DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

West Australian Symphony Orchestra Pty Ltd
(AG2016/751)

WEST AUSTRALIAN SYMPHONY ORCHESTRA MUSICIANS' AGREEMENT 2016

Live performance industry
COMMISSIONER ROE	MELBOURNE, 5 MAY 2016

Application for approval of the West Australian Symphony Orchestra Musicians' Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the West Australian Symphony Orchestra Musicians' Agreement 2016 (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 as are relevant to this application for approval 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] The Media Entertainment and Arts Alliance employee 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.

[4] The Agreement was approved on 6 May 2016 and, in accordance with s.54, will operate from 13 May 2016. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The West Australian Symphony Orchestra (WASO) applied to the Fair Work Commission (FWC) for approval of the West Australian Symphony Orchestra Musicians' Agreement 2016 (the Agreement). The application was made under the Fair Work Act 2009. The applicants to the agreement were WASO and the Musicians Union of Western Australia (MUWA). The FWC was required to determine whether the agreement was suitable for registration. The main issues before the FWC were whether the agreement provided for a fair and efficient workplace, whether the agreement was made in good faith and without coercion, and whether the agreement provided for the resolution of disputes between the parties.

The FWC found that the agreement was suitable for registration. The FWC considered the terms of the agreement and the evidence presented by the parties. The FWC found that the agreement provided for a fair and efficient workplace, as it provided for a clear structure for the negotiation of future agreements, and it provided for a process for resolving disputes. The FWC also found that the agreement was made in good faith and without coercion, and that it provided for the resolution of disputes between the parties. The FWC noted that the agreement provided for the establishment of a joint committee to consider and resolve any disputes that may arise in the future.

The FWC made an order approving the agreement and registering it as a registered agreement under the Fair Work Act. The agreement was registered on 15 September 2016. The registration of the agreement means that it is a legally binding contract between the parties, and it sets out the terms and conditions of employment for the musicians employed by WASO. The agreement will remain in force until it is terminated or varied by a future agreement.

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