Opera Australia T/A Opera Aust

Case

[2024] FWCA 421

31 JANUARY 2024


[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

  1. 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

  1. 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

  1. 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

  1. 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.

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

  1. 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

<AE523367  PR770780>

Annexure A

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