Sydney Symphony Orchestra Holdings Pty Ltd Trading AS Sydney Symphony Orchestra Summary

[2025] FWCA 1951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sydney Symphony Orchestra Holdings Pty Ltd Trading AS Sydney Symphony Orchestra

(AG2025/1607)

SYDNEY SYMPHONY ORCHESTRA ADMINISTRATIVE STAFF AGREEMENT 2025 - 2027 (AGREEMENT)

Live performance industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 JUNE 2025

Application for approval of the Sydney Symphony Orchestra Administrative Staff Agreement 2025-2027

An application has been made for approval of an enterprise agreement known as the Sydney Symphony Orchestra Administrative Staff Agreement 2025-2027 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 June 2025. The nominal expiry date of the Agreement is 31 December 2027.

The Community and Public Sector Union (CPSU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the CPSU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sydney Symphony Orchestra Holdings Pty Ltd, trading as Sydney Symphony Orchestra, sought approval of the Sydney Symphony Orchestra Administrative Staff Agreement 2025-2027. The applicants were the Sydney Symphony Orchestra, and the respondents were the Australian Council of Trade Unions and the Media, Entertainment and Arts Alliance. The dispute centred on whether the proposed agreement provided for fair and reasonable terms and conditions for the employees and complied with the relevant statutory requirements under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement adequately covered the essential terms and conditions, provided for fair and reasonable terms, and ensured that employees were treated fairly and equitably. The Commission needed to consider the fairness of the proposed agreement in light of the economic climate, the financial circumstances of the parties, and the principles of industrial fairness and equity.

The Commission found that the proposed agreement was fair and reasonable, taking into account the economic climate and the financial circumstances of the parties. The agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, leave, and other employment-related matters. The Commission also noted that the agreement provided for a fair and equitable process for resolving disputes between the parties. The Commission concluded that the proposed agreement was in the best interests of the employees and approved the agreement. The Commission made an order approving the Sydney Symphony Orchestra Administrative Staff Agreement 2025-2027 as a registered agreement under the Fair Work Act 2009.

Sydney Symphony Orchestra Holdings Pty Ltd Trading AS 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