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

[2023] FWCA 365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/13)

SYDNEY SYMPHONY ORCHESTRA ADMINISTRATIVE STAFF AGREEMENT 2022 – 2023

Live performance industry
COMMISSIONER LEE	MELBOURNE, 7 FEBRUARY 2023

Application for approval of the Sydney Symphony Orchestra Administrative Staff Agreement 2022-2023

An application has been made for approval of an enterprise agreement known as the Sydney Symphony Orchestra Administrative Staff Agreement 2022-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Symphony Orchestra Holdings Pty Ltd T/A Sydney Symphony Orchestra. The Agreement is a single enterprise agreement.

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

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.

The 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Sydney Symphony Orchestra Holdings Pty Ltd, trading as the Sydney Symphony Orchestra, and its administrative staff. The dispute centred on the proposed Sydney Symphony Orchestra Administrative Staff Agreement 2022-2023, which the employer sought to have approved under the Fair Work Act 2009. The Commission was required to assess whether the proposed agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees.

The central legal issues before the Commission were whether the proposed agreement met the statutory criteria for approval, including provisions on pay rates, conditions of employment, and whether the agreement was fair and reasonable in all its terms. The Commission also had to consider whether the agreement provided adequate protections for employees and whether it aligned with broader industrial relations objectives.

In delivering its decision, the Commission meticulously examined the proposed agreement clause by clause. It found that the agreement contained provisions that were compliant with the Fair Work Act and met the criteria for approval. The Commission determined that the proposed agreement provided a fair and reasonable balance of benefits and obligations for both the employer and the employees. The Commission highlighted that the agreement included provisions for minimum wage rates, allowances, leave entitlements, and other employment conditions that were consistent with prevailing industrial standards. The Commission concluded that the agreement was in the best interests of the employees and approved the proposed Sydney Symphony Orchestra Administrative Staff Agreement 2022-2023.

The final orders of the Commission were that the proposed agreement be approved as a registered agreement under the Fair Work Act, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the administrative staff of the Sydney Symphony Orchestra for the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established