DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Ballet
(AG2017/2638)

THE AUSTRALIAN BALLET DANCERS’ ENTERPRISE AGREEMENT 2017-2020

Live performance industry
COMMISSIONER LEE	MELBOURNE, 26 JULY 2017

Application for approval of The Australian Ballet Dancers’ Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as The Australian Ballet Dancers’ 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 Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Ballet, represented by its management, sought approval of the Enterprise Agreement 2017-2020 for its dancers. This agreement was submitted to the Fair Work Commission for validation. The applicants argued that the proposed terms were fair and reasonable, while the respondents, who were the dancers, raised concerns regarding several aspects of the agreement, including the remuneration and working conditions outlined within it.

The legal issues that the court had to address involved whether the enterprise agreement met the criteria for being deemed fair and reasonable, as stipulated by the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was consistent with the provisions of the Act, if it provided for terms and conditions that were equitable, and if it complied with the procedural requirements for such agreements. Additionally, the court had to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

Upon examining the evidence and submissions from both parties, the Fair Work Commission found that the Enterprise Agreement 2017-2020 was fair and reasonable. The court concluded that the agreement satisfied the criteria set out in the Fair Work Act 2009, including the procedural fairness, the equitable nature of the terms, and the overall balance of interests between the employer and the employees. The court approved the agreement, acknowledging the efforts made by both parties to reach a consensus that was fair and beneficial to all involved.

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