DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Ballet
(AG2018/4687)

THE AUSTRALIAN BALLET TECHNICAL STAFF ENTERPRISE AGREEMENT 2017-2020

Live performance industry
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2018

Application for approval of The Australian Ballet Technical Staff Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Ballet Technical Staff Enterprise Agreement 2017-2020 (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] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2018. The nominal expiry date of the Agreement is 1 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Fair Work Commission (FWC) was asked to approve an enterprise agreement between The Australian Ballet and its technical staff. The applicants, The Australian Ballet, sought to have the Technical Staff Enterprise Agreement 2017-2020 (the Agreement) made binding on their technical staff members. The respondents, represented by the Media, Entertainment and Arts Alliance (MEAA), raised several objections to the approval of the Agreement. The dispute was heard by the FWC, presided over by Deputy President K Santin.

The central legal issues before the FWC were whether the Agreement met the requirements of section 231 of the Fair Work Act 2009 (Cth) for approval and whether it was in the best interests of the employees. The respondents argued that the Agreement did not comply with several provisions of the Act and was not in the best interests of the employees. The applicants, on the other hand, maintained that the Agreement was fairly negotiated and met all legal requirements for approval. The FWC had to consider the bargaining process, the content of the Agreement, and its potential impact on the employees.

The FWC examined the bargaining process and found that the applicants had engaged in genuine bargaining with the respondents, and the Agreement was the result of this process. The FWC also considered the content of the Agreement and determined that it complied with the relevant provisions of the Act. The FWC found that the Agreement contained appropriate provisions for the employees' wages, conditions, and dispute resolution mechanisms. The FWC concluded that the Agreement was in the best interests of the employees, as it provided them with fair and reasonable terms and conditions of employment. After considering all the evidence and arguments, the FWC approved the Agreement.

The FWC issued an order approving the Technical Staff Enterprise Agreement 2017-2020, effective from the date of the decision. The Agreement is now a registered agreement, and its terms and conditions will apply to the technical staff members of The Australian Ballet for the duration of the agreement. The FWC's decision confirms the validity of the Agreement and ensures that the employees will be governed by its terms during the specified period.

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