DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Symphony Orchestra Pty Limited T/A Tasmanian Symphony Orchestra
(AG2018/5808)

TASMANIAN SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2018

Live performance industry
COMMISSIONER BISSETT	MELBOURNE, 4 MARCH 2019

Application for approval of the Tasmanian Symphony Orchestra Musicians' Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Symphony Orchestra Musicians’ Agreement 2018 (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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Tasmanian Symphony Orchestra Pty Limited, trading as the Tasmanian Symphony Orchestra, applied to the Fair Work Commission for approval of the Tasmanian Symphony Orchestra Musicians' Agreement 2018. The application was brought under the Fair Work Act 2009, seeking to resolve disputes surrounding the terms and conditions of employment for musicians within the orchestra. The dispute primarily concerned the classification, remuneration, and working conditions of the musicians, with the union representing the musicians contesting certain provisions of the proposed agreement.

The legal issues before the commission involved interpreting the provisions of the Fair Work Act and the implications of the proposed agreement on the musicians' employment rights. The commission had to determine whether the agreement provided a safety net of minimum entitlements as required by the act, and whether it met the criteria for approval under section 234 of the act. Additionally, the commission needed to assess whether the agreement was in the best interests of the musicians and whether it promoted harmonious, productive, and cooperative workplace relations.

The commission found that the proposed agreement met the statutory requirements for a safety net of minimum entitlements and was in the best interests of the musicians. The commission considered the evidence presented by both parties and the broader context of the industry. It concluded that the agreement provided fair and reasonable terms for the musicians, taking into account the economic realities faced by the orchestra. The commission approved the agreement, noting that it facilitated a balanced approach to the needs of both the musicians and the orchestra. The decision was made in the interest of promoting harmonious, productive, and cooperative workplace relations within the Tasmanian Symphony Orchestra.

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