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

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CaseChat Overview and Summary

The case involved an application by Sydney Symphony Orchestra Holdings Pty Limited T/A Sydney Symphony Orchestra to vary the Sydney Symphony Orchestra Musicians’ Agreement 2019-2021. The application was brought to address financial difficulties experienced by the orchestra due to the impact of the COVID-19 pandemic on its operations. The matter was heard in the Fair Work Commission, which has jurisdiction over employment-related disputes and agreements.

The primary legal issues before the Commission were whether the variations proposed by the orchestra were reasonable and necessary in light of the exceptional circumstances caused by the pandemic. The application sought to reduce the number of musicians employed, decrease their working hours, and adjust their remuneration. The musicians’ union, representing the affected employees, opposed the proposed changes, arguing that they were unfair and not warranted under the existing agreement.

The Commission considered the impact of the pandemic on the orchestra's financial viability, the extent to which the proposed changes were necessary, and whether the changes were fair and reasonable under the circumstances. It was noted that the pandemic had severely affected the orchestra's ability to generate revenue, leading to significant financial losses. The Commission found that the proposed variations were necessary to ensure the orchestra's survival and that the changes were fair and reasonable given the extraordinary circumstances. The application was thus approved, allowing the orchestra to implement the proposed changes.

The Commission ordered that the Sydney Symphony Orchestra Musicians’ Agreement 2019-2021 be varied as proposed by the orchestra. The variations included reducing the number of musicians employed, decreasing their working hours, and adjusting their remuneration to reflect the new conditions. The decision was made in recognition of the exceptional financial difficulties faced by the orchestra due to the COVID-19 pandemic.

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