision of a fair safety net for the employees. This approval ensures that the agreement will now govern the employment conditions of the performers and music staff of Opera Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established