Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11:

1. The Chief Executive Officer of the Sydney Opera House Trust ("SOHT") has applied for approval of the Sydney Opera House Enterprise Agreement 2024 -2027 ("Agreement"), pursuant to s 34 of the Industrial Relations Act 1996 (NSW) ("Act'"). The SOHT also seeks the termination of the Sydney Opera House Enterprise Agreement 2022 -2024 ("previous Agreement") pursuant to s 44 of the Act. [1]

2. The previous Agreement was approved by Commissioner Muir on 12 December 2022. Commissioner Sloan varied the agreement by decision on 20 December 2023. The Agreement provides for a 10.5% baseline remuneration increase and a cost-of living adjustment over the three-year term of the proposed agreement and maintains the guaranteed minimum conditions of employment prescribed in the Fair Pay Policy.

3. The application is supported by a Statement of Particulars. The SOHT also relied on affidavits of Kya Blondin, the Executive Director, People & Government at Sydney Opera House, and Mark O'Sullivan, the Manager, Industrial Relations & HR Projects at Sydney Opera House.

4. The respondent to the application is the Media Entertainment and Arts Alliance ("MEAA"). The MEAA supports the application.

5. In her affidavit, Ms Blondin described the coverage of the Agreement. She deposed, and set out the basis for deposing, that:

1) the proposed agreement complies with the NSW Public Sector Fair Pay and Bargaining Policy 2024-2025;

2) the proposed agreement meets the requirements for approval set out in the 'Principles for Approval of Enterprise Agreements' as outlined in the Full Bench Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005 ("Principles");

3) the parties have a full and proper understanding of the nature and effect of the proposed agreement, the Sydney Opera House Trust Staff Agency was actively involved with the MEAA in negotiating the proposed agreement, and the parties have not entered into the proposed agreement under duress. The affidavit of Ms Blondin sets out a comprehensive account of the communications and negotiations relating to the Agreement;

4) the proposed agreement complies with all relevant statutory requirements, including those under the Anti-Discrimination Act 1977 (NSW);

5) the proposed agreement does not, on balance, provide a net detriment to employees when compared with the aggregate package of conditions of employment which would otherwise apply under applicable awards;

6) the proposed agreement establishes consultative mechanisms and procedures that are appropriate to the size, structure and needs of Sydney Opera House, and includes commitments by the employer to consult and communicate with employees and the MEAA on a range of workplace matters; and

7) the proposed agreement contains a disputes resolution clause.

6. The application is also supported by an affidavit of Annette Widzt, Senior Industrial Officer, MEAA. She gave evidence of the bargaining process and the communications the MEAA had with their members during the process. She deposed that 98% percent of votes from their members were in favour of the Agreement being made.

7. An important requirement for the approval of an enterprise agreement is that the terms and conditions of employment under the enterprise agreement do not, on balance, provide a net detriment to the employees when compared with the aggregate package of conditions of employment under other applicable awards (no net detriment test): s 35.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197f82bca82f11cccc0c9817)

Disclaimer: Curated by HT Syndication.