DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Symphony Orchestra Pty Ltd
(AG2015/7513)

QUEENSLAND SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2016

Live performance industry
COMMISSIONER SIMPSON	BRISBANE, 16 DECEMBER 2015

Application for approval of the Queensland Symphony Orchestra Musicians’ Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Symphony Orchestra Musicians’ Agreement 2016 (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. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Media, Entertainment and Arts Alliance (the MEAA), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the MEAA.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 January 2016. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Queensland Symphony Orchestra Pty Ltd sought approval of the Queensland Symphony Orchestra Musicians’ Agreement 2016. The application was made under section 194 of the Fair Work Act 2009 (Cth). The orchestra was concerned that the existing agreement was outdated and did not adequately reflect the current working conditions and employment practices. The applicants argued that the new agreement would better accommodate the needs of both the musicians and the orchestra, ensuring the financial sustainability and artistic excellence of the organisation.

The legal issues before the court were whether the proposed agreement complied with the statutory requirements and whether it met the criteria for approval under the Fair Work Act. This included examining whether the agreement covered the necessary terms and conditions, provided for fair and reasonable terms, and adequately protected the interests of the musicians. The court had to consider whether the agreement was in the best interests of the orchestra and its members, taking into account both economic and artistic considerations.

The court found that the proposed agreement complied with the statutory requirements and met the criteria for approval. The agreement was deemed fair and reasonable, and it adequately protected the interests of the musicians while also considering the financial sustainability and artistic objectives of the orchestra. The court highlighted the importance of balancing the needs of both parties and noted that the agreement provided a comprehensive framework for future employment conditions. Consequently, the court approved the application, allowing the Queensland Symphony Orchestra Musicians’ Agreement 2016 to come into effect.

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