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

Case •

[2024] FWCA 1256

•

8 APRIL 2024
[2024] FWCA 1256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/810)

SYDNEY SYMPHONY ORCHESTRA ADMINISTRATIVE STAFF AGREEMENT 2024

Live performance industry

DEPUTY PRESIDENT WRIGHT

SYDNEY, 8 APRIL 2024

Application for approval of the Sydney Symphony Orchestra Administrative Staff Agreement 2024

  1. Sydney Symphony Orchestra Holdings Pty Ltd T/A Sydney Symphony Orchestra (the Employer) has made an application for approval of an enterprise agreement known as the Sydney Symphony Orchestra Administrative Staff Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Model Consultation Terms

  1. The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

NES precedence term in Clause 31 of the Agreement

  1. Clause 321 does not specify an employee is entitled to payment of notice of termination in circumstances where they may have abandoned their employment. This may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 31 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

Section 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, 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.

Section 183 Bargaining Representatives

  1. The Community and Public Sector Union (CPSU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2), I note that the Agreement covers the CPSU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2024. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

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