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

[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

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

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

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

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

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.

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

Approval

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Sydney Symphony Orchestra Holdings Pty Ltd, trading as the Sydney Symphony Orchestra, and the Fair Work Commission (FWC). The dispute centred on the application for approval of the Sydney Symphony Orchestra Administrative Staff Agreement 2024. The case was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the proposed agreement met the necessary standards and requirements set forth by the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the statutory obligations under the Act. The court had to determine if the agreement was in the interests of fairness and equity for the administrative staff members employed by the Sydney Symphony Orchestra.

The court carefully examined the provisions of the proposed agreement, considering the principles of fairness and the overarching objectives of the Fair Work Act. The court found that the agreement did provide for fair and reasonable terms and conditions of employment, as it addressed key areas such as remuneration, working hours, leave entitlements, and other employment-related matters. The court also confirmed that the agreement complied with the statutory obligations and was in the interests of fairness and equity for the staff members. Consequently, the court approved the Sydney Symphony Orchestra Administrative Staff Agreement 2024.

As a result of the court's approval, the Sydney Symphony Orchestra Administrative Staff Agreement 2024 was authorised and could be implemented. This decision provided clarity and legal certainty for the administrative staff members and the employer, ensuring that their rights and obligations were governed by a fair and legally compliant agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established