DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Ballet
(AG2015/538)

THE AUSTRALIAN BALLET TECHNICAL STAFF ENTERPRISE AGREEMENT 2013 - 2016

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 23 MARCH 2015

Application for approval of The Australian Ballet Technical Staff Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the The Australian Ballet Technical Staff Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Ballet. The agreement is a single-enterprise agreement.

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

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 23 March 2015 and, in accordance with s.54 of the Act, will operate from 30 March 2015. The nominal expiry date of the Agreement is 1 February 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of The Australian Ballet Technical Staff Enterprise Agreement 2013 - 2016. The application was brought before the Fair Work Commission. The primary parties involved were The Australian Ballet and the relevant trade union representing the technical staff. The dispute centred on the terms and conditions of employment as outlined in the proposed enterprise agreement.

The central legal issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was fair and balanced, and if it provided for the terms and conditions of employment in a manner that was consistent with the principles of the Act. This included considerations of procedural fairness, good faith bargaining, and whether the agreement met the criteria for being a "better off overall test" for the employees.

In reaching its decision, the Fair Work Commission considered the submissions from both parties, as well as the broader context of the enterprise bargaining process. The Commission found that the agreement was fair and balanced, taking into account the interests of both The Australian Ballet and the technical staff. The court determined that the agreement met all the statutory requirements for approval and did not contain any provisions that would be unfair to either party. Consequently, the application for approval of the enterprise agreement was successful.

As a result of this decision, The Australian Ballet Technical Staff Enterprise Agreement 2013 - 2016 was approved, and its terms and conditions are now legally binding for the duration specified. The Fair Work Commission's ruling ensures that the agreement will govern the employment relationship between The Australian Ballet and its technical staff in accordance with the Fair Work Act 2009.

The Australian Ballet

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established