DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Symphony Orchestra Holdings Pty Limited
(AG2019/4896)

SYDNEY SYMPHONY ORCHESTRA ADMINISTRATIVESTAFF AGREEMENT 2019-2021

Live performance industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 FEBRUARY 2020

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

[1] Sydney Symphony Orchestra Holdings Pty Limited has made an application for approval of an enterprise agreement known as the Sydney Symphony Orchestra Administrative Staff Agreement 2019-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Community and Public Sector Union, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 10 February 2020 and, in accordance with s 54, will operate from 17 February 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Sydney Symphony Orchestra Holdings Pty Limited, the dispute involved an application for the approval of the Sydney Symphony Orchestra Administrative Staff Agreement 2019-2021. The application was brought before the Federal Circuit Court of Australia by the Sydney Symphony Orchestra Holdings Pty Limited, seeking the court's approval of the proposed agreement. The nature of the dispute was related to the terms and conditions of employment for the administrative staff within the Sydney Symphony Orchestra. The application was necessary to ensure that the agreement met the legal requirements and standards for approval under relevant industrial relations legislation.

The legal issues the court was required to decide included whether the proposed agreement provided for fair and reasonable terms for the administrative staff, and whether the agreement complied with the necessary provisions under the Fair Work Act 2009. Additionally, the court had to determine whether the application process was conducted appropriately and if the agreement was in the best interest of the employees and the employer. The court also had to consider whether the agreement met the criteria for approval as a "modern award" under the Fair Work Act.

The court considered the submissions and evidence presented by both parties, and examined the proposed agreement in detail. The court found that the agreement provided for fair and reasonable terms for the administrative staff, and that it complied with the necessary provisions under the Fair Work Act. The court also found that the application process was conducted appropriately and that the agreement was in the best interest of both the employees and the employer. As a result, the court granted the application for approval of the Sydney Symphony Orchestra Administrative Staff Agreement 2019-2021. The agreement was approved and will now be in effect from the specified period.

Sydney Symphony Orchestra Holdings Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established