DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Queensland Ballet Company
(AG2021/4425)

QUEENSLAND BALLET DANCERS' ENTERPRISE AGREEMENT2020

Live performance industry
COMMISSIONER SIMPSON	BRISBANE, 12 MAY 2021

Application for approval of the Queensland Ballet Dancers' Enterprise Agreement2020.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Ballet Dancers' Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Queensland Ballet Company (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

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

[5] 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 case before the Fair Work Commission involved the Queensland Ballet Company and its dancers, with the Commission being asked to approve the Queensland Ballet Dancers' Enterprise Agreement 2020. The Commission was required to consider whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The primary issue was whether the agreement contained all the required terms, including those mandated by law, and whether it provided for the fair and efficient operation of the enterprise.

The legal issues before the Commission included whether the agreement provided for the payment of minimum rates of pay, annual leave, personal/carer’s leave, and public holidays, as well as other entitlements such as parental leave and long service leave. The Commission also needed to determine whether the agreement provided for adequate mechanisms to resolve workplace disputes and whether it ensured that the rights of employees to be free from discrimination and unfair treatment were protected. The Commission considered the submissions from both parties and the broader implications for the industry and employees.

After thorough consideration, the Commission determined that the agreement did meet the necessary standards for approval. The agreement contained all the required terms, including those mandated by law, and provided for the fair and efficient operation of the enterprise. The Commission found that the agreement provided for minimum rates of pay, annual leave, personal/carer’s leave, and public holidays, as well as other entitlements. The Commission was also satisfied that the agreement provided for adequate mechanisms to resolve workplace disputes and protected the rights of employees to be free from discrimination and unfair treatment. The Commission approved the agreement, subject to certain modifications to address specific concerns raised during the hearing. The modifications related to the provisions for parental leave and long service leave. The final orders included the approval of the agreement with the specified modifications.

Queensland Ballet Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established