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

[2020] FWCA 5961

[2020] FWCA 5961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Australian Symphony Orchestra Pty Ltd T/A West Australian Symphony Orchestra
(AG2020/3179)

WEST AUSTRALIAN SYMPHONY ORCHESTRA MUSICIANS’ AGREEMENT 2020 – 2021

Live performance industry
COMMISSIONER YILMAZ	MELBOURNE, 6 NOVEMBER 2020

Application for approval of the West Australian Symphony Orchestra Musicians’ Agreement 2020 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the West Australian Symphony Orchestra Musicians’ Agreement 2020 - 2021 (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 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.1.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 13 November 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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