Application for approval of the Melbourne Symphony Orchestra Musicians Agreement 2024.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Symphony Orchestra Musicians Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Melbourne Symphony Orchestra T/A MSO (the Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

[4] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Summary Dismissal: Clause 10.1(c) of the Agreement specifies that the Company may dismiss an employee without notice for negligence. Section 117 of the Act requires notice of termination to be provided to employees. Section 123(1) of the Act states that where an employee is terminated because of serious misconduct, then s.117 of the Act does not apply. There is no exclusion for negligence under s.123 of the Act.

[5] However, noting clause 5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES:

[6] The Media, Entertainment and Arts Alliance being a bargaining representative for the Agreement supports the approval of the Agreement and has given 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 that the Agreement covers the organisation.

[7] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 7 November 2025. The nominal expiry date of the Agreement is 31 December 2025.

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