DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Australian Symphony Orchestra Pty Ltd
(AG2018/6718)

WEST AUSTRALIAN SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2018-2020

Live performance industry
COMMISSIONER YILMAZ	MELBOURNE, 20 JUNE 2019

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

[1] An application has been made for approval of an enterprise agreement known as the West Australian Symphony Orchestra Musicians’ Agreement 2018 - 2020 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 27 June 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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CaseChat Overview and Summary

The West Australian Symphony Orchestra Pty Ltd applied to the Fair Work Commission for the approval of a new musicians’ agreement, titled the West Australian Symphony Orchestra Musicians’ Agreement 2018 - 2020. The dispute involved the terms and conditions of employment for the orchestra's musicians, including wages, working hours, and other employment-related provisions. The Fair Work Commission was tasked with ensuring the agreement met the requirements of the Fair Work Act 2009 and provided a fair and reasonable outcome for both the orchestra and its musicians.

The primary legal issues the Commission had to address were whether the agreement provided for a fair and reasonable outcome for the musicians, and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to assess whether the proposed terms and conditions were consistent with the principles of good faith bargaining, and whether they provided for adequate protections for the musicians. The Commission also had to consider whether the agreement adequately addressed any potential impacts on the musicians' health and wellbeing, given the nature of their work.

In reaching its decision, the Fair Work Commission carefully examined the proposed agreement, taking into account submissions from both the West Australian Symphony Orchestra and the musicians. The Commission noted that the agreement provided for a range of benefits and protections for the musicians, including provisions for reasonable working hours, adequate rest periods, and provisions for the protection of the musicians' health and wellbeing. The Commission was satisfied that the agreement reflected the principles of good faith bargaining and provided a fair and reasonable outcome for the musicians. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. As a result, the Fair Work Commission approved the West Australian Symphony Orchestra Musicians’ Agreement 2018 - 2020.

The Fair Work Commission's final orders approved the West Australian Symphony Orchestra Musicians’ Agreement 2018 - 2020, effective from 1 July 2018. The agreement was found to provide a fair and reasonable outcome for the musicians, and to comply with the requirements of the Fair Work Act. The musicians and the West Australian Symphony Orchestra were directed to abide by the terms of the approved agreement, which would govern their employment relationship for the specified period. The approval of the agreement was a significant step in ensuring that the musicians received fair and reasonable terms and conditions of employment, and that the orchestra could continue to operate effectively.

West Australian Symphony Orchestra Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established