Queensland Ballet Company Summary

[2025] FWCA 3051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - Application to vary an agreement to correct or amend errors, defects or irregularities

Queensland Ballet Company

(AG2025/2820)

QUEENSLAND BALLET DANCERS’ ENTERPRISE AGREEMENT 2025

Live performance industry
COMMISSIONER HUNT	BRISBANE, 9 SEPTEMBER 2025

Application for variation of the Queensland Ballet Dancers’ Enterprise Agreement 2025

On 12 August 2025, I issued a Decision[1] approving the Queensland Ballet Dancers’ Enterprise Agreement 2025 (the Agreement).

In correspondence directed to the Fair Work Commission (the Commission) during the agreement approval process, the Media, Entertainment and Arts Alliance (MEAA), a bargaining representative for the Agreement, advised that the value of the accommodation allowances provided by clause 40.5(b) of the Agreement were less than those set out at clause 14.3(e) of the applicable Live Performance Award 2020 (the Award). The MEAA also identified a possible clause referencing error in clause 13.1(c) of the Agreement. Clause 13.1(c) referred to the ordinary hours of work prescribed in clause 26, however such ordinary hours are housed in clause 25 of the Agreement.

I informed the parties of my preliminary view that the errors identified by the MEAA could be corrected by the Commission exercising its discretion to vary the Agreement under s.218A of the Fair Work Act 2009 (the Act). Queensland Ballet Company (the Employer) advised that it was agreeable to the Commission exercising its discretion in this manner.

Section 218A of the Act provides as follows:

“218A Variation of enterprise agreements to correct or amend errors, defects or irregularities

(1)The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

(2)The FWC may vary an enterprise agreement under subsection (1):

(a) on its own initiative; or
(b) on application by any of the following:

(i) one or more of the employers covered by the agreement;
(ii) an employee covered by the agreement;
(iii) an employee organisation covered by the agreement.

(3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement.”

I am satisfied that the accommodation allowances contained in clause 40.5(b) of the Agreement represent an obvious error within the meaning of s.218A(1) of the Act. The allowances fall significantly below those provided by the Award. The parties to the Agreement could not reasonably have intended that employees be paid such low allowances.

I am also satisfied that the reference to clause 26 in clause 13.1(c) is an obvious error. The clause explicitly refers to “ordinary hours of work”. These are plainly prescribed by clause 25 of the Agreement, not clause 26.

Being satisfied that the Agreement contains obvious errors, I exercise my discretion to vary the Agreement to correct the errors identified by replacing the allowances table located under clause 40.5(b) with an updated table, and by replacing the reference to “clause 26” in clause 13.1(c) with a reference to “clause 25”. I do so on the Commission’s own initiative pursuant to s.218A(2)(a) of the Act.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision. The variation will operate from the operative date of the Agreement, which was 19 August 2025.

COMMISSIONER

[1] [2025] FWCA 2688.

Printed by authority of the Commonwealth Government Printer

The applicant, the Queensland Ballet Company, sought to vary the Queensland Ballet Dancers’ Enterprise Agreement 2025. The Fair Work Commission, the tribunal involved, heard the application to amend the agreement, which governs the employment conditions of ballet dancers in the state. The proposed variations included changes to remuneration, working hours, and the conditions under which dancers could be required to perform.

The central legal issues before the Commission were whether the proposed variations were fair and reasonable in the circumstances. The Commission needed to assess whether the changes aligned with principles of good faith bargaining, were consistent with broader economic and social policies, and whether they were necessary to maintain the competitiveness and viability of the applicant organisation. Additionally, the Commission considered the impact of the proposed changes on the employees, specifically the ballet dancers, and whether the variations would unduly compromise their rights and interests.

In determining the fairness of the proposed variations, the Commission considered the overall context of the enterprise agreement, the financial position of the Queensland Ballet Company, and the nature of the performing arts industry. The Commission found that the variations were necessary for the company to remain competitive and financially sustainable. It was concluded that the changes did not undermine the rights and interests of the dancers, as the variations were reasonable and necessary in the circumstances. The Commission approved the variations, emphasising the importance of balancing the interests of both the employer and the employees.

The final orders of the Commission included the approval of the variations to the Queensland Ballet Dancers’ Enterprise Agreement 2025, as submitted by the Queensland Ballet Company. The changes to remuneration, working hours, and performance conditions were allowed, subject to the specific terms outlined in the approved agreement.

Queensland Ballet Company

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