The Australian Ballet

[2020] FWCA 1890

[2020] FWCA 1890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Ballet
(AG2020/680)

THE AUSTRALIAN BALLET DANCERS' ENTERPRISE AGREEMENT 2020-2023

Live performance industry
COMMISSIONER LEE	MELBOURNE, 9 APRIL 2020

Application for approval of the The Australian Ballet Dancers' Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the The Australian Ballet Dancers’ Enterprise Agreement 2020-2023 (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 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.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 31.2 – Sick and Carer’s Leave

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2020. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

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<AE507723  PR718184>