West Australian Symphony Orchestra Orchestra Pty Ltd T/A West Australian Symphony Orchestra

Case

[2022] FWCA 4595

23 DECEMBER 2022


[2022] FWCA 4595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

West Australian Symphony Orchestra Orchestra Pty Ltd T/A West Australian Symphony Orchestra

(AG2022/5227)

West Australian Symphony Orchestra Musicians’ Agreement 2023

Live performance industry

COMMISSIONER JOHNS

MELBOURNE, 23 DECEMBER 2022

Application for approval of the West Australian Symphony Orchestra Musicians’ Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the West Australian Symphony Orchestra Musicians’ Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Australian Symphony Orchestra Orchestra Pty Ltd T/A West Australian Symphony Orchestra. The Agreement is a single enterprise agreement.

  1. 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.

  1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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