State Orchestra of Victoria T/A Orchestra Victoria

[2018] FWCA 6467

[2018] FWCA 6467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State Orchestra of Victoria T/A Orchestra Victoria
(AG2018/2011)

ORCHESTRA VICTORIA ENTERPRISE AGREEMENT 2018 - 2020

Live performance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 OCTOBER 2018

Application for approval of the Orchestra Victoria Enterprise Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Orchestra Victoria Enterprise Agreement 2018 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by State Orchestra of Victoria T/A Orchestra Victoria (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] A former employee of the Applicant wrote to the Commission on 22 May 2018 and 17 October 2018 raising concerns with the Agreement.

[4] I have considered the submissions of the parties and, subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] 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.

[6] The Agreement was approved on 19 October 2018 and, in accordance with s.54, will operate from 26 October 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A