The Australian Ballet Summary

[2014] FWCA 6123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Ballet
(AG2014/7318)

THE AUSTRALIAN BALLET DANCERS’ ENTERPRISE AGREEMENT 2014-2017

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 4 SEPTEMBER 2014

Application for approval of The Australian Ballet Dancers’ Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as The Australian Ballet Dancers’ 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 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 4 September 2014 and, in accordance with s.54 of the Act, will operate from 11 September 2014. The nominal expiry date of the Agreement is 31 January 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Ballet applied to the Fair Work Commission for the approval of an enterprise agreement, which had been negotiated between the company and its employees represented by the National Tertiary Education Industry Union. The agreement related to the terms and conditions of employment for dancers in the company. The dispute arose when the union argued that the proposed agreement did not adequately address the issue of casual employment and the protection of permanent employees. The matter was heard in the Fair Work Commission.

The legal issues before the Commission related to the fairness and reasonableness of the proposed agreement under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for appropriate protections for permanent employees and whether it complied with the relevant provisions of the Act. The Commission also had to consider whether the agreement was consistent with the principles of enterprise bargaining and good faith bargaining.

In its decision, the Commission found that the proposed agreement did not adequately address the issue of casual employment and the protection of permanent employees. The Commission noted that the agreement did not provide for appropriate protections for permanent employees in relation to the use of casual employees and the conversion of casual employment to permanent employment. The Commission also found that the agreement did not comply with the relevant provisions of the Act and was not consistent with the principles of enterprise bargaining and good faith bargaining. As a result, the Commission did not approve the proposed agreement.

The Commission ordered that the application for approval of the enterprise agreement be dismissed. The Commission also ordered that the agreement be referred back to the parties for further negotiation and that the parties must comply with the principles of enterprise bargaining and good faith bargaining in any future negotiations.

The Australian Ballet

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established