West Australian Ballet Company T/A West Australian Ballet

[2025] FWCA 352

[2025] FWCA 352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

West Australian Ballet Company T/A West Australian Ballet

(AG2024/5198)

WEST AUSTRALIAN BALLET DANCERS’ ENTERPRISE AGREEMENT 2024 - 2025

Live performance industry
COMMISSIONER SCHNEIDER	PERTH, 29 JANUARY 2025

Application for approval of the West Australian Ballet Dancers’ Enterprise Agreement 2024 - 2025

1. West Australian Ballet Company T/A West Australian Ballet (the Applicant) has made an application for the approval of an enterprise agreement known as the West Australian Ballet Dancers’ Enterprise Agreement 2024 - 2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. Clause 5 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

1. Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Live Performance Award 2020 (the Award) is taken to be a term of the Agreement. However, the Award term will apply only in circumstances where the term of the Agreement is less favourable.

1. The Media, Entertainment and Arts Alliance (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 February 2025. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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