Application for approval of the Australian Ballet Technical Staff Enterprise Agreement 2025-2028

[1] An application has been made for approval of an enterprise agreement known as the the Australian Ballet Technical Staff Enterprise Agreement 2025-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Ballet. The Agreement is a single enterprise agreement.

Provision of information to employees before vote

[2] It appears employees were provided information about the vote on the agreement on 9 December 2025, six days before the vote. I queried why employees were not provided with this information at least seven full calendar days before the vote, and how they were provided with this information. Based on the response provided by the Australian Ballet and having regard to item 16 of the Statement of Principles on Genuine Agreement, I am satisfied that the requisite information was provided to employees within a reasonable time before the vote, taking into account the nature of the work-site, the number of employees, and the participation of Media, Entertainment and Arts Alliance (MEAA) in the process (who was a bargaining representative for the agreement).

[3] In response to several issues raised with the Australian Ballet in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. The views of the bargaining representatives have been sought in relation to these undertakings. 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. The undertakings are taken to be a term of the agreement.

[4] The undertakings relate to:

1. Annualised salary

2. Payment of overtime rates to casual employees

Interaction with the National Employment Standards

[5] Clause 5.3 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Clause 22.2 - Maximum Weekly Hours

2. Clause 33.1- Annual leave (accrual)

[6] 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.

[7] MEAA, 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) I note that the Agreement covers the MEAA.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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