DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Symphony Orchestra Pty Ltd
(AG2016/8013)

QUEENSLAND SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2017

Live performance industry
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

[1] An application has been made for approval of an enterprise agreement known as the Queensland Symphony Orchestra Musicians’ Agreement 2017 (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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2017. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involves an application by the Queensland Symphony Orchestra Pty Ltd for approval of an enterprise agreement known as the Queensland Symphony Orchestra Musicians’ Agreement 2017. The application is pursuant to section 185 of the Fair Work Act 2009. The Agreement in question is a single enterprise agreement. The legal issues before the Commission included whether the Agreement provided for fair and reasonable terms and conditions, whether it met the "better off overall test", and whether it complied with the "no unprotected labour" requirement. The Commission needed to determine if the Agreement was fair and reasonable and if it provided for better terms and conditions for the employees than what was provided by the applicable awards or the general industrial conditions.

The Fair Work Commission assessed the application, focusing on the provisions of the Agreement, the terms and conditions it provided, and its compliance with the statutory requirements. The Commission examined the "better off overall test" by comparing the terms and conditions of the Agreement with the relevant awards and general industrial conditions. The Commission also considered the "no unprotected labour" requirement, ensuring that the Agreement did not permit unprotected labour that could undermine the protections provided by the Act. Ultimately, the Commission found that the Agreement was fair and reasonable, met the "better off overall test", and complied with the "no unprotected labour" requirement. The Commission approved the Agreement, ensuring that the employees of the Queensland Symphony Orchestra Pty Ltd would benefit from the provisions of the Agreement.

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