State Orchestra of Victoria T/A Orchestra Victoria

[2013] FWCA 7628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State Orchestra of Victoria T/A Orchestra Victoria
(AG2013/2874)

ORCHESTRA VICTORIA ENTERPRISE AGREEMENT 2013

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 30 SEPTEMBER 2013

Application for approval of the Orchestra Victoria Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Orchestra Victoria Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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, 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 this organisation.

[4] The Agreement was approved in Chambers on 30 September 2013 and, in accordance with s.54 of the Act, will operate from 7 October 2013. The nominal expiry date of the Agreement is 14 October 2013.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The State Orchestra of Victoria, trading as Orchestra Victoria, sought approval of the Orchestra Victoria Enterprise Agreement 2013. The application was brought before the Fair Work Commission, which had to decide whether the agreement met the statutory requirements under the Fair Work Act 2009. The legal issues at hand involved whether the agreement provided for the lawful terms and conditions of employment, including minimum rates of pay and entitlements, and whether it complied with the good faith bargaining provisions.

The Commission examined the agreement to ensure it was made in good faith, that it contained the necessary minimum terms and conditions, and that it adhered to the procedural requirements outlined in the Act. The Court assessed whether the bargaining process was genuine and whether the agreement was fair and reasonable. In considering the evidence presented, the Court found that the agreement had been negotiated in good faith, met all the mandatory minimum terms and conditions, and was fair and reasonable. The agreement was subsequently approved by the Commission.

The Commission's decision was based on the thorough analysis of the bargaining process and the content of the agreement. The Court found that the agreement was comprehensive and provided for lawful terms and conditions of employment. The Commission determined that the agreement was fair and reasonable and that the bargaining process was conducted in good faith. As a result, the Fair Work Commission approved the Orchestra Victoria Enterprise Agreement 2013, providing a clear and binding framework for the employment terms of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established