DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Symphony Orchestra Pty Ltd T/A Melbourne Symphony Orchestra
(AG2020/3042)

MELBOURNE SYMPHONY ORCHESTRA MUSICIANS AGREEMENT 2020

Live performance industry
COMMISSIONER LEE	MELBOURNE, 30 OCTOBER 2020

Application for approval of the Melbourne Symphony Orchestra Musicians Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Symphony Orchestra Musicians Agreement 2020 (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 T/A Melbourne Symphony Orchestra. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Media, Entertainment and Arts Alliance 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Melbourne Symphony Orchestra Pty Ltd T/A Melbourne Symphony Orchestra, the applicant sought approval of the Melbourne Symphony Orchestra Musicians Agreement 2020. The dispute was heard in the Fair Work Commission. The Fair Work Commission was asked to consider whether the agreement provided a safety net for the musicians, whether it was in the public interest, and whether it complied with the Fair Work Act 2009.

The primary legal issue was whether the agreement provided a safety net that was not less favourable than the relevant industrial instrument. Additionally, the court had to consider whether the agreement was in the public interest and whether it complied with the requirements of the Fair Work Act. The applicant argued that the agreement provided a safety net that was not less favourable and that it was in the public interest. The respondent argued that the agreement did not provide a safety net that was not less favourable and that it was not in the public interest.

The Fair Work Commission held that the agreement provided a safety net that was not less favourable than the relevant industrial instrument. The agreement provided for minimum rates of pay, penalty rates, leave entitlements and other conditions that were not less favourable than the relevant industrial instrument. The court also held that the agreement was in the public interest as it facilitated the provision of high-quality orchestral performances to the public. The court approved the agreement, finding that it complied with the requirements of the Fair Work Act.

The Fair Work Commission approved the Melbourne Symphony Orchestra Musicians Agreement 2020. The court held that the agreement provided a safety net that was not less favourable than the relevant industrial instrument and that it was in the public interest. The agreement was approved and will now apply to the musicians employed by the applicant.

Melbourne Symphony Orchestra Pty Ltd T/A Melbourne Symphony Orchestra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established