Queensland Symphony Orchestra Pty Ltd

[2020] FWCA 1241

[2020] FWCA 1241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Symphony Orchestra Pty Ltd
(AG2019/5153)

QUEENSLAND SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2019 - 2020

Live performance industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 6 MARCH 2020

Application for approval of the Queensland Symphony Orchestra Musicians’ Agreement 2019 - 2020.

[1] Queensland Symphony Orchestra Pty Ltd has applied for approval of a single enterprise agreement known as the Queensland Symphony Orchestra Musicians’ Agreement 2019 – 2020 (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 operative date of the Agreement, the form of the application, whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct administrative and typographical errors in the original application, by filing an amended Agreement and amended statutory declaration. The bargaining representatives did not oppose the amendments. In the circumstances, I am satisfied that these amendments 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 union bargaining representative supported and the employee bargaining representative 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] On the basis of the material contained in the application, amended Agreement, amended statutory declaration, 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.

[6] 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.

[7] The Agreement was approved on 6 March 2020 and, notwithstanding clause 5 and in accordance with s.54, will operate from 13 March 2020. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

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Annexure A