The Australian Ballet
[2024] FWCA 2063
•5 JUNE 2024
| [2024] FWCA 2063 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Australian Ballet
(AG2024/1605)
THE AUSTRALIAN BALLET TECHNICAL STAFF ENTERPRISE AGREEMENT 2023 - 2025
| Live performance industry | |
| COMMISSIONER WILSON | MELBOURNE, 5 JUNE 2024 |
Application for approval of The Australian Ballet Technical Staff Enterprise Agreement 2023 - 2025.
An application has been made for approval of an enterprise agreement known as The Australian Ballet Technical Staff Enterprise Agreement 2023 - 2025 (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 Applicant). The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the agreement.
I raised a concern with the parties on the annualised salaries in the Agreement. In response the Applicant provided a Better Off Overall Test comparison analysis spreadsheet and an undertaking. The Media, Entertainment And Arts Alliance (MEAA) provided in response an adjusted spreadsheet with the calculation of Sundays and Public Holidays on the basis of 12 hours per day. The MEAA advised that the calculations provided in the spreadsheet and the Applicant’s undertakings to complete a yearly salary reconciliation are sufficient protections to ensure that employees will be compensated for any overtime worked.
Subject to the undertakings referred to above, 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.
The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
The Media, Entertainment And Arts Alliance 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2024. The nominal expiry date of the Agreement is 1 February 2025.
COMMISSIONER
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Annexure A
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