Melbourne Symphony Orchestra Pty Ltd

[2023] FWCA 1954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne Symphony Orchestra Pty Ltd

(AG2023/2036)

MELBOURNE SYMPHONY ORCHESTRA MUSICIANS AGREEMENT 2023

Live performance industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 JUNE 2023

Application for approval of the Melbourne Symphony Orchestra Musicians Agreement 2023

Melbourne Symphony Orchestra Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Melbourne Symphony Orchestra Musicians Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Media, Entertainment and Arts Alliance (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 30 June 2023 and, in accordance with s 54, will operate from 7 July 2023. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Melbourne Symphony Orchestra Pty Ltd and its musicians. The dispute centred around the proposed 2023 Musicians Agreement. The applicants, the Melbourne Symphony Orchestra, sought approval of the agreement under the Fair Work Act 2009. The orchestra argued that the new agreement was necessary to address financial sustainability and operational challenges faced by the organisation.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act, particularly section 234, which mandates that enterprise agreements must provide for fair and efficient workplace relations and be in the public interest. Additionally, the Commission needed to consider whether the agreement provided for the fair treatment of employees and met the procedural requirements for approval.

The Commission found that the proposed agreement was in the public interest, as it addressed the financial viability of the Melbourne Symphony Orchestra, an institution of cultural and artistic significance. The agreement provided for reasonable terms and conditions for the musicians, balancing the needs of the orchestra with the welfare of the employees. The Commission also noted that the agreement met the procedural requirements, including proper consultation and notification processes. As a result, the Commission approved the Melbourne Symphony Orchestra Musicians Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established