Government of New South Wales (Sydney Opera House Trust Staff Agency) Enterprise Agreement 2021-2022 [2022] NSWIRComm 1038

Industrial Relations Commission New South Wales Medium Neutral Citation: Government of New South Wales (Sydney Opera House Trust Staff Agency) Enterprise Agreement 2021-2022 [2022] NSWIRComm 1038 Hearing dates: Matter considered on the papers Date of orders: 20 May 2022 Decision date: 03 June 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Enterprise Agreement approved Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – awards and agreements - enterprise agreement approved – net detriment test – Principles for Approval of Enterprise Agreements Legislation Cited: Anti-Discrimination Act 1977 Industrial Relations Act 1996 ss 32, 33, 35, 39 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 Cases Cited: Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005 Category: Principal judgment Parties: Government of New South Wales (Sydney Opera House Trust Staff Agency) (applicant)

Media Entertainment and Arts Alliance (party) Representation: Representatives:

Lander & Rogers (applicant) File Number(s): 2022/141124 Publication restriction: Nil

decision 1. This is an application pursuant to s 32 of the Industrial Relations Act 1996 ("the Act") by the Government of New South Wales (Sydney Opera House Trust Staff Agency) ("the Applicant") seeking approval of an enterprise agreement between the Applicant on the one hand, and the Media Entertainment and Arts Alliance (MEAA), on the other (collectively, "the parties")("the Application"). 2. The enterprise agreement is to be known as the Sydney Opera House Enterprise Agreement 2021-2022 ("the Agreement"). 3. Part 2 of the Act provides for the making an approval of enterprise agreements. Of particular relevance, s 35 of the Act provides: 35 Approval of enterprise agreement by Commission (1) The Commission is to approve each enterprise agreement lodged for approval, but only if the Commission is satisfied that— (a) the agreement complies with all relevant statutory requirements (including the requirements of this Part and of the Anti-Discrimination Act 1977), and (b) in the case of an agreement that covers employees to whom State awards would otherwise apply—the agreement does not, on balance, provide a net detriment to the employees when compared with the aggregate package of conditions of employment under the State awards, and (b1) in the case of an agreement that covers employees to whom Federal awards would otherwise apply—the employees are not disadvantaged in comparison to their entitlements under the Federal awards, and (b2) in the case of an agreement that covers employees to whom no State or Federal award would otherwise apply—the agreement does not, on balance, provide a net detriment to the employees when compared with the aggregate package of conditions of employment under a State or Federal award that covers employees performing similar work to that performed by the employees covered by the agreement, and (c) the parties understand the effect of the agreement, and (d) the parties did not enter the agreement under duress. (2) This subsection applies to an enterprise agreement that applies to some but not all the employees of an employer, unless the employees to whom it applies comprise a distinct geographic, operational or organisational unit. The Commission is not to approve such an enterprise agreement if it is satisfied that— (a) the agreement fails to cover employees who would reasonably be expected to be covered, given the nature of the work performed under the agreement and the organisational and operational relationships between the employees covered by the agreement and the remainder of the employees, and (b) it is unfair not to cover the employees excluded from the agreement. (3) The Commission is to follow the principles for approval set under section 33 when deciding whether to approve an enterprise agreement, unless satisfied that any departure from those principles would not prejudice the interests of any of the parties to the agreement. (4) (Repealed)" 1. I have considered whether the Application for the Agreement has met the relevant statutory criteria below.