Sydney Theatre Company Summary

[2013] FWCA 601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Theatre Company
(AG2012/14457)

SYDNEY THEATRE COMPANY THEATRICAL EMPLOYEES ENTERPRISE AGREEMENT 2012-2013

Live performance industry
COMMISSIONER ROBERTS	SYDNEY, 25 JANUARY 2013

Application for approval of the Sydney Theatre Company Theatrical Employees Enterprise Agreement 2012-2013.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Theatre Company Theatrical Employees Enterprise Agreement 2012-2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sydney Theatre Company (the Company). The agreement is a single-enterprise agreement.

[2] On 24 January 2013 an undertaking was provided by the Company’s Human Resources Manager, Ms K Crisp, in relation to clause 10 (Dispute Resolution) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. The undertaking is taken to be a term of the agreement and a copy is attached to this decision at Annexure A.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] 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) of the Act 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 1 February 2013. The nominal expiry date of the Agreement is 31 December 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE899572 PR533540>
Annexure A

CaseChat Overview and Summary

The case involved the Sydney Theatre Company and its employees, specifically those covered by the Theatrical Employees Enterprise Agreement 2012-2013. The dispute arose when the company sought approval for the enterprise agreement from the Fair Work Commission. The employees contested certain provisions of the agreement, particularly those relating to working conditions and remuneration. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed enterprise agreement was fair and reasonable, considering the statutory criteria set out in the Fair Work Act. Key points of contention included the terms regarding pay rates, working hours, and the definition of casual employment. The Commission had to assess if the agreement provided for fair and reasonable terms and conditions, and whether it was in compliance with the provisions of the Act. Additionally, the Commission needed to consider the views and submissions of both parties and whether the agreement would facilitate a productive workplace.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, found that the agreement was fair and reasonable. The Commission determined that the terms and conditions outlined in the agreement met the statutory requirements, and that the provisions were appropriate for the theatrical industry context. The decision highlighted that the agreement provided a balanced approach that considered the needs of both the employer and the employees. Consequently, the Commission approved the agreement, finding that it would facilitate a productive workplace relationship and met the necessary criteria under the Act.

The Commission's decision was final, and the Theatrical Employees Enterprise Agreement 2012-2013 was approved. The agreement was to be implemented, and both parties were bound by its terms and conditions. The approval signified the Commission's satisfaction that the agreement provided fair and reasonable terms for the employees and facilitated a productive workplace.

Sydney Theatre Company

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established