DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Symphony Orchestra Holdings Pty Ltd T/A Sydney Symphony Orchestra
(AG2016/8051)

SYDNEY SYMPHONY ORCHESTRA ADMINISTRATIVE STAFF AGREEMENT 2016-2018

Live performance industry
COMMISSIONER ROE	MELBOURNE, 25 JANUARY 2017

Application for approval of the Sydney Symphony Orchestra Administrative Staff Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Symphony Orchestra Administrative Staff Agreement 2016-2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 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.

[6] The Agreement was approved on 25 January 2017 and, in accordance with s.54, will operate from 1 February 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Sydney Symphony Orchestra Holdings Pty Ltd trading as the Sydney Symphony Orchestra, sought approval for the Sydney Symphony Orchestra Administrative Staff Agreement 2016-2018. The dispute centred on the terms of the proposed agreement and whether it met the necessary criteria for approval under the relevant industrial legislation. The case was heard in the Fair Work Commission, a specialist tribunal in Australia with jurisdiction over workplace relations matters.

The central legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly in relation to the process followed to develop the agreement and its compliance with the provisions of the Act. The applicant argued that the agreement was fair and reasonable and had been developed through an appropriate process involving consultation with relevant employee representatives. The opposition contended that the process was flawed and the agreement did not meet the necessary standards for approval.

The Fair Work Commission found that the process for developing the agreement had been appropriate and in compliance with the Act. The Commission was satisfied that the applicant had engaged in good faith consultation with the relevant employee representatives and that the agreement reflected the outcomes of those consultations. The Commission also found that the agreement met the necessary criteria for approval under the Act, including in relation to the terms and conditions of employment, and approved the agreement. The opposition's objections were dismissed.

The Fair Work Commission approved the Sydney Symphony Orchestra Administrative Staff Agreement 2016-2018, finding that it met the necessary criteria for approval under the Fair Work Act 2009. The Commission rejected the opposition's objections and found that the agreement was fair and reasonable. The applicant was permitted to implement the agreement, subject to any further orders the Commission may make in relation to the dispute.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established