State Orchestra Of Victoria Trading AS Orchestra Victoria Summary

[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

ANNEXURE A

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 2025-2028. The application was contested by the Musicians Union of Australia. The dispute involved whether the agreement met the requirements of the Fair Work Act 2009, including its compliance with the “better off overall test” and whether it fairly reflected the needs of the parties involved.

The court was required to determine if the agreement provided for fair and reasonable terms and conditions of employment, ensuring that the employees were not worse off overall compared to their previous conditions. It also had to consider whether the agreement met the legal standards of good faith bargaining and whether it appropriately balanced the interests of both the employer and the employees.

In delivering its decision, the Fair Work Commission found that the agreement did meet the necessary requirements. The commission concluded that the agreement was fair and reasonable, and it passed the better off overall test. The commission considered the agreement to be a product of good faith bargaining, appropriately reflecting the needs and interests of both the employer and the employees. Consequently, the Fair Work Commission approved the Orchestra Victoria Enterprise Agreement 2025-2028.

State Orchestra Of Victoria Trading AS Orchestra Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established