West Australian Symphony Orchestra Pty Ltd T/A West Australian Symphony Orchestra

[2024] FWCA 130

[2024] FWCA 130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

West Australian Symphony Orchestra Pty Ltd T/A West Australian Symphony Orchestra

(AG2023/5315)

WEST AUSTRALIAN SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2024

Live performance industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 11 JANUARY 2024

Application for approval of the West Australian Symphony Orchestra Musicians’ Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the West Australian Symphony Orchestra Musicians’ Agreement 2024 (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 T/A West Australian Symphony Orchestra (the Applicant). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 15 September 2023 and the Agreement was made on 14 December 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Media, Entertainment and Arts Alliance (the MEAA), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

1. Information provided by the Applicant indicates that employees were provided vote notification details on 7^th December 2023, with the vote held on 14^th December 2023. As such employees were not given seven full calendar days’ notice of the vote commencing, as set out in Paragraph 16(a) of the Statement of Principles on Genuine Agreement. Notwithstanding this, I am satisfied given the high voter turnout that it is appropriate for me to exercise the discretion conferred by section 188(5) of the Act to disregard this minor technical error.

2. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Media, Entertainment and Arts Alliance (the MEAA), lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the MEAA.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2024. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

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