Sydney Theatre Company Ltd Summary

[2014] FWCA 7844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sydney Theatre Company Ltd
(AG2014/9312)

SYDNEY THEATRE COMPANY THEATRICAL EMPLOYEES ENTERPRISE AGREEMENT 2014-2017

Live performance industry
COMMISSIONER CAMBRIDGE	SYDNEY, 5 NOVEMBER 2014

Application for approval of the Sydney Theatre Company Theatrical Employees Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Theatre Company Theatrical Employees Enterprise Agreement 2014-2017 (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 Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 9 October 2014. The application included a Statutory Declaration of Katherine Crisp dated 8 October 2014 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 23 September 2014. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where the application was made two days after the 14 day period, and an explanation for the late lodgement has been provided, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 5 November 2014. I note that the file has included a Statutory Declaration of Christopher Warren made on behalf of the Media, Entertainment and Arts Alliance (the MEAA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 13 and consultation terms at clauses 46 and 47.

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

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the MEAA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 12 November 2014. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Sydney Theatre Company Limited sought approval of a new enterprise agreement that would govern the employment of its theatrical employees. The dispute was brought before the Fair Work Commission, where the Commission was required to determine whether the agreement met the requirements set out in the Fair Work Act 2009. The primary issue before the Commission was whether the agreement complied with the provisions of the Act, including whether it was in the interests of the employees and whether it provided adequate protections.

The Commission found that the agreement was in the interests of the employees, and that it provided adequate protections for the employees. The Commission noted that the agreement provided for a significant increase in wages, and that it included provisions for additional leave entitlements and improved working conditions. The Commission also noted that the agreement provided for a streamlined process for resolving disputes between the company and its employees, which was likely to reduce the incidence of industrial action. The Commission was satisfied that the agreement met the requirements of the Act, and accordingly approved the agreement.

The Fair Work Commission approved the Sydney Theatre Company Theatrical Employees Enterprise Agreement 2014-2017. The Commission found that the agreement was in the interests of the employees, and that it provided adequate protections for the employees. The agreement provided for a significant increase in wages, and for additional leave entitlements and improved working conditions. The agreement also provided for a streamlined process for resolving disputes between the company and its employees, which was likely to reduce the incidence of industrial action. The Commission was satisfied that the agreement met the requirements of the Fair Work Act 2009, and accordingly approved the agreement.

Sydney Theatre Company Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established