DECISION

Fair Work Act 2009 s.185—Enterprise agreement

Adelaide Symphony Orchestra Pty Ltd T/A Adelaide Symphony Orchestra
(AG2016/3066)

ADELAIDE SYMPHONY ORCHESTRA MUSICIANS AGREEMENT 2016

Live performance industry
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2016

Application for approval of the Adelaide Symphony Orchestra Musicians Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Symphony Orchestra Musicians Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Symphony Orchestra Pty Ltd T/A Adelaide Symphony Orchestra. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Media, Entertainment and Arts Alliance 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2016. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case, the Applicant, Adelaide Symphony Orchestra Pty Ltd trading as Adelaide Symphony Orchestra, applied to the Fair Work Commission for the approval of the Adelaide Symphony Orchestra Musicians Agreement 2016. The primary dispute revolves around whether the proposed agreement meets the statutory requirements under the Fair Work Act 2009 and ensures that the terms are fair and reasonable for the employees involved. The court was tasked with reviewing the agreement to ascertain its compliance with the relevant legislative framework and to ensure that it adequately addresses the rights and obligations of both the employer and the employees.

The legal issues before the court encompassed several critical considerations. The primary concern was whether the terms of the agreement provided sufficient protections and entitlements for the musicians, aligning with the standards set by the Fair Work Act. Additionally, the court needed to assess if the agreement was genuinely negotiated and if it addressed the balance of interests between the parties involved. The court had to ensure that the agreement did not unfairly disadvantage any party and that it was in line with the overarching principles of fairness and equity in employment agreements.

The Fair Work Commission, after thorough deliberation, found that the proposed agreement was fair and reasonable. The court acknowledged that the agreement had been the result of genuine negotiations and that it provided adequate protections for the musicians. The court also determined that the terms of the agreement were consistent with the requirements of the Fair Work Act and did not place any party at a significant disadvantage. Based on these findings, the court approved the Adelaide Symphony Orchestra Musicians Agreement 2016, recognising it as a fair and balanced agreement that meets the statutory criteria.

The final order of the court was the approval of the Adelaide Symphony Orchestra Musicians Agreement 2016, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms of the musicians, subject to the protections and entitlements stipulated within the approved document. The court's decision provides certainty and clarity for both the employer and the employees, ensuring that the agreement operates within the legal framework established by the Fair Work Act.

Adelaide Symphony Orchestra Pty Ltd T/A Adelaide Symphony Orchestra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established