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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Ballet sought approval of its Enterprise Agreement 2020-2023 from the Fair Work Commission. The application was opposed by the Professional Performing Arts School Limited (PPAS), which argued that the agreement unfairly disadvantaged members of its registered training organisation. The Commission was tasked with determining whether the agreement was in the public interest, and if it complied with relevant legislation and good faith bargaining principles.

The central issue before the Commission was whether the agreement unfairly discriminated against members of PPAS by excluding them from certain benefits, such as access to performance opportunities and training programs. The Commission considered whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. It also examined whether the agreement was the product of good faith bargaining between the parties, and whether it met the public interest test.

After reviewing the evidence and submissions, the Commission found that the agreement did not unfairly discriminate against PPAS members and met the public interest test. The Commission concluded that the agreement was the product of good faith bargaining and complied with relevant legislation. The Commission noted that the agreement provided for a fair and reasonable outcome for all parties, and that the exclusion of PPAS members from certain benefits was a legitimate and reasonable exercise of The Australian Ballet's bargaining rights. The Commission approved the Enterprise Agreement 2020-2023.

The Fair Work Commission approved the The Australian Ballet Dancers' Enterprise Agreement 2020-2023, finding that it did not unfairly discriminate against members of PPAS and met the public interest test. The Commission found that the agreement was the product of good faith bargaining and complied with relevant legislation.

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