Adelaide Symphony Orchestra Pty Ltd T/A Adelaide Symphony Orchestra

[2013] FWCA 3666

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Adelaide Symphony Orchestra Pty Ltd T/A Adelaide Symphony Orchestra
(AG2013/1330)

ADELAIDE SYMPHONY ORCHESTRA MUSICIANS AGREEMENT 2013-2014

Live performance industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 JUNE 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Symphony Orchestra Musicians Agreement 2013-2014 (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 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] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2013. The nominal expiry date of the Agreement is 30 May 2014.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The parties involved in the matter were Adelaide Symphony Orchestra Pty Ltd T/A Adelaide Symphony Orchestra, who sought approval for the Adelaide Symphony Orchestra Musicians Agreement 2013-2014, and the Fair Work Commission, which was tasked with determining whether the agreement was in the best interest of the employees and the public. The application was made under the Fair Work Act 2009, and the proceedings took place in the Fair Work Commission.

The central legal issue the Court had to address was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically whether it met the criteria for a modern award. This involved examining if the agreement provided fair and reasonable terms for the employees, including pay rates, conditions, and dispute resolution mechanisms. The Court also considered if the agreement was in the public interest and aligned with the principles of the Act, such as promoting economic prosperity and social inclusion.

The Fair Work Commission found that the proposed agreement met the necessary criteria and was in the best interest of the employees and the public. The Commission noted that the agreement provided fair and reasonable terms for the musicians, including competitive pay rates, appropriate conditions, and effective dispute resolution processes. Additionally, the agreement was deemed to promote economic prosperity and social inclusion, aligning with the principles of the Fair Work Act 2009. Consequently, the Court approved the Adelaide Symphony Orchestra Musicians Agreement 2013-2014.

The final orders of the Court were that the Adelaide Symphony Orchestra Musicians Agreement 2013-2014 be approved and registered as a modern award under the Fair Work Act 2009. The agreement was to come into effect from the date of the decision and would apply to the employees covered by the agreement until it was terminated or replaced by a new agreement. This decision provided clarity and certainty for the parties involved and ensured that the agreement met the legal requirements set out in the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established