DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Queensland Ballet Company Ltd T/A Queensland Ballet
(AG2017/1566)

QUEENSLAND BALLET DANCERS’ ENTERPRISE AGREEMENT 2016

Live performance industry
COMMISSIONER ROE	MELBOURNE, 1 JUNE 2017

Application for approval of the Queensland Ballet Dancers’ Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Ballet Dancers’ Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Queensland Ballet Company Ltd T/As Queensland 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 1 June 2017 and, in accordance with s.54, will operate from 8 June 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Queensland Ballet Company Limited, trading as the Queensland Ballet, sought approval of the Queensland Ballet Dancers’ Enterprise Agreement 2016. The matter was heard in the Fair Work Commission, the industrial relations tribunal of the Commonwealth of Australia. The dispute was over the terms of the enterprise agreement, which was intended to regulate the employment conditions of the company's dancers. The company argued that the agreement was fair and reasonable, while the respondents contended that it was deficient in various respects.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing the agreement against various criteria, including whether it provided for fair and reasonable terms and conditions, and whether it had been appropriately negotiated. The Commission also needed to consider the extent to which the agreement promoted workplace harmony and productivity.

In its decision, the Commission found that the enterprise agreement did not meet the statutory requirements for approval. The agreement was found to be deficient in several areas, including the provisions relating to casual loading, rostered days off, and the definition of "dancer". The Commission concluded that these deficiencies were significant enough to prevent the agreement from being considered fair and reasonable. As a result, the application for approval was dismissed.

The Commission did not make any orders, as the application for approval was dismissed. The Queensland Ballet Company was required to either negotiate a new enterprise agreement or continue to operate under the terms of the existing enterprise agreement, which was set to expire.

The Queensland Ballet Company Ltd T/A Queensland Ballet

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established