Variation on the Commission's own initiative - Live Performance Award 2020 - [2025] FWCFB 142

[2025] FWCFB 142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective
s.160—Variation of modern award to remove ambiguity or uncertainty or correct error

Variation on the Commission’s own initiative – Live Performance Award 2020

(AM2024/38)

Live performance industry
DEPUTY PRESIDENT MILLHOUSE DEPUTY PRESIDENT BELL COMMISSIONER FOX	MELBOURNE, 14 JULY 2025

Variation on the Commission’s own initiative – outcome of Modern Award Review 2023-24 – Live Performance Award 2020 – award varied.

Following the Modern Awards Review 2023-24,[1] the Fair Work Commission commenced a matter on its own initiative to vary the Live Performance Award 2020[2] (Award).[3]

On 5 June 2025, the Full Bench in this matter issued a decision[4] in which we

(a) confirmed the provisional view we expressed in our decision of 3 March 2025;[5]

(b) expressed our provisional view that the term ‘Deputy Ballet Master/Mistress’ should be replaced with the term ‘Deputy Rehearsal Director/Rehearsal Director’ throughout the Award, and that the indicative role of ‘Chaperone’ should be inserted at Level 5 of the classification structure in the Award; and

(c) provided interested parties with an opportunity to file responsive submissions on any technical matters in relation to the consolidated draft determination published with our 5 June 2025 decision.

No comments in relation to the consolidated draft determination were received. Accordingly, we confirm our view as reflected in the consolidated draft determination.

A determination varying the Award is issued with this decision.[6] Noting s 165 of the Fair Work Act 2009 (Cth), the determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period commencing on or after 21 July 2025. This concludes this matter.

DEPUTY PRESIDENT

[1] Modern Awards Review 2023–24 (Final Report, 18 July 2024)

[2] MA000081

[3] [2024] FWCFB 387

[4] [2025] FWCFB 112

[5] [2025] FWCFB 48

[6] PR789203

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to make changes to the Live Performance Award 2020, which is a set of rules that govern employment conditions in the live performance industry. This request came from the Commission itself after a review of modern awards in 2023-24. The case was heard by Deputy President Millhouse, Deputy President Bell, and Commissioner Fox in Melbourne on 14 July 2025. The Commission decided to make specific changes to the Award, such as replacing the term 'Deputy Ballet Master/Mistress' with 'Deputy Rehearsal Director/Rehearsal Director' and adding a new role called 'Chaperone' at Level 5 in the classification structure. The Commission also gave interested parties a chance to provide feedback on the proposed changes, but no comments were received.

The legal issues the court had to decide were whether the proposed changes to the Award were necessary to achieve the objectives of the modern awards system and whether the changes were appropriate to remove ambiguity, correct errors, or otherwise improve the Award. The court considered the objectives of the modern awards system, which are to provide fair and reasonable terms and conditions of employment and to promote productivity, economic efficiency, and social justice. The court also considered the need for clarity and consistency in the Award and the potential impact of the changes on employees and employers in the live performance industry.

After considering the evidence and submissions, the Full Bench confirmed its earlier provisional view that the proposed changes to the Award were necessary and appropriate. The court found that the changes would help to clarify the roles and responsibilities of employees in the live performance industry and would promote fairness and consistency in the Award. The court also noted that the changes would not have a significant impact on the industry or on the rights and obligations of employees and employers. Accordingly, the court issued a determination varying the Award in accordance with the proposed changes. The changes will take effect in relation to a particular employee from the start of the employee's first full pay period commencing on or after 21 July 2025.

Variation on the Commission's own initiative - Live Performance Award 2020

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established