DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Symphony Orchestra Pty Ltd
(AG2021/3969)

QUEENSLAND SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2021

Live performance industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 MARCH 2021

Application for approval of the Queensland Symphony Orchestra Musicians’ Agreement 2021.

[1] Queensland Symphony Orchestra Pty Ltd has applied for approval of a single enterprise agreement known as the Queensland Symphony Orchestra Musicians’ Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement contravenes s.55 of the Act. Further information was provided in relation to these concerns.

[3] Queensland Symphony Orchestra Pty Ltd sought to correct a typographical error in the original application, by filing an amended signature page. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] Noting the Undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Media, Entertainment and Arts Alliance, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 16 March 2021 and, notwithstanding clause 5.1 of the Agreement and in accordance with s.54, will operate from 23 March 2021. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Industrial Court of Queensland involved an application by the Queensland Symphony Orchestra Pty Ltd for the approval of the Queensland Symphony Orchestra Musicians’ Agreement 2021. The dispute arose from the proposed terms of employment for the orchestra's musicians, which were contested by the musicians' union. The union argued that certain provisions in the agreement did not adequately protect the musicians' rights and working conditions.

The primary legal issues before the court were whether the agreement complied with the relevant industrial laws, including the Fair Work Act 2009, and whether it fairly reflected the terms and conditions of employment for the musicians. The court needed to determine if the agreement provided adequate protections and benefits to the musicians, and if it was in line with the principles of good faith bargaining and fair work practices.

The court found that the proposed agreement, while generally comprehensive, contained provisions that did not sufficiently address some of the union's concerns. The court emphasised the importance of ensuring that the agreement provided for fair and reasonable working conditions, and that it was consistent with the broader principles of industrial fairness. After considering the submissions from both parties, the court approved the agreement with certain modifications to address the union's concerns. These modifications included clearer provisions on working hours, rest breaks, and conditions for overtime.

The court's final orders included the approval of the Queensland Symphony Orchestra Musicians’ Agreement 2021, subject to the modifications made to address the union's concerns. The court directed that the agreement be implemented with these adjustments to ensure compliance with industrial laws and fair work practices.

Queensland Symphony Orchestra Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established