DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Symphony Orchestra Pty Ltd
(AG2015/2406)

MELBOURNE SYMPHONY ORCHESTRA STAFF AGREEMENT 2015

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 21 APRIL 2015

Application for approval of the Melbourne Symphony Orchestra Staff Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Symphony Orchestra Staff Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Symphony Orchestra Pty Ltd. 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] The Agreement was approved in Chambers on 21 April 2015 and, in accordance with s.54 of the Act, will operate from 28 April 2015. The nominal expiry date of the Agreement is 27 April 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Melbourne Symphony Orchestra Pty Ltd, which sought approval of the Melbourne Symphony Orchestra Staff Agreement 2015. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement provided for a fair and reasonable method of determining the terms and conditions of employment for the orchestra's staff, including musicians and administrative personnel.

The Commission considered the content of the agreement, including provisions for dispute resolution, wages, and working conditions. The Melbourne Symphony Orchestra argued that the agreement reflected a genuine attempt to balance the needs of both the employer and employees, with particular emphasis on the unique nature of the orchestral work environment. The Commission examined whether the agreement adequately protected the interests of the employees, particularly given the often precarious nature of work in the arts sector. It was also necessary to consider whether the agreement provided for fair and reasonable terms and conditions of employment, in line with the objectives of the Fair Work Act.

After thorough consideration, the Fair Work Commission determined that the Melbourne Symphony Orchestra Staff Agreement 2015 did not fully meet the criteria for approval under the Act. The Commission found that certain provisions did not adequately protect the interests of the employees, particularly in relation to dispute resolution and working conditions. As a result, the Commission refused to approve the agreement. The Melbourne Symphony Orchestra was required to revise the agreement to address the concerns raised by the Commission, and resubmit it for approval.

Melbourne Symphony Orchestra Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established