West Australian Symphony Orchestra Pty Ltd

[2020] FWCA 632

[2020] FWCA 632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

West Australian Symphony Orchestra Pty Ltd
(AG2019/5133)

WEST AUSTRALIAN SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2018-2020

Live performance industry
COMMISSIONER YILMAZ	MELBOURNE, 6 FEBRUARY 2020

Application for variation of the West Australian Symphony Orchestra Musicians’ Agreement 2018-2020.

[1] An application has been made for approval of a variation to the West Australian Symphony Orchestra Musicians’ Agreement 2018-2020 (the Agreement). The application was made by West Australian Symphony Orchestra Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary the WASO pay rates table in Appendix B – Rates, Allowances and Penalties on page 54 of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The variation was made on 12 December 2019 when a majority of the affected employees’ case a vote to approve the variation. The proposed variation was agreed to by the Media, Entertainment and Arts Alliance.

[4] I am satisfied that each of the requirements of ss.210 and 211 of the Act are relevant to this application for approval of a variation and have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 6 February 2020.

COMMISSIONER

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