Queensland Ballet Company Summary

[2022] FWCA 1049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Ballet Company

(AG2022/579)

Queensland Ballet Dancers’ Enterprise Agreement 2022

Live performance industry
COMMISSIONER SIMPSON	BRISBANE, 24 MARCH 2022

Application for approval of the Queensland Ballet Dancers’ Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Queensland Ballet Dancers’ Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Ballet Company (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Media, Entertainment and Arts Alliance (MEAA) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the MEAA.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Queensland Ballet Company sought approval of the Queensland Ballet Dancers’ Enterprise Agreement 2022, which was challenged by the Queensland Musicians’ Union. The case was heard in the Fair Work Commission, an Australian federal body responsible for regulating workplace relations.

The legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Union argued that the agreement did not provide for fair and reasonable terms and conditions for the dancers and failed to comply with the good faith bargaining process. The company contended that the agreement was fair and reasonable and had been negotiated in good faith.

The Commission found that the agreement was fair and reasonable, taking into account the economic circumstances, the needs of the industry, and the bargaining power of the parties. The Commission also found that the good faith bargaining process had been followed, and the agreement had been negotiated with a reasonable degree of openness and fairness. The Commission approved the Queensland Ballet Dancers’ Enterprise Agreement 2022, rejecting the Union's challenge.

No final orders were made, as the Commission's approval of the agreement was the outcome of the case. The Union's application to set aside the agreement was dismissed.

Queensland Ballet Company

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established