West Australian Symphony Orchestra Pty Ltd

[2022] FWCA 1246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

West Australian Symphony Orchestra Pty Ltd

(AG2022/968)

West Australian Symphony Orchestra Musicians’ Agreement 2022

Live performance industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 APRIL 2022

Application for the approval of West Australian Symphony Orchestra Musicians’ Agreement 2022

An application has been made for approval of an enterprise agreement known as the West Australian Symphony Orchestra Musicians’ Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Media, Entertainment and Arts Alliance, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 April 2022. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the West Australian Symphony Orchestra Pty Ltd (WASO) and the Musicians’ Union of Western Australia (MUWA), sought approval for the West Australian Symphony Orchestra Musicians’ Agreement 2022. The agreement sought to address the terms and conditions of employment for musicians employed by WASO. The dispute was brought before the Fair Work Commission (FWC), a tribunal with jurisdiction to approve enterprise agreements under the Fair Work Act 2009 (Cth). The legal issues before the FWC were whether the agreement was a 'genuine agreement', whether it met the 'better off overall test', and if it complied with the 'good faith' requirements.

The FWC found that the agreement was genuinely negotiated between the parties and that it contained all the required terms as per the Fair Work Act. The FWC considered that the agreement provided for a fair and reasonable compensation for the musicians and that it was consistent with the relevant award and national employment standards. The FWC noted that the agreement provided for a modest increase in wages and improved working conditions, which were significant benefits for the musicians. The FWC also found that the agreement was negotiated in good faith and that both parties had made genuine efforts to reach an agreement. The FWC approved the agreement on the basis that it met the 'better off overall test' and was a 'genuine agreement'.

The FWC approved the West Australian Symphony Orchestra Musicians’ Agreement 2022, and the order was registered with the Australian Industrial Relations Commission. The order is binding on all parties, including the musicians employed by WASO and the MUWA. The approval of the agreement ensures that the musicians employed by WASO will have improved terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established