Sydney Theatre Company Limited

Case

[2024] FWCA 3113

26 AUGUST 2024


[2024] FWCA 3113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sydney Theatre Company Limited

(AG2024/3032)

THE SYDNEY THEATRE COMPANY ENTERPRISE AGREEMENT 2023-2026

Live performance industry

DEPUTY PRESIDENT DEAN

CANBERRA, 26 AUGUST 2024

Application for approval of The Sydney Theatre Company Enterprise Agreement 2023-2026.

  1. An application has been made for approval of an enterprise agreement known as The Sydney Theatre Company Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Theatre Company Limited. The Agreement is a single enterprise agreement.

  1. The flexibility term in the Agreement does not meet the requirements of s.203(3) of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. Section 205A(1) of the Act provides that an enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. Clause 142 of the Agreement provides that for the purposes of the workplace delegates’ rights, the Agreement is read and interpreted in conjunction with the Parent Award. For completeness, the delegates’ rights term contained in the Live Performance Award 2020 is taken to be a term of the Agreement.

  1. I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2024. The nominal expiry date of the Agreement is 1 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525918  PR778664>

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