West Australian Ballet Company (Inc) Summary

[2014] FWCA 4251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Australian Ballet Company (Inc)
(AG2014/6482)

WEST AUSTRALIAN BALLET DANCERS’ ENTERPRISE AGREEMENT 2014

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 26 JUNE 2014

Application for approval of the West Australian Ballet Dancers’ Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the West Australian Ballet Dancers’ Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made West Australian Ballet Company (Inc). 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 26 June 2014 and, in accordance with s.54 of the Act, will operate from 3 July 2014. The nominal expiry date of the Agreement is 31 December 2016

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the West Australian Ballet Company (Inc) to the Fair Work Commission for the approval of the West Australian Ballet Dancers’ Enterprise Agreement 2014. The application was made under the Fair Work Act 2009, which provides a framework for the regulation of workplace relations in Australia. The legal issues before the Commission were whether the agreement met the requirements for "direct" approval under the Act and whether it contained unfair terms that should disqualify it from such approval.

The Commission considered whether the agreement was a "single enterprise agreement" that covered the employees of the ballet company and whether it was made in good faith and without coercion. It was also necessary to determine if the agreement contained terms that were considered unfair, as defined by the Act. The Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. The Commission also assessed if the agreement's terms were reasonable in the circumstances, including the financial capacity of the employer and the impact on employees.

The Commission found that the agreement met the criteria for direct approval under the Fair Work Act. It concluded that the agreement was a single enterprise agreement that was made in good faith and without coercion, and it did not contain any unfair terms. The Commission emphasised that the agreement provided for a fair and reasonable outcome for both the employees and the employer. The Commission approved the agreement, allowing it to become legally binding on the parties involved.

The Commission's decision was based on the comprehensive nature of the agreement, the evidence of genuine bargaining, and the absence of any unfair terms. The Commission noted the importance of the agreement in providing stability and certainty for the employees and the employer in the context of the performing arts industry. The final orders of the Commission were to approve the West Australian Ballet Dancers’ Enterprise Agreement 2014, effective from the date of the decision.

West Australian Ballet Company (Inc)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established