DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Performing Arts Trust T/A Queensland Performing Arts Centre
(AG2018/5690)

QUEENSLAND PERFORMING ARTS CENTRE ENTERPRISE AGREEMENT 2018

Live performance industry
COMMISSIONER JOHNS	SYDNEY, 6 MARCH 2019

Application for approval of the Queensland Performing Arts Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Performing Arts Centre Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Performing Arts Trust T/A Queensland Performing Arts Centre. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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.

[4] The Media, Entertainment and Arts Alliance (MEAA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Queensland Performing Arts Centre Enterprise Agreement 2018. The applicant, Queensland Performing Arts Trust trading as Queensland Performing Arts Centre, sought the Fair Work Commission's approval of the agreement, which it had entered into with its employees. The dispute arose as the applicant sought to ensure that the agreement was compliant with relevant industrial relations legislation and covered terms and conditions of employment for its staff.

The legal issues before the court centred on whether the Enterprise Agreement met the requirements of the Fair Work Act 2009, including whether it was a genuinely agreed-upon enterprise agreement, whether it met the requirements for coverage and application, and if it contained terms that were contrary to public policy or unfair. The court also needed to consider whether the agreement was consistent with the objectives of the Fair Work Act, such as promoting harmonious, productive, and cooperative workplace relations.

The court examined the evidence presented by both parties and found that the Enterprise Agreement was genuinely agreed upon, met the coverage and application requirements, and did not contain terms that were contrary to public policy or unfair. The court determined that the agreement was consistent with the objectives of the Fair Work Act, including promoting cooperative and productive workplace relations. The court approved the Enterprise Agreement and directed that it be registered with the Fair Work Commission.

No further orders were made by the court beyond the approval of the Enterprise Agreement. The decision confirmed that the agreement was compliant with the relevant industrial relations legislation and would govern the terms and conditions of employment for the employees of the Queensland Performing Arts Centre.

Queensland Performing Arts Trust T/A Queensland Performing Arts Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established