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

[2019] FWCA 3127

[2019] FWCA 3127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Symphony Orchestra Holdings Pty Ltd T/A Sydney Symphony Orchestra
(AG2018/7019)

SYDNEY SYMPHONY ORCHESTRA MUSICIANS' AGREEMENT 2019-2021

Live performance industry
COMMISSIONER LEE	SYDNEY, 7 MAY 2019

Application for approval of the Sydney Symphony Orchestra Musicians' Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Symphony Orchestra Musicians’ Agreement 2019-2021 (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.

[2]   I note that the Notice of employee representational rights (Notice) provided to the employees is an earlier version of the Notice which has since been superseded. It also contains the details of the person who has prepared the Notice. As the Notice provided to employees contains content that is not prescribed by the Fair Work Regulations 2009, it therefore contravenes s.174 (1A) of the Act.  However, I refer to s.188 (2) of the Act and am satisfied that this error constitutes a minor technical error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of the error. 1

[3] 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.

[4] 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

 1   Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

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