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austlii:cth/FWCA/2025/2024
General information, not legal advice.
FWCA
2025-06-18
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 18 June 2025.
The attached document wholly replaces the document previously issued with code [2025] FWC 1635 to correct document referencing.
s.185 - Enterprise agreement
QUEENSLAND SYMPHONY ORCHESTRA MUSICIANS' AGREEMENT 2025
Application for approval of the Queensland Symphony Orchestra Musicians' Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Queensland Symphony Orchestra Musicians' Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Symphony Orchestra Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.
[3] The Applicant has provided written undertakings. 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.
[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[5] I note that the version of the Agreement voted on by employees contained a typographical error. I have determined that it is appropriate to exercise power under s.218A of the Act to amend clause D5.1 of the Agreement from:
"A musician who works outside the limits prescribed in clause O and clause G4.10 is entitled to overtime."
"A musician who works outside the limits prescribed in clause G4.9 and clause G4.10 is entitled to overtime."
[7] Noting clause A4.4 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.
[8] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Live Performance Award 2020 is taken to be a term of the Agreement.
[9] The Media, Entertainment and Arts Alliance (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.
[10]
The Agreement is approved and will operate in accordance with s.54 of the Act.
Printed by authority of the Commonwealth Government Printer