DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Australian Ballet
(AG2021/10)

THE AUSTRALIAN BALLET DANCERS’ ENTERPRISE AGREEMENT 2020-2023

Live performance industry
COMMISSIONER LEE	MELBOURNE, 14 JANUARY 2021

Application for variation of The Australian Ballet Dancers’ Enterprise Agreement 2020-2023.

[1] An application has been made for approval of a variation to The Australian Ballet Dancers’ Enterprise Agreement 2020-2023 (the Agreement). The application was made by The Australian Ballet pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 14 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Ballet sought to amend its enterprise agreement with its dancers, leading to an application before the Fair Work Commission. The dispute centred on proposed changes to the terms and conditions of employment, including adjustments to working hours, performance requirements, and remuneration structures. The Australian Ballet argued that the changes were necessary to adapt to evolving industry standards and financial constraints, while the dancers' union contended that the proposed amendments would detrimentally affect their working conditions and job security.

The legal issues before the Commission were whether the proposed changes to the enterprise agreement were procedurally valid and whether they constituted a genuine attempt to address legitimate operational requirements. The Commission had to assess if the application process complied with the Fair Work Act 2009 and whether the proposed changes were fair and reasonable in the circumstances. Additionally, the Commission needed to consider the impact of the changes on the dancers' employment terms and whether they were justifiable under the relevant industrial relations framework.

In its decision, the Fair Work Commission found that the application process was procedurally sound, meeting the statutory requirements set out in the Fair Work Act. The Commission also determined that the proposed changes were a genuine attempt to address significant operational challenges faced by The Australian Ballet. The changes were deemed reasonable given the financial pressures and industry changes impacting the organisation. The Commission concluded that while the changes would affect the dancers' working conditions, they were necessary to ensure the sustainability and viability of The Australian Ballet. The Commission approved the variation of the enterprise agreement with the specified amendments.

The Fair Work Commission's final order was the approval of the variation to the enterprise agreement, incorporating the proposed changes to working hours, performance requirements, and remuneration structures. The decision allowed The Australian Ballet to implement the amended terms, subject to the specific conditions outlined in the revised agreement.

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