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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the West Australian Symphony Orchestra Pty Ltd, trading as the West Australian Symphony Orchestra, which applied to the Industrial Relations Commission of Western Australia for the approval of the West Australian Symphony Orchestra Musicians’ Agreement 2020-2021. The agreement in question aimed to set out the terms and conditions of employment for the orchestra's musicians, and the application sought to have these terms recognised and enforced by the Commission.

The legal issues before the court centred on whether the proposed agreement met the statutory requirements for approval under the relevant industrial relations legislation. Specifically, the court needed to determine whether the agreement provided for fair and reasonable terms of employment, whether it adhered to the principles of good faith bargaining, and whether it complied with the procedural requirements set out in the legislation. Additionally, the court had to consider whether the agreement was in the best interests of the musicians and the broader public.

The court, after reviewing the evidence and submissions from both parties, found that the proposed agreement was fair and reasonable in its terms. The agreement had been the result of good faith negotiations between the parties, and it included provisions that adequately protected the interests of the musicians. The court was satisfied that the agreement complied with all statutory requirements and was in the best interests of the musicians and the public. Consequently, the court approved the agreement, and it was registered with the Commission.

The final orders of the court included the approval and registration of the West Australian Symphony Orchestra Musicians’ Agreement 2020-2021, with the terms of the agreement to be enforced by the Commission. The decision confirmed the legitimacy of the agreement as a binding contract between the orchestra and its musicians, ensuring that the terms set out within it would be upheld and enforceable under the relevant industrial relations legislation.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established