DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Symphony Orchestra Pty Ltd T/A Adelaide Symphony Orchestra
(AG2015/3340)

ADELAIDE SYMPHONY ORCHESTRA MUSICIANS AGREEMENT 2014-2015

Live performance industry
COMMISSIONER HAMPTON	ADELAIDE, 31 JULY 2015

Application for approval of the Adelaide Symphony Orchestra Musicians Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Symphony Orchestra Musicians Agreement 2014-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act 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) of the Act 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 7 August 2015. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Adelaide Symphony Orchestra Pty Ltd, trading as Adelaide Symphony Orchestra, which sought approval for the Adelaide Symphony Orchestra Musicians Agreement 2014-2015 from the Fair Work Commission. The dispute arose when the orchestra proposed a new agreement that included changes to the musicians' conditions of employment, which were not favourably received by the musicians' union. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal standards and whether it should be approved.

The central legal issue before the Commission was whether the proposed agreement was in the best interests of the musicians, considering the provisions of the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms of employment, including wages, working conditions, and other entitlements. The Commission had to balance the rights and interests of the orchestra, as an employer, against the rights of the musicians, as employees.

In its decision, the Commission considered the evidence presented by both parties and examined the terms of the proposed agreement against the criteria set out in the Fair Work Act. The Commission found that while the proposed agreement contained some provisions that were favourable to the orchestra, it also included terms that were detrimental to the musicians. However, the Commission concluded that the overall agreement was fair and reasonable, taking into account the economic context and the need for the orchestra to remain viable. Consequently, the Commission approved the agreement, subject to certain conditions to protect the musicians' interests.

The Commission's final orders included the approval of the Adelaide Symphony Orchestra Musicians Agreement 2014-2015, with specific conditions designed to safeguard the musicians' rights. These conditions ensured that the agreement was implemented in a manner that was fair and reasonable, and that any changes to the musicians' conditions of employment were properly negotiated and agreed upon.

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