| [2025] FWCA 2072 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Sydney Symphony Orchestra Holdings Pty Ltd trading as Sydney Symphony Orchestra
(AG2025/1761)
SYDNEY SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2025-2027
| Live performance industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 25 JUNE 2025 |
Application for approval of the Sydney Symphony Orchestra Musicians’ Agreement 2025-2027
An application has been made for approval of an enterprise agreement known as the Sydney Symphony Orchestra Musicians’ Agreement 2025-2027 (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 trading as Sydney Symphony Orchestra (the Applicant). The Agreement is a single enterprise agreement.
The material filed in support of the application disclosed a discrepancy between the title of the Agreement and title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) which was issued to employees. The former refers to the years 2025-2027. The latter did not. The Applicant submitted that this difference was explained by the fact that the term of the Agreement was not known at the time the NERR was issued and was the subject of negotiations. The discrepancy is a minor technical error which, in accordance with s.188(5) of the Act, I am able to disregard where I am satisfied that employees were not likely to have been disadvantaged by the error. I am satisfied that this is the case here and will disregard the error.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representative for the agreement were sought in relation to the undertakings. The bargaining representative has indicated their acceptance of the undertakings provided. 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.
Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause A5 of the Agreement provides that where there is an inconsistency between this agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. This addresses any issues that may arise in relation to potential inconsistencies between clauses of the Agreement, including clauses J1 Annual Leave and J7 Personal/carer’s leave, and the NES.
The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 21A, Workplace delegates’ rights, in the Live Performance Award 2020 is to be taken to be a term of the Agreement.
The Media, Entertainment and Arts Alliance (MEAA) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the MEAA.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529458 PR788540>
Annexure A
- AGLC
- Sydney Symphony Orchestra Holdings Pty Ltd trading as Sydney Symphony Orchestra [2025] FWCA 2072
- Case
- [2025] FWCA 2072
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed agreement was consistent with the principles of the Fair Work Act, particularly whether it facilitated, encouraged or assisted in achieving a productive workplace relations system. The Commission had to assess whether the agreement provided for fair and reasonable terms and conditions, including remuneration and other employment conditions, for the musicians. The Commission also needed to consider whether the agreement would encourage and assist in achieving a productive workplace relations system, which includes the ability to respond to economic and other changes.
The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission determined that the agreement facilitated, encouraged and assisted in achieving a productive workplace relations system. The agreement provided for fair and reasonable terms and conditions for the musicians, including provisions for remuneration, hours of work, and other employment conditions. The Commission was satisfied that the agreement would assist in maintaining a stable and productive workplace relations system, which would benefit both the musicians and the Sydney Symphony Orchestra. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.
The Fair Work Commission approved the Sydney Symphony Orchestra Musicians’ Agreement 2025-2027, subject to modifications. The modifications were made to ensure compliance with the Fair Work Act, and the Commission was satisfied that the agreement would facilitate, encourage and assist in achieving a productive workplace relations system. The approval of the agreement was a significant step in maintaining a stable and productive workplace relations system between the Sydney Symphony Orchestra and its musicians.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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