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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Queensland Symphony Orchestra Pty Ltd applied to the Fair Work Commission for approval of the Queensland Symphony Orchestra Musicians’ Agreement 2019 - 2020. The application was made under section 236 of the Fair Work Act 2009. The applicant argued that the agreement would provide for a fair and efficient workplace, ensuring the financial sustainability of the orchestra while protecting the rights and interests of the musicians.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Act. Specifically, the Commission had to consider whether the agreement provided for a fair and efficient workplace, and whether it contained provisions that were contrary to public policy. The Commission also needed to assess whether the agreement appropriately balanced the interests of the musicians and the orchestra.

In determining whether the agreement met the criteria for approval, the Commission considered the economic and non-economic provisions of the agreement. The Commission found that the agreement provided for a fair and efficient workplace and did not contain any provisions that were contrary to public policy. The Commission noted that the agreement included provisions for the financial sustainability of the orchestra, as well as provisions that protected the rights and interests of the musicians. The Commission also found that the agreement appropriately balanced the interests of the musicians and the orchestra.

As a result, the Fair Work Commission approved the Queensland Symphony Orchestra Musicians’ Agreement 2019 - 2020. The agreement is now legally binding on the parties and will govern the employment of the musicians for the specified period.

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