West Australian Symphony Orchestra Pty Ltd

[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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CaseChat Overview and Summary

In the matter of West Australian Symphony Orchestra Pty Ltd, the court was presented with an application for the approval of the West Australian Symphony Orchestra Musicians' Agreement 2013. The application was brought before the Fair Work Commission to address concerns regarding the terms and conditions of employment for musicians within the orchestra. The primary dispute centred around whether the proposed agreement was in the best interests of the musicians and aligned with the principles of the Fair Work Act 2009.

The legal issues before the court included the validity of the proposed agreement under the Fair Work Act, the fairness and reasonableness of the terms of employment, and whether the agreement provided adequate protections for the musicians. The court needed to consider whether the agreement was consistent with the broader objectives of the Act, which include promoting higher wages, better working conditions, and fair treatment for employees. Additionally, the court examined whether the agreement met the statutory requirement of being a "better off overall test" for the affected employees.

The court thoroughly reviewed the evidence presented by both parties and considered the broader context of the agreement's implications for the musicians. It determined that the proposed agreement was fair and reasonable, taking into account the specific needs and circumstances of the musicians within the orchestra. The court found that the agreement provided adequate protections and improvements for the musicians, including provisions for wages, working conditions, and dispute resolution mechanisms. The court concluded that the agreement was in the best interests of the musicians and approved it under the Fair Work Act.

In approving the West Australian Symphony Orchestra Musicians' Agreement 2013, the court made orders to formalise the agreement as a registered agreement under the Fair Work Act. This decision provided a legal framework for the terms of employment for the musicians within the orchestra, ensuring that they were protected and treated fairly under the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established