Stayin’ Alive:
Will Australia’s Arts Sector Survive the Pandemic? Max Gale
T
he coronavirus pandemic has decimated Australia's arts sector. When state and federal governments-imposed restrictions on public gatherings, cultural venues across the country immediately ceased to operate. Live music venues, movie theatres, and art galleries across Australia have only recently begun to open their doors again. All of this has caused significant disruption to an industry which was already teetering on the brink due to successive funding cuts, ineffective workplace relations policy, and a highly impractical regulatory framework. Many arts organisations have been forced to downsize or otherwise go under. With tens of thousands of arts sector jobs lost and JobKeeper largely unavailable to arts workers, creative professionals have been forced to generate new income streams just to survive. Ironically, with the Australian arts sector facing an existential crisis, 2020 was the year when we needed art the most. During the lockdowns, many of us turned to the arts to escape from the realities of the world around us. As we emerge from 2020, and with a recent study finding that 98% of Australians engage in the arts, we must acknowledge the immense value of cultural institutions to the Australian way of life. If the arts are not only going to survive, but also thrive, the law must be reformed in three key areas: workplace relations, public funding, and industry regulation. Workplace Relations Australia’s rigid workplace relations system has 12 | The Brief
proven largely unfit for purpose in the modern arts sector. At the start of the pandemic, there was hope that the crisis would inspire a new era of workplace cooperation. For example, the Sydney Symphony Orchestra began consulting in good faith with their staff and their union, the Media, Entertainment and Arts Alliance (MEAA). By working cooperatively, both parties were able to reach a collective agreement under the Fair Work Act 2009 (Cth), which ensured all musicians retained their employment. However, this outcome is a rare example of workplace cooperation during the pandemic. When employers and unions have both been unwilling to take a similarly cooperative approach, Australia’s rigid industrial relations framework has failed to achieve satisfactory outcomes. For example, Opera Australia dismissed over a quarter of their workforce without consulting their staff or the MEAA. These terminations, which continue to be litigated before the Federal Court, reflect the enormous cost of breakdowns in workplace cooperation for both parties. Whilst the federal government has responded to this new dynamic with their proposed Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020, it is unlikely this move will result in greater workplace cooperation. As the Bill seeks to suspend the Better off Overall Test for 24 months, water down the enforceability of the National Employment Standards, and reduce opportunities for protected industrial action, it is unlikely the unions will support the changes. Moreover, most of the changes Ed.1 2021
