West Australian Symphony Orchestra Pty Ltd

[2013] FWCA 6380

[2013] FWCA 6380

FAIR WORK COMMISSION

DECISION

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

West Australian Symphony Orchestra Pty Ltd
(AG2013/8540)

WEST AUSTRALIAN SYMPHONY ORCHESTRA MUSICIANS' AGREEMENT 2013

Live performance industry
COMMISSIONER CLOGHAN	PERTH, 30 AUGUST 2013

Application for approval of the West Australian Symphony Orchestra Musicians' Agreement 2013.

[1] On 15 August 2013, the West Australian Symphony Orchestra Pty Ltd made application for approval of a single enterprise agreement to be known as the West Australian Symphony Orchestra Musicians' Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 31 July 2013.

[3] Having received an explanation from the Applicant, I am satisfied that, in the circumstances, it is fair to extend the period for filing the application to 15 August 2013.

[4] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[5] The Applicant has declared that in the absence of a consultation term in the Agreement, the model consultation term, as set out in Schedule 2.3 of the Fair Work Regulations 2009, is taken to be a term of the Agreement.

[6] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[7] The Media Entertainment and Arts Alliance (MEAA) has declared that the MEAA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the MAEE supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the MEAA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[8] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 6 September 2013.

[9] The nominal expiry date of this Agreement is 31 December 2015.

COMMISSIONER

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