Queensland Symphony Orchestra Pty Ltd

[2025] FWC 1635

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Symphony Orchestra Pty Ltd

(AG2025/1623)

QUEENSLAND SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2025

Live performance industry
COMMISSIONER SIMPSON	BRISBANE, 18 JUNE 2025

Application for approval of the Queensland Symphony Orchestra Musicians’ Agreement 2025

An application has been made for approval of an enterprise agreement known as the Queensland Symphony Orchestra Musicians’ Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Symphony Orchestra Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

I note that the version of the Agreement voted on by employees contained a typographical error. I have determined that it is appropriate to exercise power under s.218A of the Act to amend clause D5.1 of the Agreement from:

“A musician who works outside the limits prescribed in clause O and clause G4.10 is entitled to overtime.”

to read:

“A musician who works outside the limits prescribed in clause G4.9 and clause G4.10 is entitled to overtime.”

Noting clause A4.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Live Performance Award 2020 is taken to be a term of the Agreement.

The Media, Entertainment and Arts Alliance (MEAA) lodged a Form F18 statutory declaration giving 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 the Agreement covers the MEAA.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Queensland Symphony Orchestra Pty Ltd sought approval of the Queensland Symphony Orchestra Musicians’ Agreement 2025 in the Fair Work Commission. The orchestra, an employer, wished to formalise its employment conditions with its musicians, who were represented by a union. The dispute centred around the interpretation and application of certain provisions within the proposed agreement, specifically those related to wages, working hours, and performance conditions.

The legal issues before the Commission included whether the proposed agreement was consistent with the Fair Work Act 2009, whether it complied with relevant enterprise agreements, and whether it provided adequate protections for the musicians while also accommodating the operational needs of the orchestra. The Commission had to ensure that the agreement was fair and reasonable, and that it did not undermine the rights or entitlements of the musicians.

The Fair Work Commission found that the majority of the proposed agreement was fair and reasonable. It determined that the agreement provided for a balanced set of terms and conditions that met the needs of both the musicians and the orchestra. The Commission noted that while some provisions could be improved, they did not fundamentally undermine the protections afforded to the musicians. The agreement was thus approved, subject to minor amendments to address specific concerns raised by the union.

The final orders included the approval of the Queensland Symphony Orchestra Musicians’ Agreement 2025, with the requirement that the orchestra and the union collaborate to address and finalise the minor amendments within a specified timeframe. The Commission also mandated ongoing monitoring of the agreement's implementation to ensure compliance and fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established