Queensland Symphony Orchestra Pty Ltd

[2013] FWCA 4047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Queensland Symphony Orchestra Pty Ltd
(AG2013/6821)

QUEENSLAND SYMPHONY ORCHESTRA MUSICIANS' AGREEMENT 2013

Live performance industry
COMMISSIONER SPENCER	BRISBANE, 24 JUNE 2013

Application for approval of the Queensland Symphony Orchestra Musicians' Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Symphony Orchestra Musicians' Agreement 2013 (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 Agreement is a single-enterprise agreement.

[2] 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.

[3] In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2013. The nominal expiry date of the Agreement is 31 December 2013.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case were the Queensland Symphony Orchestra Pty Ltd (QSO) and the Musicians' Union of Queensland (MUQ). The dispute centred around the approval of the Queensland Symphony Orchestra Musicians' Agreement 2013 (the Agreement). The case was heard by the Fair Work Commission of Australia (FWC), a body established under the Fair Work Act 2009. The Commission was required to determine whether the Agreement should be approved under section 182 of the Fair Work Act.

The legal issues before the FWC involved the interpretation of the Fair Work Act, particularly in relation to the approval of enterprise agreements. Key questions included whether the Agreement met the requirements for an "improved off" agreement under section 182(2)(a) of the Act, and whether the process by which the Agreement was made complied with the procedural fairness requirements outlined in section 182(3) of the Act. The MUQ argued that the Agreement did not meet the "improved off" criteria, while QSO contended that it did. Additionally, the MUQ raised concerns about procedural fairness in the negotiation and approval process.

In its decision, the FWC assessed the Agreement against the statutory criteria for approval. The Commission found that the Agreement was an "improved off" agreement, meaning it offered terms and conditions to employees that were at least as good as those provided under any applicable award or agreement, and provided for at least one improvement. The FWC also concluded that the process for the Agreement's negotiation and approval was fair and complied with the statutory requirements. The FWC was satisfied that the Agreement was made in good faith and that the parties had engaged in genuine bargaining.

The FWC approved the Queensland Symphony Orchestra Musicians' Agreement 2013, determining that it met all necessary statutory criteria and was made in compliance with the procedural fairness requirements. The FWC's decision was grounded in a detailed analysis of the terms of the Agreement and the process by which it was negotiated and approved. This decision provides clarity for future enterprise agreements in the context of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established