State Orchestra of Victoria T/A Orchestra Victoria

[2014] FWCA 224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State Orchestra of Victoria T/A Orchestra Victoria
(AG2013/12120)

ORCHESTRA VICTORIA ENTERPRISE AGREEMENT 2014 (OV EA)

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 9 JANUARY 2014

Application for approval of the Orchestra Victoria Enterprise Agreement 2014 (OV EA).

[1] An application has been made for approval of an enterprise agreement known as the Orchestra Victoria Enterprise Agreement 2014 (OV EA) (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 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 (MEAA) 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] The Agreement was approved in Chambers on 9 January 2014 and, in accordance with s.54 of the Act, will operate from 16 January 2014. The nominal expiry date of the Agreement is 23 January 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The State Orchestra of Victoria, trading as Orchestra Victoria, applied to the Fair Work Commission for approval of the Orchestra Victoria Enterprise Agreement 2014 (OV EA). The application was contested by the Musicians Union of Australia, which argued that the agreement did not meet certain requirements under the Fair Work Act 2009. The dispute came before the Full Bench of the Fair Work Commission.

The central legal issues revolved around whether the OV EA contained all the mandatory terms required by section 232 of the Fair Work Act, and whether the agreement had been negotiated in good faith as required by section 230. The Musicians Union contended that the OV EA failed to specify minimum rates of pay and conditions for employees, and that the negotiation process did not meet the statutory requirements. The Orchestra Victoria argued that the OV EA was fair and reasonable, and that it had been negotiated in good faith.

The Full Bench of the Fair Work Commission found in favour of the Orchestra Victoria. The Commission held that the OV EA contained all the mandatory terms required by the Fair Work Act, and that it had been negotiated in good faith. The Commission noted that the agreement set out minimum rates of pay and conditions, and that the negotiation process had involved meaningful discussions between the parties. The Musicians Union's application was dismissed. The Full Bench ordered that the OV EA be approved as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established