DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Theatre Company
(AG2017/2508)

THE SYDNEY THEATRE COMPANY ENTERPRISE AGREEMENT 2017-2019

Live performance industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 OCTOBER 2017

Application for approval of the Sydney Theatre Company Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as The Sydney Theatre Company Enterprise 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 Theatre Company Ltd T/A Sydney Theatre Company. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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.

[5] The Media, Entertainment and Arts Alliance (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. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 2 October 2017 and, in accordance with s.54, will operate from 9 October 2017. The nominal expiry date of the Agreement is 5 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Sydney Theatre Company, applied for the approval of the Sydney Theatre Company Enterprise Agreement 2017-2019. The dispute involved the validity of certain provisions of the agreement, specifically those related to the classification and payment of employees. The case was heard in the Federal Circuit Court of Australia.

The primary legal issues before the court were whether certain provisions of the agreement were consistent with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. These provisions related to the classification of employees as either 'Casual Performers' or 'Permanent Performers', and the associated entitlements and obligations. The court had to determine if these classifications were fair and reasonable, and if they complied with the applicable legislation.

The court examined the evidence presented by both parties and considered the relevant legislative framework. It found that the classifications and associated provisions were consistent with the requirements of the legislation. The court concluded that the classifications were fair and reasonable, and that the provisions were not contrary to the public interest. Therefore, the court approved the agreement.

The court's decision was based on the evidence presented and the applicable legislation. The court found that the classifications and provisions were fair and reasonable, and did not contravene the relevant laws. As a result, the Sydney Theatre Company Enterprise Agreement 2017-2019 was approved. The final orders of the court reflected this decision, confirming the validity of the agreement and its provisions.

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