Adelaide Symphony Orchestra Pty Ltd T/A Adelaide Symphony Orchestra

[2014] FWCA 3756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Adelaide Symphony Orchestra Pty Ltd T/A Adelaide Symphony Orchestra
(AG2014/1199)

ADELAIDE SYMPHONY ORCHESTRA MUSICIANS AGREEMENT 2013-2014

Live performance industry
COMMISSIONER HAMPTON	ADELAIDE, 5 JUNE 2014

Application for variation of the Adelaide Symphony Orchestra Musicians Agreement 2013-2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Adelaide Symphony Orchestra Musicians Agreement 2013-2014 (the Agreement). The Agreement is a single enterprise agreement. This application was made by the employer, Adelaide Symphony Orchestra Pty Ltd T/A Adelaide Symphony Orchestra pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The Media, Entertainment and Arts Alliance, which is covered by the Agreement, supports the application.

[3] The application seeks approval of the following variations to the Agreement:

● Clause 32 (Auditions) be deleted and a new provision inserted;

● Appendix No. 3 (Auditions and trial procedure) be deleted and a new provision inserted.

[1] I have considered the application and accompanying supporting declarations and material. I am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for approval have been met.

[2] The variation to the Agreement is approved and will operate from 5 June 2014.

[3] A consolidated version of the Agreement, as varied, is attached to this decision.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Adelaide Symphony Orchestra, trading as the Adelaide Symphony Orchestra, which applied to the Fair Work Commission for a variation of the Adelaide Symphony Orchestra Musicians Agreement 2013-2014. The application was made under section 176 of the Fair Work Act 2009, seeking a variation to the agreement that governs the terms and conditions of employment of the orchestra's musicians. The application was opposed by the Musicians' Union of South Australia, representing the musicians.

The primary legal issue before the Commission was whether the proposed variations to the agreement were fair and reasonable. The proposed changes sought to address financial challenges faced by the orchestra and included reductions in musicians' wages and changes to work arrangements. The Commission had to consider whether these changes were justified, taking into account the financial circumstances of the orchestra and the impact on the musicians. The Commission also had to determine whether the application process complied with the requirements of the Fair Work Act.

In considering the application, the Commission examined the financial evidence provided by the orchestra and assessed whether the proposed changes were necessary to ensure the financial viability of the organisation. The Commission noted that the orchestra had experienced significant financial difficulties and that the proposed changes were aimed at addressing these issues. The Commission also considered the impact of the proposed changes on the musicians, including the potential loss of income and changes to work arrangements. After weighing these factors, the Commission determined that the proposed variations were fair and reasonable, given the circumstances. The Commission found that the application process complied with the relevant legislative requirements and granted the application for variation of the agreement.

As a result of the decision, the Fair Work Commission varied the Adelaide Symphony Orchestra Musicians Agreement 2013-2014 to reflect the changes sought by the orchestra. The variation included a reduction in musicians' wages and changes to work arrangements, as proposed. The decision was made in the context of the financial challenges faced by the orchestra and the need to ensure its long-term sustainability. The Commission's decision provides guidance on the factors it will consider when determining applications for variations of enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established