DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Symphony Orchestra Pty Limited t/a Tasmanian Symphony Orchestra
(AG2015/5634)

TASMANIAN SYMPHONY ORCHESTRA STAFF AGREEMENT 2015

Tasmania
COMMISSIONER ROE	SYDNEY, 8 OCTOBER 2015

Application for approval of the Tasmania Symphony Orchestra Staff Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tasmania Symphony Orchestra Staff Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Symphony Orchestra Pty Limited t/a Tasmanian Symphony Orchestra. The Agreement is a single enterprise agreement.

[2] 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. 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.

[3] The Agreement was approved on 8 October 2015 and, in accordance with s.54, will operate from 15 October 2015. The nominal expiry date of the Agreement is 8 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Tasmanian Symphony Orchestra, sought approval of the Tasmania Symphony Orchestra Staff Agreement 2015. The application was brought under the Fair Work Act 2009, which provides for the certification and registration of certain industrial instruments, including enterprise agreements. The applicant contended that the agreement, which was negotiated with its employees, met the statutory requirements for certification and should be approved.

The court was required to determine whether the agreement complied with the legislative criteria for certification, including whether the agreement was in writing, was made by an organisation, and covered employees within the meaning of the Act. Furthermore, the court had to assess whether the agreement was made in good faith and whether it was an enterprise agreement.

The court found that the agreement met all the statutory requirements for certification. It was in writing and was made by the applicant, an organisation. The agreement covered employees who were engaged by the applicant in Tasmania, and therefore fell within the definition of the Act. The court was satisfied that the agreement was made in good faith, and that it was an enterprise agreement. The court approved the agreement, finding that it met all the legislative criteria for certification.

The court's decision was final and binding, and the agreement was approved and registered under the Act. The applicant was entitled to take such steps as were necessary to give effect to the agreement, and the employees covered by the agreement were bound by its terms. The decision of the court was a significant step forward in the negotiation of enterprise agreements between employers and employees in Tasmania, and provided clarity on the requirements for certification under the Fair Work Act.

Tasmanian Symphony Orchestra Pty Limited t/a Tasmanian 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