DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canberra Symphony Orchestra Inc.
(AG2017/6537)

CANBERRA SYMPHONY ORCHESTRA INC PLAYERS ENTERPRISE AGREEMENT 2018 - 2021

Australian Capital Territory
COMMISSIONER WILSON	MELBOURNE, 9 MAY 2018

Application for approval of the Canberra Symphony Orchestra Inc Players Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Symphony Orchestra Inc Players Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Canberra Symphony Orchestra Inc.. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Canberra Symphony Orchestra Inc Players Enterprise Agreement 2018 - 2021. The applicant, Canberra Symphony Orchestra Inc, sought approval for the proposed enterprise agreement which outlined the terms and conditions of employment for the orchestra's players. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues the court had to address included whether the agreement contained the required minimum terms as specified by the Fair Work Act, whether the agreement was made in good faith and whether the agreement was procedurally fair. Additionally, the court needed to determine if the agreement was in the best interest of the employees and whether it met the "better off overall test" which ensures that the agreement provides employees with a benefit overall, compared to the applicable award or registered agreement.

The Fair Work Commission found that the agreement contained all the necessary minimum terms and was made in good faith. The Commission also determined that the agreement was procedurally fair, as the application of the agreement was not rushed and proper consultation was undertaken with the employees. Furthermore, the Commission found that the agreement was in the best interest of the employees as it provided them with a benefit overall, including the provision of additional leave and improved superannuation benefits. The Commission approved the agreement and it will now be in effect from the 1st of July 2018 to the 30th of June 2021.

Canberra Symphony Orchestra Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established