Canberra Symphony Orchestra Inc.

[2013] FWCA 2294

[2013] FWCA 2294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canberra Symphony Orchestra Inc.
(AG2012/14033)

THE CANBERRA SYMPHONY ORCHESTRA INC PLAYERS COLLECTIVE AGREEMENT 2012-2016

Live performance industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 17 APRIL 2013

Application for approval of The Canberra Symphony Orchestra lnc Players Collective Agreement 2012-2016.

[1] An application has been made for the approval of an enterprise agreement known as The Canberra Symphony Orchestra Inc Players Collective Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application until the actual date of lodgement.

[3] The Agreement was called on for hearing and conference on 4 February and 15 April 2013. At these proceedings the Media, Entertainment and Arts Alliance (MEAA) and the Musicians’ Union of Australia (MUA) raised a number of objections to the application for approval of the Agreement. As a result of these proceedings and the provision of undertakings by Canberra Symphony Orchestra Inc (the Employer), the MEAA and MUA withdrew their objections to the approval of the Agreement.

[4] Undertakings have been provided by the Employer in relation to the payment of some allowances and reimbursement of expenses as under the relevant modern award, rates of pay in certain circumstances, Sunday and public holiday pay, and payment for performances which are broadcast, telecast, filmed or recorded. The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

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

[6] The MEAA and the MUA, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2013. The nominal expiry date of the Agreement is 1 June 2016.

SENIOR DEPUTY PRESIDENT

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