Queensland Performing Arts Trust T/A Queensland Performing Arts Centre
[2025] FWCA 378
•30 JANUARY 2025
| [2025] FWCA 378 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Queensland Performing Arts Trust T/A Queensland Performing Arts Centre
(AG2024/3732)
QUEENSLAND PERFORMING ARTS CENTRE ENTERPRISE AGREEMENT 2024
| Live performance industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 30 JANUARY 2025 |
Application for approval of the Queensland Performing Arts Centre Enterprise Agreement 2024
Queensland Performing Arts Trust T/A Queensland Performing Arts Centre (the Applicant) has applied for approval of an enterprise agreement known as the Queensland Performing Arts Centre Enterprise Agreement 2024 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss 186 and 187 are met.
Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES). Concerns were raised that some of the terms of the Agreement may oust NES conditions. In response the Applicant provided undertakings to make clear the NES applied.
Sections 186(2)(d) requires the Commission to be satisfied the Agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s.193A. Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided clarification.
A copy of the undertakings is attached (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the Agreement were sought in relation to the undertakings. There was no objection. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.
The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 21A, Workplace delegates’ rights, in the Live Performance Award 2020 is to be taken to be a term of the Agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss 186 and 187 are met.
The Media, Entertainment and Arts Alliance (MEAA) has given written notice that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the MEAA.
The Agreement was approved on 30 January 2025 and will operate from 6 February 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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