DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Symphony Orchestra Pty Ltd
(AG2014/10753)

MELBOURNE SYMPHONY ORCHESTRA MUSICIANS AGREEMENT 2014

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 16 DECEMBER 2014

Application for approval of the Melbourne Symphony Orchestra Musicians Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Symphony Orchestra Musicians Agreement 2014 (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 Media, Entertainment and Arts Alliance (MEAA 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] The Agreement was approved in Chambers on 16 December 2014 and, in accordance with s.54 of the Act, will operate from 23 December 2014. The nominal expiry date of the Agreement is 1 May 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Melbourne Symphony Orchestra Pty Ltd sought approval of a new musicians' agreement. The dispute arose between the Melbourne Symphony Orchestra, the employer, and the musicians' union, which represented the employees. The Fair Work Commission was tasked with reviewing the agreement to ensure it complied with the Fair Work Act 2009.

The central legal issue was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was a "contemporary award." This meant examining whether the agreement provided for appropriate minimum wages and conditions, and whether it was consistent with the objectives of the Act. The Commission also needed to consider if the agreement had been developed through genuine bargaining between the employer and the union.

After a thorough review of the agreement, the Commission found that the Melbourne Symphony Orchestra Musicians Agreement 2014 satisfied the criteria for approval. The agreement was deemed to be a contemporary award as it provided for fair wages and conditions, and it had been developed through genuine collective bargaining. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act and approved it accordingly. The decision ensures that the musicians are protected by a fair and contemporary agreement, balancing the needs of both the employer and the employees.

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