DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Theatre Company Ltd T/A Sydney Theatre Company
(AG2020/708)

THE SYDNEY THEATRE COMPANY ENTERPRISE AGREEMENT 2020 - 2022

Live performance industry
DEPUTY PRESIDENT CROSS	SYDNEY, 21 APRIL 2020

Application for approval of The Sydney Theatre Company Enterprise Agreement 2020 - 2022.

[1] An application has been made for the approval of an enterprise agreement known as The Sydney Theatre Company Enterprise Agreement 2020 -2022 (‘the Agreement’). The application was made by Sydney Theatre Company (‘the Applicant’) pursuant to s.185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss.186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] 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.

[4] The Media, Entertainment and Arts Alliance (“the MEAA”), have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the MEAA.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 1 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between The Sydney Theatre Company and its employees, specifically the members of the Actors’ Equity. The application was made by The Sydney Theatre Company Limited T/A Sydney Theatre Company to the Fair Work Commission, which was required to determine whether the agreement should be approved and registered. The dispute centred around various terms and conditions of employment, including classification of employees, pay rates, and other workplace practices.

The legal issues before the court included whether the agreement provided for the terms and conditions of employment in a manner that was consistent with the provisions of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement complied with the "better-off-overall test," which requires that the employees be no worse off financially and at least some better off overall under the agreement than they would be under the applicable award or safety net award. The court also had to consider whether the agreement was fairly negotiated and whether it contained appropriate dispute resolution mechanisms.

In delivering its decision, the Fair Work Commission noted that the agreement had been negotiated in good faith and contained adequate dispute resolution procedures. The commission found that the agreement provided for employees to be better off overall, as it included a range of benefits and protections that went beyond what was provided under the applicable award. The commission was satisfied that the agreement complied with all relevant statutory requirements and approved the enterprise agreement for registration. As a result, the agreement will now form the basis of employment conditions between The Sydney Theatre Company and its employees for the period from 2020 to 2022.

Sydney Theatre Company Ltd T/A Sydney Theatre Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established