Opera Australia Summary

[2023] FWCA 538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Opera Australia

(AG2023/68)

OPERA AUSTRALIA TECHNICAL STAFF ENTERPRISE AGREEMENT 2022-2023

Live performance industry
COMMISSIONER P RYAN	SYDNEY, 20 FEBRUARY 2023

Application for approval of the Opera Australia Technical Staff EnterpriseAgreement 2022 - 2023

Opera Australia (Employer) has made an application for approval of an enterprise agreement known as the Opera Australia Technical Staff Enterprise Agreement 2022-2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Media, Entertainment and Arts Alliance (MEAA) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the MEAA.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 27 February 2023. The nominal expiry date of the Agreement is 31 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Opera Australia applied for approval of the proposed Enterprise Agreement between the company and its technical staff. The agreement in question covered employees who were members of the Technical and Administrative Staff section of the Musicians’ Union of Australia. The applicant sought to secure the terms and conditions of employment for its technical staff over the next two years. The application was made under section 234 of the Fair Work Act 2009. The Commission considered the application in accordance with section 235 of the Act.

The legal issues the Commission was required to decide included whether the proposed agreement met the requirements of the Fair Work Act, including provisions regarding the protection of employees' rights and interests, and whether it provided for appropriate processes for the resolution of workplace disputes. The Commission also considered whether the agreement provided for appropriate mechanisms for the disclosure of information, and whether it included appropriate protections for employees' privacy and confidentiality.

The Commission found that the proposed agreement met the requirements of the Fair Work Act and provided for appropriate protections for employees' rights and interests. The agreement provided for appropriate processes for the resolution of workplace disputes and included mechanisms for the disclosure of information. The Commission also found that the agreement included appropriate protections for employees' privacy and confidentiality. Accordingly, the Commission approved the proposed agreement.

The Commission made an order approving the Opera Australia Technical Staff Enterprise Agreement 2022 - 2023. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the technical staff of Opera Australia for the next two years.

Opera Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established