DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Symphony Orchestra Holdings Pty Limited T/A Sydney Symphony Orchestra
(AG2016/7403)

SYDNEY SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2016-2018

Live performance industry
COMMISSIONER GREGORY	MELBOURNE, 20 JANUARY 2017

Application for approval of the Sydney Symphony Orchestra Musicians’ Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Symphony Orchestra Musicians’ Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Symphony Orchestra Holdings Pty Limited T/A Sydney Symphony Orchestra. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the recent matter of Sydney Symphony Orchestra Holdings Pty Limited T/A Sydney Symphony Orchestra, the Fair Work Commission was tasked with approving the proposed Sydney Symphony Orchestra Musicians’ Agreement 2016-2018. The application for approval was brought forth by the employer, Sydney Symphony Orchestra Holdings Pty Limited, following negotiations between the employer and the Musicians’ Union of Australia. The agreement in question pertained to the terms and conditions of employment for the musicians within the orchestra, including matters such as remuneration, working hours, and other employment-related provisions. The legal issues before the Commission centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it was in the best interests of the employees and the employer and whether it provided for fair and reasonable terms of employment.

The Fair Work Commission examined the proposed agreement in detail, considering the submissions from both the employer and the union. The Commission took into account the specific nature of the orchestral industry, the economic realities faced by the employer, and the interests of the musicians. The Commission noted that the agreement provided for a range of benefits to the musicians, including a competitive salary structure and provisions for professional development. Furthermore, the agreement addressed the unique scheduling requirements of orchestral performances, which often involve irregular and unpredictable hours. The Commission concluded that the proposed agreement was fair and reasonable, taking into account the specific circumstances of the orchestral industry and the respective interests of the employer and the musicians. The Commission approved the Sydney Symphony Orchestra Musicians’ Agreement 2016-2018, recognising its suitability in addressing the needs of both the employer and the musicians.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established