State Orchestra of Victoria (Orchestra Victoria)

[2014] FWCA 3354

[2014] FWCA 3354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State Orchestra of Victoria (Orchestra Victoria)
(AG2014/1092)

ORCHESTRA VICTORIA ENTERPRISE AGREEMENT 2014-2017

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 21 MAY 2014

Application for approval of the Orchestra Victoria Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Orchestra Victoria Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made the State Orchestra of Victoria (Orchestra Victoria). 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) of the Act I note that the Agreement covers the organisation.

[4] It is noted that clause 2 of the Agreement (Operation and Duration of Agreement) provides that:

1. The Agreement operates on and from 1 July 2014, provided that The Australian Ballet becomes the effective owner of the State Orchestra of Victoria on or prior to 1 July 2014; and

2. If, for whatever reason, The Australian Ballet does not become the effective owner of the State Orchestra of Victoria on or prior to 1 July 2014, the Agreement will not operate and the Orchestra Victoria Enterprise Agreement 2014 (OV EA) 1 will continue in full force and effect until a replacement agreement operates.

[5] The Agreement has therefore been approved on this basis.

[6] The Agreement was approved in Chambers on 21 May 2014 and, in accordance with s.54(1)(b) of the Act, will operate from 1 July 2014. The nominal expiry date of the Agreement is 20 May 2017.

 1   AE406303

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