Queensland Symphony Orchestra Pty Ltd

[2022] FWCA 4566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Symphony Orchestra Pty Ltd

(AG2022/5239)

Queensland Symphony Orchestra Musicians' Agreement 2023-2024

Live performance industry
COMMISSIONER JOHNS	MELBOURNE, 22 DECEMBER 2022

Application for approval of the Queensland Symphony Orchestra Musicians' Agreement 2023-2024

An application has been made for approval of an enterprise agreement known as the Queensland Symphony Orchestra Musicians’ Agreement 2023-2024 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Queensland Symphony Orchestra Pty Ltd sought approval for a new musicians' agreement for the period 2023-2024, which was to replace the existing agreement set to expire on 30 June 2023. The application was brought before the Fair Work Commission, with the Queensland Symphony Orchestra Pty Ltd as the applicant and the Musicians' Union of Queensland as the respondent. The central issue before the Commission was whether the terms of the proposed agreement complied with the relevant statutory requirements and provided fair and reasonable terms for both parties.

The Fair Work Commission was required to determine if the proposed agreement met the statutory criteria for approval, including whether it was made in good faith and was fair and reasonable in all its terms. The Commission had to consider various factors, including the economic and operational context of the Orchestra, the need for flexibility and efficiency in the industry, and the rights and obligations of both employers and employees under the Fair Work Act 2009. Additionally, the Commission had to assess the balance of the proposed terms in relation to the interests of the musicians and the financial sustainability of the Orchestra.

After considering the submissions from both parties, the Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission highlighted the need for the Orchestra to remain financially viable while also ensuring the musicians' terms and conditions were fair. The Commission approved the agreement on the condition that certain minor amendments were made to address specific concerns raised during the hearing. These amendments included clarifications on certain provisions to better protect the rights of the musicians.

The Fair Work Commission approved the Queensland Symphony Orchestra Musicians' Agreement 2023-2024 with the stipulated amendments. This decision ensured that the agreement was compliant with the Fair Work Act 2009 and balanced the interests of both the Queensland Symphony Orchestra Pty Ltd and the Musicians' Union of Queensland.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established