DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Symphony Orchestra Pty Ltd T/A Melbourne Symphony Orchestra
(AG2018/1760)

THE MELBOURNE SYMPHONY ORCHESTRA MUSICIANS AGREEMENT 2017

Live performance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 SEPTEMBER 2018

Application for approval of the Melbourne Symphony Orchestra Musicians Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Symphony Orchestra Musicians Agreement 2017 (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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 6 September 2018 and, in accordance with s.54, will operate from 13 September 2018. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Melbourne Symphony Orchestra Pty Ltd, trading as Melbourne Symphony Orchestra, and the Victorian Branch of the Australian Musicians' Union. The dispute centred around the proposed Melbourne Symphony Orchestra Musicians Agreement 2017, which the orchestra sought to have approved. The matter was brought before the Commission by the orchestra, which needed to secure the approval of this new agreement to replace an existing enterprise agreement that had expired.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the process of its negotiation and the content of the agreement. The Commission had to determine if the agreement was fairly and genuinely negotiated and if it met the criteria for being a "better off overall" agreement compared to the expired agreement. Additionally, the Commission needed to consider whether the agreement contained the necessary minimum terms and conditions as stipulated by the Act.

In its decision, the Commission found that the proposed agreement had been fairly and genuinely negotiated, as evidenced by the documentation and the testimony provided by the parties. The Commission also determined that the agreement was a "better off overall" agreement, as it provided for improved conditions and benefits for the musicians. The Commission concluded that the agreement contained all the required minimum terms and conditions and was, therefore, eligible for approval. The Commission approved the Melbourne Symphony Orchestra Musicians Agreement 2017, allowing it to come into effect and govern the employment relationship between the orchestra and its musicians.

No further orders were made beyond the approval of the agreement. The Commission's decision provided clarity for both the Melbourne Symphony Orchestra and the Australian Musicians' Union, ensuring that the new agreement could be implemented and that the musicians would benefit from the improved terms and conditions contained within it.

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