Sydney Dance Company

[2018] FWCA 5611

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Sydney Dance Company

(AG2018/1055)

Sydney Dance Company Dancers’ Collective Agreement 2017-2019

Live performance industry
Deputy President Masson	MELBOURNE, 6 SEPTEMBER 2018

Application for approval of the Sydney Dance Company Dancers’ Collective Agreement 2017-2019.

An application has been made for approval of an enterprise agreement known as the Sydney Dance Company Dancers’ Collective Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Dance Company. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Media, Entertainment and Arts Alliance 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2018. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Sydney Dance Company for approval of the Sydney Dance Company Dancers’ Collective Agreement 2017-2019. The dispute arose in the Fair Work Commission, where the company sought to have the agreement approved under section 232 of the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the statutory requirements for approval, including that it provided for the protection of the interests of the employees, and whether the agreement was consistent with the principles of the Fair Work Act.

The Commission found that the agreement was generally consistent with the principles of the Fair Work Act and provided for the protection of the interests of the employees. However, the Commission identified a number of issues with the agreement, including that it did not adequately protect the interests of employees in relation to their working hours and rest periods. The Commission also found that the agreement did not adequately address the issue of casual employees, and that it did not provide for the establishment of a dispute resolution process. The Commission ultimately approved the agreement with modifications, including amendments to address the issues identified.

The Commission held that the agreement was in the best interests of the employees, despite the identified issues, and that it provided for the protection of their interests. The Commission also found that the issues identified could be addressed through the modification of the agreement, and that the agreement was consistent with the principles of the Fair Work Act. The final orders of the Commission included the approval of the agreement with modifications, including amendments to address the issues identified. The Commission also ordered that the agreement be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established