Sydney Symphony Orchestra Holdings Pty Ltd

[2013] FWCA 395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Symphony Orchestra Holdings Pty Ltd
(AG2012/14273)

SYDNEY SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2012-2015

Live performance industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 22 JANUARY 2013

Application for approval of the Sydney Symphony Orchestra Musicians’ Agreement 2012-2015.

[1] An application has been made for the approval of an enterprise agreement known as the Sydney Symphony Orchestra Musicians’ Agreement 2012-2015 (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] 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) 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 29 January 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

The applicant, Sydney Symphony Orchestra Holdings Pty Ltd, applied to the Fair Work Commission for approval of the Sydney Symphony Orchestra Musicians’ Agreement 2012-2015. The agreement was a collective agreement between the applicant and the Musicians Union of NSW. The applicant sought the approval under the Fair Work Act 2009, as the agreement covered employees who were not part of an existing agreement and who had not previously been covered by a directly comparable agreement. The Fair Work Commission was required to determine whether the agreement was a modern award and whether it was appropriate to approve it.

The central legal issues before the Commission were whether the agreement contained all the prescribed minimum terms and conditions, and whether it was appropriate to approve the agreement given the absence of a directly comparable agreement and the fact that the agreement covered employees who had not previously been covered by an agreement. The Commission noted that the agreement contained all the prescribed minimum terms and conditions and that it was appropriate to approve the agreement as it provided for a fair and reasonable outcome for both parties. The Commission also noted that the agreement provided for a transparent and efficient method of resolving disputes between the parties.

In approving the agreement, the Commission noted that it was important to provide certainty and stability to the employees and the applicant. The Commission found that the agreement was a modern award and that it was appropriate to approve it. The Commission noted that the agreement provided for a fair and reasonable outcome for both parties, and that it provided for a transparent and efficient method of resolving disputes between the parties. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The applicant was ordered to implement the agreement and to provide a copy of the approved agreement to the Musicians Union of NSW.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established