State Orchestra of Victoria (Orchestra Victoria) Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Orchestra Victoria, seeking approval for the Enterprise Agreement 2014-2017. The dispute was centred around the specific terms and conditions outlined in the agreement, which the applicants sought to have formally recognised and binding. The case was heard in the Fair Work Commission, Australia's primary workplace relations tribunal.

The legal issues before the Commission were primarily concerned with whether the terms of the proposed enterprise agreement were fair and reasonable, as required under the Fair Work Act 2009. The Commission had to assess if the agreement met the criteria for approval, such as whether it provided for the proper management of the enterprise, ensured procedural fairness in the workplace, and provided for the resolution of disputes. Additionally, the Commission considered the balance of bargaining power between the parties and the extent to which the agreement provided for procedural fairness and the resolution of disputes.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable. The Commission took into account the context of the agreement, including the nature of the enterprise and the bargaining positions of the parties. The Commission noted that the agreement provided for procedural fairness, appropriate management of the enterprise, and effective dispute resolution mechanisms. The Commission also found that the agreement did not adversely affect employees' terms and conditions of employment and that it provided for a reasonable balance of bargaining power. Consequently, the Commission approved the enterprise agreement, deeming it to be in compliance with the legislative requirements.

The Fair Work Commission ordered the approval of the Orchestra Victoria Enterprise Agreement 2014-2017, making it a legally binding document between the parties involved. The approval meant that the terms and conditions outlined in the agreement would govern the employment relationship during the specified period. The decision provided clarity and certainty for both the Orchestra Victoria and its employees, ensuring that the agreement would be implemented as intended.

State Orchestra of Victoria (Orchestra Victoria)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established