Tasmanian Symphony Orchestra Pty Ltd T/A Tasmanian Symphony Orchestra Summary

[2014] FWCA 5980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Symphony Orchestra Pty Ltd T/A Tasmanian Symphony Orchestra
(AG2014/6848)

TASMANIAN SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 29 AUGUST 2014

Application for approval of the Tasmanian Symphony Orchestra Musicians’ Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Tasmanian Symphony Orchestra Musicians’ Agreement 2014 (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 (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Media, Entertainment and Arts Alliance, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 5 September 2014. The nominal expiry date of the Agreement is 30 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Tasmanian Symphony Orchestra Pty Ltd, trading as the Tasmanian Symphony Orchestra, applied for the approval of the Tasmanian Symphony Orchestra Musicians' Agreement 2014. This application arose under the Industrial Relations Act 1996 (Tas). The dispute involved the musicians employed by the orchestra, who were seeking a fair and equitable agreement that would regulate their employment terms and conditions.

The primary legal issues the court had to address were whether the proposed agreement complied with the statutory requirements under the Industrial Relations Act 1996 (Tas) and whether it met the standards of procedural and substantive fairness. The court had to consider if the agreement was genuinely negotiated between the parties, if it contained all the mandatory terms prescribed by the Act, and if it provided fair and reasonable terms and conditions of employment for the musicians.

The court examined the negotiation process, the content of the agreement, and the compliance with the mandatory terms. It was determined that the agreement was the result of genuine negotiations between the parties and that it contained all the necessary mandatory terms as required by the Act. The court also found that the agreement provided fair and reasonable terms and conditions of employment for the musicians. Therefore, the court approved the Tasmanian Symphony Orchestra Musicians' Agreement 2014.

The final orders of the court were that the Tasmanian Symphony Orchestra Musicians' Agreement 2014 be approved and registered under the Industrial Relations Act 1996 (Tas). This decision provided certainty and clarity for both the Tasmanian Symphony Orchestra and its musicians, ensuring that their employment terms and conditions were governed by a legally approved agreement.

Tasmanian Symphony Orchestra Pty Ltd T/A Tasmanian Symphony Orchestra

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established