Sydney Symphony Orchestra Holdings Pty Limited T/A Sydney Symphony Orchestra

[2020] FWCA 2310

[2020] FWCA 2310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Sydney Symphony Orchestra Holdings Pty Limited T/A Sydney Symphony Orchestra
(AG2020/1176)

SYDNEY SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2019-2021

Live performance industry
COMMISSIONER LEE	MELBOURNE, 4 MAY 2020

Application for variation of the Sydney Symphony Orchestra Musicians’ Agreement 2019-2021.

[1] An application has been made for approval of a variation to the Sydney Symphony Orchestra Musicians’ Agreement 2019-2021 (the Agreement). The application was made by Sydney Symphony Orchestra Holdings Pty Limited T/A Sydney Symphony Orchestra pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[5] The application was not accompanied by a properly witnessed statutory declaration. Pursuant to s.586 of the Fair Work Act 2009 and in accordance with paragraphs 14–17 of the Statement issued by the Fair Work Commission on 31 March 2020, in the circumstances I consider it appropriate to dispense with compliance with the Rules and approve the application.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 4 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503306  PR718773>