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

[2020] FWCA 2312

[2020] FWCA 2312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Sydney Symphony Orchestra Holdings Pty Limited T/A Sydney Symphony Orchestra
(AG2020/1182)

SYDNEY SYMPHONY ORCHESTRA ADMINISTRATIVE STAFF AGREEMENT 2019-2021

Live performance industry
COMMISSIONER LEE	MELBOURNE, 4 MAY 2020

Application for variation of the Sydney Symphony Orchestra Administrative Staff Agreement 2019-2021.

[1] An application has been made for approval of a variation to the Sydney Symphony Orchestra Administrative Staff 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] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 10 February 2020. Those undertakings form 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

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