Sydney Symphony Orchestra Holdings Pty Ltd

[2013] FWCA 4031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Symphony Orchestra Holdings Pty Ltd
(AG2013/6563)

SYDNEY SYMPHONY ORCHESTRA ADMINISTRATIVE STAFF AGREEMENT 2013 - 2015

Live performance industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 21 JUNE 2013

Application for approval of the Sydney Symphony Orchestra Administrative Staff Agreement 2013 - 2015.

[1] An application has been made for the approval of an enterprise agreement known as the Sydney Symphony Orchestra Administrative Staff Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[3] CPSU, 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) of the Act, I note the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2013. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the case of Sydney Symphony Orchestra Holdings Pty Ltd involved an application for approval of the Sydney Symphony Orchestra Administrative Staff Agreement 2013-2015. The applicant, Sydney Symphony Orchestra Holdings Pty Ltd, sought to have the agreement approved by the Court. The agreement was to apply to the administrative staff of the Sydney Symphony Orchestra and was to be administered by the Sydney Symphony Orchestra.

The central legal issue before the Court was whether the agreement met the requirements of section 234 of the Fair Work Act 2009, which sets out the criteria for the approval of an enterprise agreement. The applicant had to demonstrate that the agreement was in the interests of the employees and that it was a genuine enterprise agreement. The applicant also had to demonstrate that the agreement had been negotiated in good faith and that the requisite procedural requirements had been met.

The Court found that the applicant had satisfied all the requirements for the approval of the agreement. The agreement was in the interests of the employees and was a genuine enterprise agreement. The Court was satisfied that the agreement had been negotiated in good faith and that all procedural requirements had been met. The Court approved the agreement, noting that it provided a fair and reasonable outcome for both the employees and the employer.

The Court made an order approving the Sydney Symphony Orchestra Administrative Staff Agreement 2013-2015, which was to be registered by the Fair Work Commission. The agreement was to apply to the administrative staff of the Sydney Symphony Orchestra from 1 July 2013 until 30 June 2015. The Court's approval of the agreement ensured that the employees would receive fair and reasonable terms and conditions of employment during the period of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established