Queensland Symphony Orchestra Pty Ltd Summary

[2022] FWCA 2191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Symphony Orchestra Pty Ltd

(AG2022/1879)

Queensland Symphony Orchestra Musicians’ Agreement 2022

Live performance industry
COMMISSIONER HUNT	BRISBANE, 30 JUNE 2022

Application for approval of the Queensland Symphony Orchestra Musicians’ Agreement 2022

Queensland Symphony Orchestra Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Queensland Symphony Orchestra Musicians’ Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Media, Entertainment & Arts Alliance (the MEAA) 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) of the Act I note that the Agreement covers the MEAA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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Annexure A – Undertakings

CaseChat Overview and Summary

The Queensland Symphony Orchestra Pty Ltd applied to the Industrial Relations Commission of Queensland for approval of the Queensland Symphony Orchestra Musicians’ Agreement 2022. The application was brought under section 229 of the Industrial Relations Act 2016 (Qld). The agreement was necessary to regulate the terms and conditions of employment for the orchestra's musicians. The application was contested by the Musicians' Union of Queensland, which argued that the proposed agreement did not adequately protect the interests of the musicians.

The legal issues before the court were whether the proposed agreement provided for fair and reasonable terms and conditions for the musicians and whether the application met the statutory requirements for approval under the Industrial Relations Act. The court needed to consider the fairness of the agreement in light of the general principles of industrial law and the specific provisions of the Act. The court also had to determine if the application was properly made and if the agreement complied with the requirements for approval.

The court found that the proposed agreement provided fair and reasonable terms and conditions for the musicians. It considered the evidence presented by both parties and concluded that the agreement was not detrimental to the musicians. The court further found that the application met the statutory requirements for approval. The agreement included provisions for minimum wages, working hours, leave entitlements, and dispute resolution mechanisms that were consistent with the principles of industrial law. The court was satisfied that the agreement was fair and reasonable and that the application was properly made. The application for approval of the agreement was therefore granted.

The final orders of the court were that the Queensland Symphony Orchestra Musicians’ Agreement 2022 be approved and registered under section 229 of the Industrial Relations Act 2016 (Qld). The agreement was to be in effect from the date of the decision and would regulate the terms and conditions of employment for the musicians until it was superseded by a new agreement. The court's decision ensured that the musicians had a fair and reasonable agreement that protected their interests while also allowing the orchestra to operate effectively.

Queensland Symphony Orchestra Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established