State Orchestra Of Victoria Trading AS Orchestra Victoria
[2025] FWCA 1138
•3 APRIL 2025
| [2025] FWCA 1138 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
State Orchestra Of Victoria Trading AS Orchestra Victoria
(AG2025/707)
ORCHESTRA VICTORIA ENTERPRISE AGREEMENT 2025–2028
| Live performance industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 3 APRIL 2025 |
Application for approval of the Orchestra Victoria Enterprise Agreement 2025-2028
An application has been made for approval of an enterprise agreement to be known as the Orchestra Victoria Enterprise Agreement 2025-2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by State Orchestra Of Victoria Trading AS Orchestra Victoria (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 2 April 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Live Performance Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2025. The nominal expiry date of the Agreement is 31 December 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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