Live Performance Award 2010

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—General Employment Conditions

10. Types of employment

11. Termination of employment

12. Redundancy

13. Classifications and minimum wages

14. General allowances

15. Accident pay

16. Higher duties

17. Payment of wages

18. Superannuation

19. Annual leave

20. Personal/carer’s leave and compassionate leave

21. Community service leave

22. Public holidays

Part 4—Performers and Company Dancers

23. Types of employment

24. Minimum wages

25. Special allowances

26. Ordinary hours of work and rostering

27. Breaks

28. Overtime and penalty rates

Part 5—Musicians

29. Types of employment

30. Minimum wages

31. Special allowances

32. Ordinary hours of work and rostering

33. Breaks

34. Overtime and penalty rates

Part 6—Striptease Artists

35. Types of employment

36. Classifications

37. Minimum wages

38. Special allowances

39. Rostering

40. Breaks

41. Overtime and penalty rates

Part 7—Production and Support Staff

42. Types of employment

43. Minimum wages

44. Special allowances

45. Ordinary hours of work and rostering

46. Breaks

47. Overtime and penalty rates

SCHEDULE A—TRANSITIONAL PROVISIONS
SCHEDULE B—CLASSIFICATIONS
SCHEDULE C—SUPPORTED WAGE SYSTEM
SCHEDULE D—SCHOOL-BASED APPRENTICES
SCHEDULE E—NATIONAL TRAINING WAGE
SCHEDULE F—2017 PART-DAY PUBLIC HOLIDAYS
SCHEDULE G—AGREEMENT TO TAKE ANNUAL LEAVE IN ADVANCE
SCHEDULE H—AGREEMENT TO CASH OUT ANNUAL LEAVE
Live Performance Award 2010

Live Performance Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 4 December 2017 (PR598110).

Clause(s) affected by the most recent variation(s):

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/276;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/8;AM2016/15;AM2016/17

Table of Contents

[Varied by PR991590,PR994459;PR532630,PR544519,PR546288,PR573679,PR583025]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—General Employment Conditions

10. Types of employment

11. Termination of employment

12. Redundancy

13. Classifications and minimum wages

14. General allowances

15. Accident pay

16. Higher duties

17. Payment of wages

18. Superannuation

19. Annual leave

20. Personal/carer’s leave and compassionate leave

21. Community service leave

22. Public holidays

Part 4—Performers and Company Dancers

23. Types of employment

24. Minimum wages

25. Special allowances

26. Ordinary hours of work and rostering

27. Breaks

28. Overtime and penalty rates

Part 5—Musicians

29. Types of employment

30. Minimum wages

31. Special allowances

32. Ordinary hours of work and rostering

33. Breaks

34. Overtime and penalty rates

Part 6—Striptease Artists

35. Types of employment

36. Classifications

37. Minimum wages

38. Special allowances

39. Rostering

40. Breaks

41. Overtime and penalty rates

Part 7—Production and Support Staff

42. Types of employment

43. Minimum wages

44. Special allowances

45. Ordinary hours of work and rostering

46. Breaks

47. Overtime and penalty rates

Schedule A—Transitional Provisions

Schedule B—Classifications

Schedule C—Supported Wage System

Schedule D—School-based Apprentices

Schedule E—National Training Wage

Schedule F—2017 Part-day Public Holidays

Schedule G—Agreement to Take Annual Leave in Advance

Schedule H—Agreement to Cash Out Annual Leave

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

1. Title

This award is the Live Performance Award 2010.

2. Commencement and transitional

[Varied by PR991590,PR542201]

2.1 This award commences on 1 January 2010.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

    ●minimum wages and piecework rates

    ●casual or part-time loadings

    ●Saturday,Sunday,public holiday,evening or other penalties

    ●shift allowances/penalties.

[2.4 varied by PR542201 ppc 04Dec13]

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542201 ppc 04Dec13]

2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.

[2.6 varied by PR542201 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

    (a) on its own initiative;or

    (b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or

    (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or

    (d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

[Varied by PR994645,PR994459,PR997772,PR503739,PR505876,PR506471,PR539129,PR546062]

3.1 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth)

[Definition of agreement-based transitional instrument inserted by PR994459 from 01Jan10]

    agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of archival and/or reference recording varied by PR505876 from 14Jan11]

    archival and/or reference recording means an audio,visual or audio-visual recording of a performance or rehearsal,which is not used for commercial sale or use or public broadcast and where:

    ●the employer and employee agree in writing to make the recording;and

    ●the employer keeps a record of all employees who participate in the recording.

    An archival and/or reference recording is one which is only made for the purposes of:

    (a) an historical record or archival reference for use by the employer,rights holders,current employees,students or historians;

    (b) a performance reference for:

      (i) a performer/company dancer where more than one performer/company dancer is cast to perform the same role;or

      (ii) for a musician to enable training and teaching;

    (c) a guide to recreate the production when it is restaged,revised or in order to remount future productions.

    An archival recording is one which must remain under the control of the owner and is not to be used for any other purpose without the written agreement of all employees who participated in the recording. The terms and conditions of the written agreement are those negotiated between the employer and employees.

    award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    broken week means a week at the commencement or termination of an employee’s employment in which less than the ordinary number of hours of work and/or performance are given.

    call means a call or direction by the employer to the employee to attend for work at a particular time or for the purposes of photography,wardrobe or other legitimate reasons

    company dancer is an employee of a dance company and who is engaged to perform as part of the company of dancers. A company dancer is able to:

    (a) demonstrate a sound dance technique;

    (b) demonstrate appropriate skills and knowledge for learning,rehearsing and performing dance roles as part of the company of dancers;

    (c) demonstrate an ability to perform in public;

    (d) demonstrate stagecraft skills;

    (e) undertake all responsibilities associated with make-up and costume as required;

    (f) demonstrate musicality as appropriate to performing as a dancer;and

    (g) interpret physically and emotionally the choreographic content of a production.

    complete percussion kit includes drum kit,timpani,xylophone,marimba,vibraphone,glockenspiel,military drum,tambour,piccolo snare drum,tenor drum,cymbals,triangle,tambourine,maracas,castanets,woodblocks,plus associated stands and fittings,sticks and beaters

    crewing services employer means an employer that provides casual staff at concert and other venues where employees undertake work that involves the transportation,setting up,operation and dismantling of sound,lighting and associated equipment but does not include employees of venues,producers,promoters or sound and/or lighting companies

    dance company means an organisation of dancers and associated personnel created to primarily perform repertory dance productions. A dance company will usually engage dancers (Company Dancers) who will undergo training and class work in addition to preparation for repertoire and other dance productions and will be subject to the direction of a resident choreographer/s and/or artistic director/s. Dancers engaged by a dance company will usually progress through a classification structure based on years of training and professional experience.

    doubling means when a musician is required to play one or more additional instruments in the same call other than the instrument for which the musician is primarily employed

[Definition of default fund employee inserted by PR546062 ppc 01Jan14]

    default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of defined benefit member inserted by PR546062 ppc 01Jan14]

    defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of Division 2B State award inserted by PR503739 ppc 01Jan11]

    Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of Division 2B State employment agreement inserted by PR503739 ppc 01Jan11]

    Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of employee substituted by PR997772 from 01Jan10]

    employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

    employer means national system employer within the meaning of the Act

    engaged by the week means being engaged for at least a week of employment

    enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of exempt public sector superannuation scheme inserted by PR546062 ppc 01Jan14]

    exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

    live performance industry means producing,including pre-production and post-production,staging,lighting,audio and audio/visual,presenting,performing,administration,programming,workshops,set and prop manufacture,or otherwise undertaking live theatrical,performance art,operatic,orchestral,dance,erotic,variety,revue,comedy,multi-media,choral,or musical performances,productions,presentations,workshops,rehearsals or concerts,including the provision,sale,service or preparation of food or drink and also including selling tickets by any means,for or in or in connection with any such performances,productions,presentations,workshops,rehearsals or concerts,and including the operation of venues or other facilities,whether permanent or temporary,utilised for such performances,productions,presentations,workshops,rehearsals or concerts are performed or presented in the presence of an audience,or are recorded by any means

[Definition of MySuper product inserted by PR546062 ppc 01Jan14]

    MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

    NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

[Definition of on-hire inserted by PR994459 from 01Jan10]

    on-hire means the on-hire of an employee by their employer to a client,where such employee works under the general guidance and instruction of the client or a representative of the client

    overdubbing means where a producer requires a Musician to play additional parts

    pantomime means a production with an appeal primarily for children presented during the school holiday period

    performance means a performance given by employees which is open to the general public on payment of an admission charge and/or for which the employer receives payment or other benefit

    performer is an employee who takes part in a performance and includes an actor,singer,dancer,musician,understudy/swing performer,puppeteer,compere,comedian or any other type of performer

[Definition of place of residence inserted by PR506471 ppc 02Mar11]

    place of residence means the place where an employee ordinarily resides

[Definition of Principal (musician) or Principal Musician inserted by PR994645 ppc 04Mar10]

    Principal (musician) or Principal Musician in any orchestra or band will mean and include:Repetiteur violin (that is,a violin sitting with the leader),principal second violin,principal viola,principal cello,principal bass,principal flute,principal piccolo,principal oboe,principal cor anglais,principal clarinet,principal E flat clarinet,principal bass clarinet,principal bassoon,principal contra bassoon,principal alto saxophone,principal tenor saxophone,principal baritone saxophone,principal and third horn,principal cornet,principal trumpet,principal and bass trombone,principal euphonium,principal tuba,principal tympani,principal percussion,principal vibracussion,principal harp,principal piano,principal organ,principal rhythm player (as appointed by the Musical Director);the first of any one or more musical instruments other than in the foregoing;where there is only one player of any one instrument in an orchestra,the player of that instrument.

[Definition of production &support staff varied by PR506471 ppc 02Mar11]

    production &support staff means employees engaged specifically as production and or support staff in a live venue or by a live producer

    repetiteur means a musician employed as a piano/keyboard instrumental player who is required to accompany performers,backstage,on stage,in a rehearsal room,or in the pit during rehearsals or auditions and to work as directed,including for any musical preparation to a production

[Definition of run on play or plays varied by PR539129 ppc 22Jul13]

    run of the play or plays means the period which in any city or cities,town or towns or states of Australia for which the employee’s services have been distinctly contracted for in writing for rehearsal of and performances in a particular production or productions and commences on the first day of the employee’s rehearsal for the production or productions and concludes on the last day or night of the presentation of the production or productions in such city,cities,town or towns or states of Australia for which the employee’s services have been contracted in writing. It will include a return season or seasons in a place in which a season has already taken place if the employee’s engagement is still continuing at the date of commencement of such return season.

    short performance means a performance of up to one hour in duration

    sound and/or lighting company means a company that services the live performance industry and engages factory and tour employees who are involved in or in connection with the supply,design,production,fabrication,construction,maintenance,installation,setting up,erection,transportation or dismantling of stages,lighting,audio or audio-visual equipment or associated componentry but does not include employees of venues,producers,promoters or crewing services employers

    specialty entertainment (musician) means entertainment provided by artists of international standing or merit,imported or otherwise,engaged as a celebrity act

    specialty entertainment (orchestral musician) means entertainment provided by artists of international standing or merit,imported or otherwise,where the artist is appearing other than in a theatrical production or concert within the scope of the opera,ballet or symphony concert repertoire,as a celebrity act (orchestral) engaged as a celebrity act

    sound balance or seating call means a call where the employee is required to rehearse for the purpose of seating,sound balancing or balancing electronic equipment

    specialty entertainment means entertainment provided by artists of international standing or merit,imported or otherwise,engaged as a celebrity act

    standard rate means the minimum wage for a Level 4 employee in clause 13Classifications and minimum wages

    suitable accommodation means a single room in a modern motel or serviced apartment accommodation with private facilities provided that where an employee is required to stay longer than one week in a single location the accommodation must contain cooking facilities,have clean linen supplied once per week and be cleaned at least once per week at the cost of the employer

    supernumerary means a person appearing only incidentally or in background,or participating only in crowd or background speech or noise,who does not speak or dance or perform individually as directed

[Definition of transitional minimum wage instrument inserted by PR994459 from 01Jan10]

    transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    upper salary limit figure will be equivalent to three times the rate prescribed in clause 13Classifications and minimum wages for a Live Performance Employee Level 7

    vocalist means a person who sings as a soloist and may be accompanied by other musicians

3.2 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.

4. Coverage

[Varied by PR994459]

4.1 This industry award covers employers throughout Australia in the live performance industry and their employees in the classifications set out in this award to the exclusion of any other modern award.

4.2 The award does not cover an employee excluded from award coverage by the Act.

4.3 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

[New 4.4,4.5 and 4.6 inserted by PR994459 from 01Jan10]

4.4 The award does not cover employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

4.5 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

4.6 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

[4.4 renumbered as 4.7 by PR994459 from 01Jan10]

4.7 Where an employer is covered by more than one award,an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

    NOTE:Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means,whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

[Varied by PR542201]

7.1 Notwithstanding any other provision of this award,an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

    (a) arrangements for when work is performed;

    (b) overtime rates;

    (c) penalty rates;

    (d) allowances;and

    (e) leave loading.

[7.2 varied by PR542201 ppc 04Dec13]

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

7.3 The agreement between the employer and the individual employee must:

    (a) be confined to a variation in the application of one or more of the terms listed in clause 7.1;and

[7.3(b) varied by PR542201 ppc 04Dec13]

    (b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

7.4 The agreement between the employer and the individual employee must also:

    (a) be in writing,name the parties to the agreement and be signed by the employer and the individual employee and,if the employee is under 18 years of age,the employee’s parent or guardian;

    (b) state each term of this award that the employer and the individual employee have agreed to vary;

    (c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

    (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment;and

    (e) state the date the agreement commences to operate.

7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures,including translation into an appropriate language,to ensure the employee understands the proposal.

7.8 The agreement may be terminated:

[7.8(a) varied by PR542201 ppc 04Dec13]

    (a) by the employer or the individual employee giving 13 weeks’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

    (b) at any time,by written agreement between the employer and the individual employee.

[Note inserted by PR542201 ppc 04Dec13]

    Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

[New 7.9 inserted by PR542201 ppc 04Dec13]

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

[7.9 renumbered as 7.10 by PR542201 ppc 04Dec13]

7.10 The right to make an agreement pursuant to this clause is in addition to,and is not intended to otherwise affect,any provision for an agreement between an employer and an individual employee contained in any other term of this award.

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

8. Consultation

[8—Consultation regarding major workplace change renamed and substituted by PR546288 ppc 01Jan14]

8.1 Consultation regarding major workplace change

    (a) Employer to notify

      (i) Where an employer has made a definite decision to introduce major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must notify the employees who may be affected by the proposed changes and their representatives,if any.

      (ii) Significant effects include termination of employment;major changes in the composition,operation or size of the employer’s workforce or in the skills required;the elimination or diminution of job opportunities,promotion opportunities or job tenure;the alteration of hours of work;the need for retraining or transfer of employees to other work or locations;and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

    (b) Employer to discuss change

      (i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause 8.1(a),the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

      (ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).

      (iii) For the purposes of such discussion,the employer must provide in writing to the employees concerned and their representatives,if any,all relevant information about the changes including the nature of the changes proposed,the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

8.2 Consultation about changes to rosters or hours of work

    (a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work,the employer must consult with the employee or employees affected and their representatives,if any,about the proposed change.

    (b) The employer must:

      (i) provide to the employee or employees affected and their representatives,if any,information about the proposed change (for example,information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

      (ii) invite the employee or employees affected and their representatives,if any,to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);and

      (iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

    (c) The requirement to consult under this clause does not apply where an employee has irregular,sporadic or unpredictable working hours.

    (d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

9. Dispute resolution

[Varied by PR542201]

9.1 In the event of a dispute about a matter under this award,or a dispute in relation to the NES,in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute,the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

[9.2 varied by PR542201 ppc 04Dec13]

9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace,and all appropriate steps under clause 9.1 have been taken,a party to the dispute may refer the dispute to the Fair Work Commission.

[9.3 varied by PR542201 ppc 04Dec13]

9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation,conciliation and consent arbitration.

[9.4 varied by PR542201 ppc 04Dec13]

9.4 Where the matter in dispute remains unresolved,the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person,organisation or association to accompany and/or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted,work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation,an employee must not unreasonably fail to comply with a direction by the employer to perform work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

Part 3—General Employment Conditions

10. Types of employment

11. Termination of employment

12. Redundancy

13. Classifications and minimum wages

14. General allowances

15. Accident pay

16. Higher duties

17. Payment of wages

18. Superannuation

19. Annual leave

20. Personal/carer’s leave and compassionate leave

21. Community service leave

22. Public holidays

10. Types of employment

10.1 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time,part-time,weekly or casual.

10.2 Full-time employment

    Except as provided in clause 29.2:

    (a) A full-time employee is an employee who is engaged to work 38 hours per week.

    (b) A full-time employee must be provided with a written statement setting out their classification,applicable pay scale and terms of engagement.

    (c) At the time of engagement the employer and the full-time employee will agree in writing on the arrangement of work,specifying at least the hours worked each day,which days of the week the employee will work and the actual starting and finishing times each day.

    (d) Any agreed variation to the arrangement of work will be recorded in writing.

10.3 Part-time employment

    (a) A part-time employee is an employee who is engaged to perform less than the full-time hours;has reasonably predictable hours of work;and receives,on a pro rata basis,equivalent pay and conditions to those of full-time employees who do the same kind of work.

    (b) An employee who does not meet the definition of a part-time employee in clause 10.3(a) and who is not a full-time employee will be paid as a casual employee in accordance with clause 10.4.

    (c) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work,specifying at least the hours worked each day,which days of the week the employee will work,and the actual starting and finishing times each day. A copy of the agreement must be provided to the employee.

    (d) Changes in hours may only be made by agreement in writing between the employer and employee. Any agreed variation to the regular pattern of work will be recorded in writing and a copy given to the employee.

    (e) An employer is required to roster a part-time employee for a minimum of four hours on any shift.

    (f) All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

    (g) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

10.4 Casual employment

    (a) A casual employee is an employee engaged as such and paid by the hour. An employer when engaging a casual must inform the employee that they are employed as a casual,stating by whom the employee is employed,their hours of work,their classification level and their rate of pay.

    (b) A casual will be paid both the actual hourly rate paid to a full-time employee and an additional 25% of the ordinary hourly rate for a full-time employee.

    (c) The casual loading is paid instead of annual leave,paid personal/carer’s leave,notice of termination,redundancy benefits and the other attributes of full-time or part-time employment.

    (d) Casual employees must be paid at the termination of each engagement,but may agree to be paid weekly or fortnightly.

    (e) On each occasion a casual employee is required to attend for work they are entitled to a minimum payment of three hours at the appropriate rate.

10.5 Weekly employment

    A weekly employee is an employee who is engaged and paid by the week.

11. Termination of employment

11.1 Notice of termination is provided for in the NES.

11.2 Notice of termination by an employee

    The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

11.3 Job search entitlement

    Where an employer has given notice of termination to an employee,an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

11.4 Special notice required for performers and company dancers

    (a) Except in the case of an employee engaged for a run or a casual,a minimum of two weeks’notice of termination is required.

    (b) In the case of an employee engaged for the run of the play or plays,the employer must give the employee not less than three weeks’notice in writing of the conclusion of the tour,season or run except in a case where the tour,season or run has occupied five weeks or less at the time of the giving of the notice when the period of the notice will be not less than two weeks.

    (c) If the employee has been employed by the employer for a consecutive period of 14 months from the date of the employee’s opening performance,the engagement may be terminated by either party giving four weeks’notice of such termination in writing to the other party. Such notice must not be given so as to take effect while the company in which the employee is performing is in New Zealand,Tasmania,Perth or Newcastle or is in direct transit between any such places.

    (d) Failure to produce or present production

      If the employer fails to produce or present the production for which the employee is definitely engaged or if the run of the play for which the employee is definitely engaged is less than four weeks,the employer will pay to the employee in satisfaction of all claims,excepting claims in relation to any money due to the employee for travel and rehearsal,a sum of money not less than four weeks wages at the employee’s prescribed rate of pay unless the engagement of the employee was originally for a lesser period than four weeks,in which case the employer will pay to the employee in satisfaction of all claims,excepting claims in relation to any money due for travel and rehearsal,a sum of money equivalent to the wages for that period of engagement.

    (e) Employee no longer required for specific part

      Should the employer deem it necessary or desirable that the employee should not play the part for which they were engaged,the employer may during the rehearsal period or within two weeks from the date on which the employee has first played the said part and notwithstanding anything hereinafter contained,either give the employee notice in writing terminating their engagement and replace the employee in that part within three weeks from the date on which the said notice is given,or where possible,employ them in an alternative role.

12. Redundancy

[Varied by PR994459,PR503739,PR561478]

12.1 Redundancy pay is provided for in the NES.

12.2 Transfer to lower paid duties

    Where an employee is transferred to lower paid duties by reason of redundancy,the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may,at the employer’s option,make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

12.3 Employee leaving during notice period

    An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice,but is not entitled to payment instead of notice.

12.4 Job search entitlement

    (a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

    (b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment,the employee must,at the request of the employer,produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

    (c) This entitlement applies instead of clause 11.3.

12.5 Transitional provisions –NAPSA employees

[12.5 varied by PR994459;renamed by PR503739;deleted by PR561478 ppc 05Mar15]

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503739;deleted by PR561478 ppc 05Mar15]

13. Classifications and minimum wages

[Varied by PR997986,PR506471,PR509112,PR522943,PR536746,PR551669,PR566759,PR579862,PR592181,PR593857]

13.1 The classifications in which employees may be employed are set out in Schedule B—Classifications.

13.2 Minimum wages

[13.2 substituted by PR997986 ppc 01Jul10;varied by PR506471 ppc 02Mar11;PR509112,PR522943,PR536746,PR551669,PR566759,PR579862, PR592181 ppc 01Jul17]

    Live Performance Employee

    Category

    Weekly rate

      

    $

    Level 1

    Production and Support Staff Level 1
    (Induction/ Training)

    694.90

    Level 2

    Production and Support Staff Level 2

    755.60

    Level 3

    Production and Support Staff Level 3

    793.80

    Level 4

    Production and Support Staff Level 4

    809.10

    Level 5

    Production and Support Staff Level 5

    834.30

    Level 6

    Production and Support Staff Level 6

    859.80

    Level 7

    Company Dancer Level 1,Performer Category 1 Grade 1

    882.80

    Level 8

    Company Dancer Level 2,Production and Support Staff Level 7

    914.90

    Level 9

    Musician,Performer Category 1 Grade 2,Performer Category 2

    927.50

    Level 10

    Company Dancer Level 3,Production and Support Staff Level 8

    946.40

    Level 11

    Company Dancer Level 4,Musician required to accompany artists,Opera Principal

    976.40

    Level 12

    Company Dancer Level 5

    1009.20

    Level 13

    Company Dancer Level 6,Technical Manager

    1045.80

    Level 14

    Company Dancer Level 7,Principal Musician,Vocalist

    1089.40

    Level 15

    Conductor-Leader

    1181.90

[13.3 varied by PR506471 ppc 02Mar11]

13.3 Further minimum wages for Performers and Company Dancers and Striptease Artists are set out in clauses 24 and 37 respectively.

13.4 National training wage

[13.4 inserted by PR593857 ppc 01Jul17]

    (a) Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

    (b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2017. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Live Performance Award 2010 and not the Miscellaneous Award 2010.

14. General allowances

To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.

[Varied by PR998089,PR509233,PR523063,PR536866,PR551789,PR566890,PR579585,PR592337]

14.1 Reimbursement of expenses

    Where an employer authorises an employee to incur expenses in the course of the employee’s employment,the expense will be reimbursed by the employer upon provision by the employee of a tax invoice and receipt.

14.2 Use of vehicle allowance

[14.2 varied by PR523063,PR536866,PR551789 ppc 01Jul14]

    Where an employer requests an employee to use their own motor vehicle in the performance of their duties,such employee will be paid an allowance of $0.78 per kilometre.

14.3 Late night transport

    Where an employee is detained at work until it is too late to travel home by the last train,tram or other regular public conveyance,the employer will provide proper conveyance to the employee’s home for the employee so detained.

14.4 Laundry allowance

[14.4 varied by PR998089,PR509233,PR523063,PR536866,PR551789,PR566890,PR579585,PR592337 ppc 01Jul17]

    Where an employee is employed weekly or full-time,an allowance of $3.53 per week for blouses and shirts and $9.19 per week for other garments will be paid where uniforms are not laundered by the employer. For employees other than weekly and full-time employees,a laundry allowance of $2.84 per day will be paid up to a maximum of $12.79 per week.

14.5 Travel allowances

    (a) Travel

      An employee required by the employer to travel away from their place of residence will be reimbursed up to the actual cost of an economy class fare or equivalent to their destination. This provision will not apply where the employer provides and arranges transport.

    (b) Travel to and from airports

[14.5(b) varied by PR523063,PR536866,PR551789 ppc 01Jul14]

      An employee required to travel to or from an airport will be reimbursed the cost of such transport to a maximum of $39.51 provided that such reimbursement is not payable where the employer provides such transport.

    (c) Accommodation

[14.5(c)(i) varied by PR998089,PR523063,PR536866,PR551789,PR566890 ppc 01Jul15]

      (i) Where the employee does not accept employer provided accommodation,the employee will be paid an allowance of $122.19 per night up to a maximum of $611.01 per week.

[14.5(c)(ii) varied by PR998089,PR523063,PR536866,PR551789,PR566890 ppc 01Jul15]

      (ii) Where the employer does not provide accommodation the employee will be reimbursed the cost of such accommodation up to the maximum weekly limits as follows:

      Destination

      Weekly amount

       

      $

      Sydney and Melbourne

      1223.00

      Adelaide,Hobart,Perth and Brisbane

      863.13

      Canberra

      1051.00

      Other places

      804.59

      (iii) Where an employer and an employee agree in writing,shared accommodation may be provided by the employer. The employer will retain a copy of any such agreement.

    (d) Meals while travelling

[14.5(d) varied by PR998089,PR509233,PR523063,PR536866,PR551789,PR566890,PR579585,PR592337 ppc 01Jul17]

      An employee required to travel must be paid an allowance of $55.53 per day to a maximum of $277.58 per week.

    (e) Incidentals allowance while travelling

[14.5(e) varied by PR998089,PR523063,PR536866,PR551789,PR566890 ppc 01Jul15]

      An employee required to travel must be paid an allowance for incidentals of $15.13 per day to a maximum of $75.77 per week.

    (f) Eligibility

      (i) The provisions of clauses 14.5(c),(d) and (e) will not apply:

        ●with respect to an employee who is engaged to work at a single location away from their place of residence for a specific period of 12 months or more;or

        ●where an employee is engaged for a local show.

      (ii) The provisions in this clause will be applicable as though the place of residence of the employee had been correctly stated,where an employer:

        ●avoids or seeks to avoid the operation of this clause by inducing any employee or prospective employee to misrepresent their place of residence;or

        ●engages an employee where they know that the place of residence of an employee or prospective employees has been misrepresented.

    (g) Transportation of luggage and instruments

      (i) The employer will reimburse an employee for the transportation of an employee’s luggage when travelling up to a maximum weight of 40 kilograms and any bulky instrument required for employment.

      (ii) The employer will reimburse the employee for the cost of insurance of the employee’s luggage and instruments for loss,theft or damage when travelling.

      (iii) Provided that such reimbursement will not be payable where the employer provides transport of luggage and instruments.

14.6 Adjustment of expense related allowances

    (a) At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

    (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Meal allowances

    Take away and fast foods sub-group

    Laundry allowance

    All groups

    Accommodation allowance

    Domestic holiday travel and accommodation sub-group

    Incidentals allowance

    Domestic holiday travel and accommodation sub-group

    Vehicle allowance

    Private motoring sub-group

   

15. Accident pay

[Varied by PR994459,PR503739;deleted by PR561478 ppc 05Mar15]

16. Higher duties

16.1 An employee who is required to do work for which a higher rate is payable than that provided for in their ordinary duties must,if such work exceeds a total of four hours on any day,be paid at the higher rate for all work done on such day.

16.2 In all other cases the employee must be paid the higher rate for the actual time worked.

17. Payment of wages

17.1 Wages will be paid weekly or fortnightly according to the actual hours worked for each week or fortnight.

17.2 Casual employees will be paid within 15 minutes of the conclusion of the employee’s work but may agree to be paid weekly or fortnightly.

18. Superannuation

[Varied by PR994459,PR530237,PR546062]

18.1 Superannuation legislation

    (a) Superannuation legislation,including the Superannuation Guarantee (Administration) Act 1992 (Cth),the Superannuation Guarantee Charge Act 1992 (Cth),the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund,any superannuation fund nominated in the award covering the employee applies.

    (b) The rights and obligations in these clauses supplement those in superannuation legislation.

18.2 Employer contributions

    An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

18.3 Despite the provisions of clause 18.1(a),an employer must also make superannuation contributions to a superannuation fund on behalf of a performer younger than 18 years of age as if the performer were 18 (excluding extras,doubles and stand-ins) if:

    (a) the juvenile is engaged on a 12 week contract or longer;

    (b) the juvenile has been employed in the entertainment industry for a minimum of six professional engagements;or

    (c) the juvenile has been employed in the entertainment industry for a minimum of 30 days.

18.4 Voluntary employee contributions

    (a) Subject to the governing rules of the relevant superannuation fund,an employee may,in writing,authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 18.2.

    (b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’written notice to their employer.

    (c) The employer must pay the amount authorised under clauses 18.4(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.4(a) or (b) was made.

18.5 Superannuation fund

[18.5 varied by PR994459 from 01Jan10]

    Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.4(a) or (b) to one of the following superannuation funds or its successor:

    (a) Media Super;

    (b) AustralianSuper;

[18.5(c) substituted by PR530237 ppc 26Oct12]

    (c) CareSuper;

    (d) Sunsuper;

    (e) HOSTPLUS;

    (f) Tasplan;

[18.5(g) varied by PR546062 ppc 01Jan14]

    (g) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008,provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector scheme;or

[18.5(h) inserted by PR546062 ppc 01Jan14]

    (h) a superannuation fund or scheme which the employee is a defined benefit member of.

19. Annual leave

[Varied by PR568685,PR583025]

19.1 Annual leave is provided for in the NES.

19.2 Annual leave in advance

[19.2 substituted by PR568685;renamed and substituted by PR583025 ppc 29Jul16]

    (a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

    (b) An agreement must:

      (i) state the amount of leave to be taken in advance and the date on which leave is to commence;and

      (ii) be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

      Note:An example of the type of agreement required by clause 19.2 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

    (c) The employer must keep a copy of any agreement under clause 19.2 as an employee record.

    (d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 19.2,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

19.3 Annual leave loading

    (a) Each weekly employee before going on any period of annual leave will for each week of such leave be paid a loading at the rate of 17.5% of the ordinary weekly wage prescribed for such employees. Such loading will be in addition to the amount paid to the employee under this clause.

    (b) No loading is payable to an employee who takes annual leave wholly or partly in advance;provided that,if the employment of such an employee continues until the day when they would have become entitled to annual leave,the loading then becomes payable in respect of the period of such leave and is to be calculated by applying the ordinary rate of pay applicable on that day.

    (c) No loading is payable for periods of service of less than 12 months.

19.4 When the employment of an employee is terminated by their employer for a cause other than misconduct,and at the time of the termination the employee has not taken the whole of the annual leave to which they became entitled,they must be paid the loading for the period of leave not taken.

19.5 Electronic funds transfer (EFT) payment of annual leave

[19.5 inserted by PR583025 ppc 29Jul16]

    Despite anything else in this clause,an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

19.6 Cashing out of annual leave

[19.6 inserted by PR583025 ppc 29Jul16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 19.6.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 19.6.

    (c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

    (d) An agreement under clause 19.6 must state:

      (i) the amount of leave to be cashed out and the payment to be made to the employee for it;and

      (ii) the date on which the payment is to be made.

    (e) An agreement under clause 19.6 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

    (f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

    (g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

    (h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

    (i) The employer must keep a copy of any agreement under clause 19.6 as an employee record.

    Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 19.6.

    Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.6.

    Note 3:An example of the type of agreement required by clause 19.6 is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H.

19.7 Excessive leave accruals:general provision

[19.7 inserted by PR583025 ppc 29Jul16]

    Note:Clauses 19.7 to 19.9 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

    (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave.

    (b) If an employee has an excessive leave accrual,the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

    (c) Clause 19.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

    (d) Clause 19.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

19.8 Excessive leave accruals:direction by employer that leave be taken

[19.8 inserted by PR583025 ppc 29Jul16]

    (a) If an employer has genuinely tried to reach agreement with an employee under clause 19.7(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

    (b) However,a direction by the employer under paragraph (a):

      (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 19.7,19.8 or 19.9 or otherwise agreed by the employer and employee) are taken into account;and

      (ii) must not require the employee to take any period of paid annual leave of less than one week;and

      (iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and

      (iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

    (c) The employee must take paid annual leave in accordance with a direction under paragraph (a) that is in effect.

    (d) An employee to whom a direction has been given under paragraph (a) may request to take a period of paid annual leave as if the direction had not been given.

    Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 19.8(b)(i).

    Note 2:Under section 88(2) of the Fair Work Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

19.9 Excessive leave accruals:request by employee for leave

[19.9 inserted by PR583025;substituted by PR583025 ppc 29Jul17]

    (a) If an employee has genuinely tried to reach agreement with an employer under clause 19.7(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

    (b) However,an employee may only give a notice to the employer under paragraph (a) if:

      (i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice;and

      (ii) the employee has not been given a direction under clause 19.8(a) that,when any other paid annual leave arrangements (whether made under clause 19.7,19.8 or 19.9 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

    (c) A notice given by an employee under paragraph (a) must not:

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 19.7,19.8 or 19.9 or otherwise agreed by the employer and employee) are taken into account;or

      (ii) provide for the employee to take any period of paid annual leave of less than one week;or

      (iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the notice is given;or

      (iv) be inconsistent with any leave arrangement agreed by the employer and employee.

    (d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave in any period of 12 months.

    (e) The employer must grant paid annual leave requested by a notice under paragraph (a).

20. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

21. Community service leave

Community service leave is provided for in the NES.

22. Public holidays

[Varied by PR506471]

22.1 Public holidays are provided for in the NES.

22.2 An employee whose rostered time off falls on a public holiday as provided for in this clause will be allowed an additional day off at a time to be agreed between the employer and the employee,or be paid an additional day’s pay instead within seven days of the holiday.

22.3 An employee engaged by the week as a performer or a company dancer

    (a) For work on Good Friday,Christmas Day and Labour Day or its equivalent in any State or Territory,or on any day substituted for any of those holidays,the employee will be entitled to payment of an amount equivalent to 25% of the employee’s weekly wage in addition to the employee’s weekly wage for the week.

    (b) For work on other public holidays the employee will be entitled to payment of an amount equivalent to 16.7% of the employee’s weekly wage in addition to the employee’s weekly wage for the week.

    (c) In the event that work is not performed on a public holiday such day will be regarded for the purposes of clause 26.4 and all other purposes under this award as a day on which had occurred one of the eight or two of the 12 performances per week provided for in clause 26.4 as the case may be.

    (d) A performer required to travel on a public holiday or any other day on which the employee would otherwise be rostered off work,will,unless paid according to the provisions of this clause for work on that day,be entitled to payment of an amount equivalent to 8.3% of the employee’s weekly wage in addition to the employee’s weekly wage for the week.

    (e) If a company dancer is required by the employer to travel on a public holiday,the employee will be given a day off in the following week,provided that if a day off instead is not provided,the employee will be paid 8.3% of the weekly wage in addition to the wage for the week for travel of up to three hours duration,and 1/38th of the weekly wage for each half hour or part thereof for travel in excess of three hours.

    (f) A performer whose rostered time off falls on a public holiday as provided for in this clause will be allowed an additional day off at a time to be agreed between the employer and the employee,or be paid an additional day’s pay instead within seven days of the holiday.

    (g) Employees engaged as casuals will be entitled to payment for work on public holidays of double the performance rate per performance or double the hourly rate for rehearsals with a minimum payment as for four consecutive hours.

22.4 All work done by a musician on a public holiday must be paid for at double ordinary time rates. This condition applies to full-time,part-time and casual employees.

22.5 Production and Support staff

[22.5 renamed by PR506471 ppc 02Mar11]

    (a) All employees who work on a public holiday,whether part of an ordinary roster or work cycle or not,will be paid at the rate of double time,with a minimum payment as for four hours.

    (b) An employer and their employees may agree to substitute another day for any prescribed by the NES. For this purpose,the consent of the majority of affected employees will constitute agreement. An agreement will be recorded in writing and be available to every affected employee.

Part 4—Performers and Company Dancers

23. Types of employment

24. Minimum wages

25. Special allowances

26. Ordinary hours of work and rostering

27. Breaks

28. Overtime and penalty rates

23. Types of employment

23.1 An employee may be engaged:

    (a) weekly for the run of the play or plays;

    (b) on an ongoing weekly basis;

    (c) on a weekly part-time basis;or

    (d) as a casual.

23.2 Engagement by the week

    To become entitled to be treated as being engaged by the week,employees will perform such work as is agreed upon in writing or,in the event that no such agreement has been entered into,such work as the employer will from time to time require on the days and during the hours usually worked by the class of employees affected.

23.3 Contract of engagement

    An employee may only be engaged for a run of the play if such engagement is confirmed in writing.

24. Minimum wages

[Varied by PR997986,PR506471,PR509112,PR522943,PR536746,PR539129,PR551669,PR566759,PR579862,PR592181 ]

24.1 Minimum wages for Performers and Company Dancers are set out in clause 13Classifications and minimum wages.

24.2 Classification descriptors are set out in Schedule B—Classifications.

24.3 Performers engaged in school tours are to be paid the minimum rates set out as follows:

    (a) Rehearsals—the performer rate as set out in clause 13.

    (b) Performances —the performer rate as set out in clause 13 plus 10%.

24.4 Weekly part-time employees (supernumeraries)

[24.4(a) varied by PR997986,PR509112,PR522943,PR536746,PR551669,PR566759,PR579862,PR592181 ppc 01Jul17]

    (a) Supernumeraries engaged by the week will be paid an hourly rate of $25.84 or a weekly part-time rate of $491.00 for up to 19 hours work.

[24.4(b) varied by PR539129 ppc 22Jul13]

    (b) Supernumeraries on tour will be paid the Performer Category 1 Grade 1 rate of pay together with the applicable allowances as prescribed by clause 14.5Travel allowances.

24.5 Casuals

[24.5 deleted by PR506471 ppc 02Mar11]

24.5 Juveniles

[New 24.5 inserted by PR506471 ppc 02Mar11]

    (a) 14 years of age and under

[24.5(a)(i) varied by PR539129 ppc 22Jul13]

      (i) Not on tour—45% of the total minimum weekly rate for a Performer Category 1,Grade 1 or Grade 2.

      (ii) On tour—applicable adult rate.

    (b) Over 14 years of age and under 16 years of age

[24.5(b)(i) varied by PR539129 ppc 22Jul13]

      (i) Not on tour—55% of the total minimum weekly rate for a Performer Category 1,Grade 1 or Grade 2.

      (ii) On tour—applicable adult rate.

24.6 Casuals

[24.6 renamed and substituted by PR506471 ppc 02Mar11]

    (a) Performance

      Casual employees who are aged 16 years or over will for each performance be paid 16.7% of the appropriate per week adult rate,plus 25%. The maximum length of such of performance will be three hours (2.5 hours for Company Dancers) exclusive of any making up or taking off.

    (b) Rehearsals

      (i) An employee aged 16 years or over who is required by the employer to rehearse will be paid at the rate set out below for one hour (minimum) and over one hour at the rate set out below per half hour or part thereof:

      (ii) Provided however that if the employee desires to leave the rehearsal before the completion of one hour’s rehearsal,payment will be at the rate set out below per half hour or part thereof for the time actually worked:

    (c) Casual employees on tour

      Casual employees on tour will be paid the applicable allowances in clause 14.5Travel allowances of this award.

    (d) Supernumeraries

      Casual supernumeraries will be paid as set out below per hour with a minimum call for performance of three hours and for rehearsals of two hours:

    (e) Cancellation of engagement

      If an engagement that has been made is cancelled by the employer at a time which is less than 10 days prior to the date of the performance for which the employee was engaged,the employee will receive payment in full. If an open air performance is postponed because of rain the employee will receive half the fee if such an employee is re-engaged for subsequent presentation not later than three weeks after the date of the postponement,otherwise the employee will receive full payment.

24.7 Auditions

[24.11 renumbered as 24.7 and substituted by PR506471 ppc 02Mar11]

    If the number of auditions requested by an employer exceeds three in a 28 day period,the potential employee will be paid for each audition at the casual rate as prescribed in clause 24.6(b) of this award.

24.8 Special provisions for Company Dancers

[24.12 varied by PR997986;renumbered as 24.8 and substituted by PR506471 ppc 02Mar11]

    (a) Training level

      (i) Engagement of dancers at the training level will be subject to agreement between the employer concerned and the prospective employee. Such agreement will include all aspects of the traineeship including the wage to apply. In reaching agreement on specific traineeships it is envisaged that the standard principles applying to traineeships will apply.

[24.8(a)(ii) varied by PR509112,PR522943,PR536746,PR551669,PR566759,PR579862,PR592181 ppc 01Jul17]

      (ii) An employee engaged at the Training Level will be paid in the range of $679.30 to $796.90 per week.

      (iii) Provided that Company Dancer who is aged less than 16 years and who is engaged as a full-time member of the company will be paid no less than the relevant adult minimum wage.

    (b) Auditions

      An employee required to participate on an audition panel must be paid for their participation at the appropriate call rate.

25. Special allowances

[Varied by PR994459,PR998089,PR506471]

25.1 Wardrobe and make-up

    (a) The employer will reimburse employees for the cost of:

      (i) special body make-up other than facial make-up if required by the employer;

      (ii) make-up for supernumeraries;and

      (iii) shoes of suitable physical requirement as required by a performance.

      Provided that where the employer provides special body make-up,make-up for supernumeraries or required shoes,such reimbursement will not apply.

    (b) An employee required by the employer to provide any suit,frock,costume,stockings,leotards and fleshings,wigs and appurtenances and haberdashery or other article,not in the employee’s possession will be reimbursed their actual cost. Provided that where these articles are already in the employee’s possession,the employer will pay the employee an allowance of $8.20 per week for each suit,frock,costume,stockings,leotards and fleshings,wigs and appurtenances and haberdashery or other article supplied by that employee with a minimum payment of $10.50 per week plus a sum of $4.15 per week for each pair of shoes,where such articles are required by the employer to be used in performance or rehearsal.

25.2 Nude allowance

    An employee who agrees to appear nude or semi-nude will be paid no less than an additional 2.75% of the standard rate per week.

25.3 Assistant Stage Manager

    An employee who as part of their duties is required by the employer to act as an Assistant Stage Manager will be paid 5.4% of the standard rate per week in addition to the applicable weekly.

25.4 Driver

    An employee who is required to perform work as driver or a person in charge whilst on tour will be paid not less than 7% of the standard rate per week in addition to the per week rate.

[25.5 deleted by PR506471 ppc 02Mar11]

25.5 Special attendances—other than television or radio

[25.6 renumbered as 25.5 and varied by PR506471 ppc 02Mar11]

    (a) Attendance prior to commencement of employment

      (i) A prospective employee may be required by the employer for the purposes of wardrobe,fitting,publicity,public relations,still photography or any matter connected with an employer’s business (except radio or television appearances and/or interviews),to attend at the employer’s place of business,a still photographic studio or in another location agreed between the employer and the prospective employee.

      (ii) The employer will pay the prospective employee for the time of such attendance,including travel time,pro rata at the casual rehearsal rate prescribed by clause 24.6—Casuals of this award,with a minimum payment for three hours.

      (iii) The employer will pay the prospective employee for the cost of travel to any venue or location. Such attendance will be within the ordinary hours of work prescribed in clause 26Ordinary hours of work and rostering.

    (b) Attendance during period of employment

      (i) If,for the purpose of wardrobe,fitting,publicity,public relations,still photography or any other matter connected with the employer’s business the employer directs an employee to attend for that purpose,the time of such attendance will be counted as time worked with a minimum time to be credited to an employee of two hours for each attendance. However,should such a special attendance be required before,during or after a rehearsal or performance call,the time so spent will be counted as time worked.

25.6 Making of an advertisement—television or radio

[25.7 renumbered as 25.6 by PR506471 ppc 02Mar11]

    Where a segment of a production in which an employee is performing is filmed or otherwise recorded for publicity purposes and is made up to an advertisement for the production for the purposes of being transmitted by television or radio as paid advertisement the employee will be paid 4.9% of the standard rate per hour with a minimum payment as for four hours.

25.7 Recording of a live production

[25.8 renumbered as 25.7 by PR506471 ppc 02Mar11]

    (a) Engagement under the terms of this award is for live performance. Except as provided for in clause 25.6,recording of a live production will be subject to the following:

      (i) the terms and conditions for a recording of a live production will be agreed between the employer and the employee and such agreement will be made in writing prior to the commencement of such recording;and

      (ii) reasonable written notice by the employer of the intention to record a live production in accordance with this clause will be given prior to the proposed recording to employees.

25.8 Special allowances applicable to Performers

[25.9 renumbered as 25.8 by PR506471 ppc 02Mar11]

    (a) Understudy allowances

      (i) The following definitions apply:

        star role is a role where the salary of the employee concerned exceeds the upper salary limit figure prescribed in clause 3Definitions and interpretation

        leading role is a role where the salary of the employee concerned exceeds double the Performer Category 1 Grade 1 rate prescribed in Level 7 of clause 13Classifications and minimum wages but is less than the upper salary limit figure as set out in the preceding provision

        supporting role is a role where the employee is required to speak more than 40 words or sing solo more than 40 bars of music in the aggregate,or dance solo more than 40 bars of music in the aggregate. A supporting role includes a situation where an employee performs such a role as part of a duo,trio or quartet.

        minor supporting role is a role of lesser requirements than those that apply for a supporting role

        swing performer is an employee who is engaged to understudy multiple roles in a production and who does not normally appear costumed on stage before an audience during the performance

      (ii) Weekly allowance

        If an employee is required by the employer to act as understudy,the employee will be paid an additional amount for each part as follows:

      Part understudied

      % of standard rate
      per week

      Star role

      6.78

      Leading role

      4.84

      Supporting role

      2.91

      Minor supporting role

      2.32

      (iii) Per performance allowance

        If an employee is required to perform in a part in which they are acting as understudy,the employee will be paid an additional amount per performance as follows:

      Part performed

      % of standard rate
      per performance

      Star role

      14.54

      Leading role

      9.68

      Supporting role

      5.82

      Minor supporting role

      4.64

      (iv) Agreement may be reached between a swing performer and the employer that the employee can appear costumed on stage once during the performance for the duration of one musical number. Such appearance will not exceed 10 minutes duration.

    (b) Dance Captain allowance

[25.9(b) varied by PR994459 from 01Jan10]

      A member of the ensemble of performers who acts as Dance Captain or who under the direction of the employer or the employer’s representative supervises the work of the ensemble of performers will be paid not less than 5.18% of the standard rate per week in addition to the per week rate.

25.9 Special allowances applicable to Company Dancers

[25.10 renumbered as 25.9 by PR506471 ppc 02Mar11]

    (a) Shoe allowance

    The employer will reimburse employees the cost of:

      (i) pointe shoes as required;

      (ii) at least eight pairs of flat ballet shoes per year;and

      (iii) appropriate footwear for use on non-dance surfaces where a work is specifically choreographed for such a surface.

      Provided that where the employer provides the above shoes/footwear,such reimbursement will not apply.

    (b) Deputy Ballet Master/Mistress

      (i) A member of the company of dancers who acts on a regular basis as Deputy Ballet Master/Mistress and who,under the direction of the Artistic Director,supervises classes and performs other related additional duties,will be paid not less than 12.19% of the standard rate per week in addition to the per week rate.

      (ii) A member of the company of dancers who,on the direction of the Artistic Director supervises classes on an irregular basis will be paid a fee of not less than 6.09% of the standard rate per class in addition to the per week rate.

25.10 Adjustment of expense related allowances

[25.11 renumbered as 25.10 by PR506471 ppc 02Mar11]

    (a) At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

    (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Wardrobe and make-up allowance

    Clothing and footwear group

   

26. Ordinary hours of work and rostering

[Varied by PR998089,PR506471,PR509233,PR523063,PR536866,PR539129,PR551789,PR566890,PR579585,PR592337]

[26.1 varied by PR506471 ppc 02Mar11]

26.1 A prospective employee may be required by the employer to attend for the purposes of wardrobe,fitting,publicity,public relations,still photography or any matter connected with an employer’s business (except radio or television appearances and/or interviews) and will be paid for such attendance,including travel time,pro rata at the casual rehearsal rate prescribed by clause 24.6 of this award,with a minimum payment for three hours.

26.2 Performers

    (a) General conditions

      (i) The ordinary hours of work are 38 in any one week.

      (ii) Such hours will be worked on not more than six days in any one week.

      (iii) Such hours will not exceed eight in any one day.

      (iv) Such hours of work will be worked between the hours of 9.00 am and 11.15 pm.

      (v) The minimum time to be credited to an employee for each whole time performance or dress rehearsal given will be 2.5 hours plus 30 minutes prior to the commencement of the performance for dressing and making up,and 15 minutes at the conclusion of the performance for dressing down.

      (vi) The minimum time to be credited to an employee for each performance up to one hour in duration or dress rehearsal will be one hour plus 30 minutes prior to the commencement of the performance for dressing and making up,and 15 minutes at the conclusion of the performance for dressing down.

      (vii) The minimum time to be credited to an employee for each rehearsal or any extra session such as wardrobe and photo calls,will be two hours provided that where extra calls are held either immediately before or after a rehearsal or performance call they will only be counted as time worked.

      (viii) The employer will have the right to lay off an employee at the applicable award rate for not more than three weeks during such period of 26 weeks (pro rata for any period of less than 26 weeks),provided that:

        ●lay-off time may be accumulated to a total of three weeks;and

        ●a lay-off will only be applied on movement of a production from one theatre to another,excepting by mutual agreement between the employer and the employee.

      (ix) Payments made in a broken week or where a production is transferred from one location to another and where layoff time is not applicable will be on the following basis:

        ●rehearsal days at the beginning of the engagement will be paid at one sixth of the employee’s salary;

        ●performances at the conclusion of the engagement will be paid at one eighth of the employee’s salary;and

        ●where a production is transferred from one location to another and where layoff time is not applicable and where a mix of performing and non-performing days occur,the employee will receive their ordinary performance salary in full.

    (b) Country tour

      (i) If engaged on a country tour,travel on any day on which a performance or rehearsal is to be held will occur between the hours of 9.00 am and 4.00 pm.

      (ii) On any other day between 9.00 am and 7.00 pm.

    (c) Travel time to be counted as time worked

      Should the employer during the course of a normal day’s work require the employee to travel,the travelling time inclusive of regular stops for comfort and refreshment will be counted as time worked.

    (d) Organisation of work

      (i) A break of 11 clear hours between completion of one day’s work and the commencement of another will be given to the employee.

      (ii) On a day on which no performance is worked,the hours worked will be continuous except for breaks prescribed.

      (iii) Within the ordinary daily hours of work employees may be required to undertake:

        ●vocal and physical warm up immediately prior to a performance or dress rehearsal sufficient to minimise injury;and

        ●classes and/or notes reasonably required to be completed by the employer.

    (e) No rehearsal may be held on a day when more than one performance of a substantially whole time nature is given,except in the case of an emergency and with the agreement of the majority of the cast.

    (f) School tours

      (i) The ordinary hours during which a school performance may be held will be within the usual school hours in that school and up to one hour after such usual school hours,provided that an employee is not required to be at any central pick-up point more than one hour before the usual school starting time.

      (ii) There will be a break of at least 40 minutes clear of any dressing,undressing,making up or taking-off make-up provided for lunch.

      (iii) There will be a break of at least 15 minutes between the conclusion of one performance and the commencement of another performance in the same school.

[26.2(f)(iv) varied by PR539129 ppc 22Jul13]

      (iv) An employee will not,on any one day,be required to make more than one move from one school to another.

      (v) An employee will travel as directed by the employer by mutual agreement between the employee and the employer.

      (vi) Where an employee requests to make their own way to the next working venue and the employer agrees,the employee will be paid an allowance equal to the money that would have been paid by the employer on their travelling by the form of transport by which the employer did or would have transported the employee or the remainder of the company.

[26.2(f)(vii) inserted by PR506471 ppc 02Mar11]

      (vii) The number of performances constituting a week’s work will not exceed 10 when such performances are each of no longer duration than 1.5 hours (or two hours inclusive of discussion subsequent to performance);or

[26.2(f)(viii) inserted by PR506471 ppc 02Mar11]

      (viii) The number of performances constituting a week’s work will not exceed 15 when such performances are each of no longer than one hour.

[26.2(f)(ix) inserted by PR506471 ppc 02Mar11]

      (ix) Each performance in excess of 10 or 15 (as the case may be) will be paid for at the rate of 1/10th of the employee’s weekly wage extra.

[26.2(g) deleted by PR506471 ppc 02Mar11]

26.3 Company Dancers

    (a) General conditions

      (i) The ordinary hours of duty will not exceed 38 in any one week. No more than seven hours and 36 minutes on any one day will be worked.

      (ii) The employer will use their best endeavours to schedule five classes a week that will be compulsory and counted as time worked.

      (iii) In circumstances where the performance and rehearsal schedule of an individual employee is onerous or where some other special circumstance exists,the employer may provide by prior arrangement that an employee need not attend a scheduled class. Such non-attendance is to be without loss of pay.

      (iv) Any non-attendance at a class (without reasonable explanation) other than in accordance with the provisions of this subclause,or as elsewhere prescribed in this award,will be subject to loss of pay.

      (v) The minimum time to be credited to an employee for a whole time performance or dress rehearsal will be 3.75 hours (inclusive of warm-up,dressing and making up,and warm-down,undressing and removing make-up). An employee will be credited with 3.75 hours of working time for each performance in which the employee takes part.

      (vi) Thirty minutes will be allowed for a warm-up/class before the employee will be required to perform or rehearse.

      (vii) The preparation time referred to herein and the warm-up time provided under clause 26.3(a)(vi) will be regarded in total and it will be at the discretion of the employee as to the order in which preparation and warm up are carried out.

      (viii) A break of 12 hours clear of warm-up,dressing,making up,warm-down,undressing and removing make-up will be given to an employee between completion of one day’s work and the commencement of another,provided that in the case of travelling and/or schools work on the following day the break may be reduced to 11 hours if necessary.

    (b) Times of rehearsal

      During a week in which rehearsals only are held and during which no performance is given,the following provisions will apply:

      (i) The maximum number of hours worked per week will be 38.

      (ii) Rehearsals will be held on Monday to Friday provided that a rehearsal may be held on a Saturday if the employee is given a day off instead on the following Monday or on some other day as is mutually agreed. As far as possible such other day off will be in the week following the Saturday rehearsal.

      (iii) A maximum of seven hours and 36 minutes will be worked on any one day.

      (iv) Rehearsals will not commence before 9.30 am and will be concluded by 6.30 pm provided that by mutual agreement between the employer and employee rehearsals may be held in the afternoon and evening and in such cases will commence not earlier than 1.30 pm and will conclude by 10.30 pm,except in the week prior to commencement of a new production where rehearsals will end by 11.00 pm.

      (v) There will be a break of at least one hour for lunch to be given between the hours of 12 noon and 2.00 pm.

      (vi) Where afternoon and evening rehearsals are agreed upon under clause 26.3(b)(iv) there will be a dinner break of 1.5 hours to be given between the hours of 5.00 pm and 7.30 pm provided that the length of such break may be varied by mutual agreement between the employer and the employee. However,in no case will the dinner break be less than one hour.

      (vii) When more than one rehearsal call or call for other work is made on one day,an interval of one hour will be given to employees after each four hour period of work. The said interval will be clear of any dressing,undressing,redressing,make-up or other work.

      (viii) There will be a 15 minute rest/tea break given in the morning following class and a 15 minute break given during the afternoon or evening rehearsal session.

      (ix) In the period of one week prior to commencement of a new production,a maximum of 44 hours may be worked in the six days,Monday to Saturday inclusive.

      (x) No rehearsal may be required on Christmas Day or Good Friday.

      (xi) All rehearsals will be regarded as continuous from the starting time to the finishing time each day,except by mutual agreement.

    (c) Rehearsal and performance

      (i) The maximum number of ordinary hours worked in any week in which performances and rehearsals take place will not exceed 38 hours.

      (ii) A maximum of seven hours and 36 minutes will be worked on any one day.

      (iii) No rehearsal may be held on a day when more than one whole time performance is held except in the case of an emergency cast replacement.

      (iv) On any day in which one performance only is given,one rehearsal/session of four hours may be given by the employer except as otherwise provided in this award. Such rehearsal/class will not commence before 10.30 am unless otherwise agreed the employee’s rehearsal on any such day will end no later than four hours prior to the call for the next performance of the employer’s production in which the employee will appear.

    (d) Performance

      (i) The ordinary hours during which a performance may be held will be from 10.00 am (commencement of a performance) to 11.30 pm (conclusion of a performance) on any six days Monday to Saturday. Should a performance extend beyond 11.30 pm the employee will receive a rate of double time for all time worked after 11.30 pm.

      (ii) There will be a break of not less than 45 minutes clear of warm-up,dressing,undressing,make-up or taking off make-up between the conclusion of one performance and the commencement of another performance on the same day except if the parties agree otherwise.

[26.3(d)(iii) varied by PR998089,PR509233,PR523063,PR536866,PR551789,PR566890,PR579585,PR592337 ppc 01Jul17]

      (iii) If there is a break of less than two hours between the conclusion of one performance and the beginning of the next performance on the same day,the employer will provide the employee with a satisfactory meal. Alternatively,the employer may pay to the employee an amount of $17.61 instead of the said meal.

      (iv) A performance will not exceed 3.75 hours in duration,provided that in the case of a performance with two intervals,the maximum performance time will be four hours. Such 3.75 or four hours will include warm-up,dressing and making up time and taking off make-up and undressing time as specified in clause 26.3(a).

      (v) An employee will be credited with at least 3.75 hours of working time for each performance.

26.4 Number of performances

    (a) The maximum number of performances for which the ordinary weekly rate is paid will be:

     

    Performance length

    Maximum number
    of performances

    Performers

    A substantially whole time production or pantomime

    8

     

    Up to one hour in duration

    12

    Company Dancers

    A substantially whole time production or pantomime

    7

     

    Up to one hour in duration

    10

    (b) Where additional performances are undertaken as part of the ordinary hours of work the following provisions will apply:

      (i) in the case of additional performances of a substantially whole time production (excepting pantomimes),the employee will be paid 12.5% of their ordinary weekly wage for each additional performance above eight;

      (ii) in the case of additional performances of pantomime exceeding eight but not exceeding 12,the employee will be paid an additional 12.5% of their ordinary weekly wage for the first performance exceeding eight and then an additional 6.25% of their ordinary weekly wage for each performance in excess of the ninth performance in any such week;and

      (iii) in the case of performances up to one hour in duration,an additional payment of 10% of their weekly wage for each performance above 12.

    (c) If an employee is engaged by the weekly engagement to appear in two or more different contemporaneous productions for the same employer,each production will be deemed to be a separate week’s engagement for the purpose of this clause,but this will not apply when one of the productions is a pantomime,in which case the employee will be paid 12.5% of their weekly wage additional for each performance exceeding eight in a week.

26.5 Rosters

    (a) Performers

      An employee will be given at least 24 hours’notice of any change in their rehearsal and/or performance scheduled hours except during the seven day period prior to the opening performance in which case 12 hours’notice will be given.

    (b) Company Dancers

      (i) A roster of performance and rehearsal hours will be provided by the employer weekly,giving the employee at least three days’notice of their forthcoming schedule. A copy of such roster will be made available to each employee and a master copy will be prominently displayed on a noticeboard.

      (ii) An employee will be given at least 48 hours’notice of any change in their rehearsal and/or performance hours except in the case of emergency,or during the seven day period prior to the opening performance,in which case 12 hours’notice will be given.

27. Breaks

[Varied by PR998089,PR506471,PR509233,PR523063,PR536866,PR551789,PR566890,PR579585,PR592337]

27.1 No employee will be required to work continuously in excess of four hours,or by agreement with a majority of the cast involved five hours,without a substantial break for a meal,recuperation and/or refreshment.

27.2 A break will be of a minimum duration of one hour if taken before 4.00 pm or 1.5 hours if taken after that time.

27.3 Such breaks will be unpaid.

27.4 During rehearsals a reasonable refreshment break will be provided to employees to be counted as time worked.

[27.5 varied by PR998089;substituted by PR506471 ppc 02Mar11;varied by PR509233,PR523063,PR536866,PR551789,PR579585,PR592337 ppc 01Jul17]

27.5 There will be a break of not less than 45 minutes clear of dressing,undressing,making up or taking off make-up between the conclusion of one performance and the commencement of another performance on the same day. If there is a break of less than two hours between the conclusion of one performance and the beginning of the next performance the employer will provide an employee with a satisfactory meal,including tea and coffee. Alternatively,the employer may pay to the employee an amount of $27.36 instead of the said meal.

27.6 There will be a clear break between the conclusion of a full rehearsal and the commencement of another full rehearsal or performance of one and a half hours.

27.7 Breaks for travel

    The minimum breaks for travel will be as set out below,except where the employer and the employee agree otherwise:

    (a) There will be no work done by an employee on a day in which travel to and from the following places occurs:

      (i) Sydney/Perth;

      (ii) Brisbane/Perth;

      (iii) Melbourne/Perth.

    (b) Where an employee is required to travel other than as specified above,a two hour break will be given between arrival at the destination point and any rehearsal call or performance.

27.8 Adjustment of expense related allowances

    (a) At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

    (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Meal allowance

    Take away and fast foods sub-group

   

28. Overtime and penalty rates

[Varied by PR539129]

28.1 Performers engaged by the week or for a longer period

[28.1(a) varied by PR539129 ppc 22Jul13]

    (a) All time worked in excess of eight hours on any one day will be paid for at the rate of time and a half for the first two hours and double time thereafter.

    (b) Subject to 28.1(c) all time worked in excess of 38 hours in any one week will be paid at the rate of time and a half for the first two hours and double time thereafter.

    (c) All hours worked during an engagement,or each 12 month period from the first date of engagement whichever is the earlier,(including rehearsals and performances) in excess of an average of 38 hours per week will be paid at the rate of time and a half at the completion of the engagement or the completion of each 12 month period from the first date of engagement,whichever is the earlier.

28.2 Performers engaged casually other than supernumeraries

    (a) An employee required to work beyond the hour of 11.30 pm or who is detained for work or any other reason beyond the hour of 11.30 pm by the employer will be paid at the rate of 1/12th of the appropriate casual rate for such employee for each half hour or part thereof beyond 11.30 pm that the employee is required to work or is detained,in addition to any other payments for overtime,etc. and the ordinary fee applicable to such employee.

    (b) If a performance is longer than three hours or if the employee is detained by the employer during an engagement for a performance for more than three hours (excluding dressing/making up and dressing/removing make-up etc.) the employee will be paid at the rate of one sixth of the casual rate for each half hour or part thereof in excess of three hours that the employee is detained by the employer.

28.3 General—applicable to weekly or casual engagements

    Where any of the intervals or breaks due to an employee as set out in this award are curtailed or extended beyond the hours specified,overtime at the rate of time and a half will be paid for each 15 minutes or part thereof of such curtailment or extension.

28.4 Company Dancers

    (a) Engaged by the week or for a longer period

      (i) The employee’s hourly rate of pay will be calculated by dividing the weekly rate by 38.

      (ii) For the purposes of calculating overtime,each day’s overtime will stand alone. Overtime will be calculated strictly on the basis of actual time worked.

      (iii) Where an employee is paid for an extra performance pursuant to clause 26.4(b)(i) and (iii),the hours paid for in relation to such extra performance will not be taken into account when calculating the weekly total of hours.

      (iv) All work performed in excess of the prescribed weekly total of hours or outside the prescribed spread or range of hours or as the result of a prescribed break or interval having been curtailed or extended beyond the hours specified will be paid for at the rate of time and a half for the first two hours and double time thereafter.

      (v) In the case of an emergency cast replacement where a rehearsal is held on a day when two performances are given,overtime will be paid at the rate of time and a half for the first two hours and double time thereafter for the duration of the rehearsal period.

    (b) Engaged casually

      An employee required to work beyond the hour of 11.30 pm or who is detained for work or any other reason beyond the hour of 11.30 pm by the employer will be paid at the rate of 1/12th of the appropriate casual rate for such employee for each half hour or part thereof in addition to any other payments for overtime,etc. and the ordinary fee applicable to such employee.

28.5 Sundays

    For any work done on Sundays,including rehearsal,the minimum rates per performance or three hour rehearsal session will be as follows:

    (a) Payment for employees engaged by the week or for a longer period

      (i) Where the time worked is in addition to the employee’s prescribed weekly hours of work,the employee will be entitled to payment of an amount equivalent to one third of the employee’s weekly wage in addition to the employee’s wage for the week.

      (ii) Where the time worked is part of the employee’s prescribed weekly hours of work,the employee will be entitled to payment of an amount equivalent to one sixth of the employee’s wage for the week in addition to the employee’s wage for the week,provided also that the employee’s hours of work in that week will be arranged to provide the employee with one complete day off duty in that week.

    (b) If an employee is required by the employer to travel on a Sunday,the employee will be given a day off instead in the following week,provided that if a day off is not provided,the employee will be paid 8.3% of the employee’s weekly wage in addition to the wage for the week for travel of up to three hours duration,and 1/38th of the weekly wage for each half hour or part thereof for travel in excess of three hours.

    (c) Payment for employees engaged casually

      Employees engaged casually will be entitled to payment for work on Sundays as follows:

      (i) for a performance,double the prescribed minimum rate per performance;or

      (ii) for a rehearsal,double the prescribed casual hourly rate rehearsal rate with a minimum payment as for four consecutive hours.

Part 5—Musicians

29. Types of employment

30. Minimum wages

31. Special allowances

32. Ordinary hours of work and rostering

33. Breaks

34. Overtime and penalty rates

29. Types of employment

29.1 A musician may be engaged:

    (a) weekly for the run of the play or plays in a particular place or places;

    (b) on an ongoing weekly basis;

    (c) on a weekly part-time basis;or

    (d) casually.

29.2 Weekly employees

    (a) A musician will be engaged for a minimum of six calls per week and paid as a weekly employee for at least one week and where the employee so requires,the employer will confirm the engagement in writing.

    (b) The weekly wage prescribed by this award will be paid to each weekly employee who is ready and willing to perform the work provided by the award during any week,whether the employee is required to perform such work or not. This provision will apply to all engagements whether for open air performances or otherwise.

    (c) Where a musician is engaged as a weekly employee for any fixed number of calls per week,the number of calls will not be reduced,except by notice of not less than one week.

    (d) Where a musician is required by an employer to go on tour,such employee will be deemed to be in the employment of the employer for at least from the time at which the employee begins to travel on the tour and to remain in such employment at least until they finish travelling on the return from the tour.

29.3 Part-time weekly employee

    (a) A part-time weekly employee will be an employee engaged for a minimum of two calls per week and a maximum of six calls per week for a period of not less than four consecutive weeks. Where the employee so requires,the employer will confirm the engagement in writing.

    (b) A part-time weekly employee will be entitled to the same conditions of employment as a weekly employee is entitled to under this award. Such entitlement will be proportionate to the average hours worked per week by the employee.

29.4 Casual employees

    (a) Where an employee is not engaged as a weekly employee or part-time weekly employee,such employee will be engaged as a casual employee.

    (b) At least 48 hours’notice will be given of cancellation of a casual engagement either personally or to an address to be notified to the employer by the employee at the time of engagement,failing which,full payment will be made.

30. Minimum wages

[Varied by PR994645,PR997986,PR506471,PR509112,PR522943,PR536746,PR551669,PR566759,PR579862,PR592181]

30.1 Minimum wages for Musicians are set out in clause 13Classifications and minimum wages.

30.2 Weekly employees

[30.2 varied by PR994645 ppc 04Mar10;PR997986;PR506471 ppc 02Mar11;PR509112,PR522943,PR536746,PR551669,PR566759,PR579862,PR592181 ppc 01Jul17]

    Musicians will be engaged by the call. The call rate is calculated by dividing the appropriate minimum weekly wage by 24 with a minimum payment as for three hours. The minimum weekly wage for musicians is the hourly wage below multiplied by the number of hours worked.

 

Minimum hourly wage
$

Musicians

38.65

Musicians accompanying artists

40.68

Principal Musicians

45.39

Conductor—Leader

49.25

30.3 Casual employees

    The minimum rate of pay for all casual employees as defined will be the total minimum hourly rate prescribed in clause 30.2 of this award plus 25% with a minimum of three hours for each engagement.

30.4 Conductor-Leader

    A Conductor-Leader will receive the following allowances:

    (a) Where there are three or more musicians,the allowance will be the appropriate rate plus 13.3%.

    (b) A Conductor-Leader employed in grand opera,grand ballet,concerts or religious performance will receive the appropriate rate plus 10%.

30.5 Instrumentalist playing alone

    The rate for an instrumentalist playing alone will be the appropriate rate plus 17.5%.

30.6 Repetiteur rate

    The rate for a repetiteur will be the appropriate rate plus 12.5%.

31. Special allowances

[Varied by PR994645,PR995412,PR994459,PR998089,PR505876,PR506471,PR523063,PR539129,PR579585,PR592337]

31.1 Where an employee is required to double on one or more additional instruments,(provided that a percussionist will receive such allowance in respect of each of the xylophone,vibraphone,tympani,and either (but not both) marimba and glockenspiel),the following doubling allowance will apply:

    (a) For each instrument supplied by the musician,the rate will be 1.8% of the standard rate per additional instrument per call or 14.5% of the total minimum call rate,whichever is the greater.

    (b) For each instrument supplied by the employer,the rate will be 1.3% of the standard rate per additional instrument per call or 9.5% of the total minimum call rate,whichever is the greater.

31.2 Supply of music

[31.2 varied by PR539129 ppc 22Jul13]

    An employee required to supply their own music will receive the following allowance:

    (a) weekly employee—1.3% of the standard rate per week;or

    (b) casual employee—4% of the standard rate per call.

31.3 Soloists

    An employee performing solo in an orchestra will receive 0.7% of the standard rate per instrument per call.

31.4 Setting up time

    Where a drummer or electronic instrumentalist is required by the employer to move their equipment to and from their place of employment,they will receive in addition to their normal rate an allowance equal to 15 minutes of work at the ordinary time rate of pay.

31.5 Employee playing in specialty entertainments

    Where an engagement customarily accepted as speciality is for more than six days,the rate will be the appropriate rate plus 66.7%.

31.6 Broadcast,telecast,filmed or recorded

[31.6 varied by PR994645;substituted by PR505876 from 14Jan11]

    Where an employee is broadcast,telecast,filmed or recorded from a theatre or other place of entertainment during the course of such entertainment,in addition to the appropriate rate of pay the employee will receive:

    (a) for a televised performance:

      (i) 14.02% of the standard rate;

      (ii) if a Principal,the payment in clause 31.6(a)(i) and an additional 25%;

      (iii) for doubling,25% extra per additional instrument per call;and

      (iv) for overdubbing,an additional minimum call fee,

    (b) for a radio broadcast:

      (i) as a minimum payment for a call up to three hours in which there can be 21 minutes of finished material,15.12% of the standard rate;

      (ii) if a Principal,the payment in 31.6(b)(i) and an additional 25%;

      (iii) for doubling,25% extra per additional instrument per call;

      (iv) for overdubbing,an additional minimum call fee;and

      (v) for any time worked in excess of the initial three hour call in respect of completion of the initial 21 minutes of finished recording,payment at the rate of time and a half,with a minimum payment of one hour,

    (c) for simulcast (radio and television,single use within Australia):

      (i) 28.82% of the standard rate extra;and

      (ii) if a Principal,the payment in clause 31.6(c)(i) and an additional 25%.

    (d) for an audio-visual or visual recording of a performance:

      (i) 20.70% of the standard rate;

      (ii) if a Principal,the payment in clause 31.6(d)(i) and an additional 25%;and

      (iii) for doubling,25% extra per additional instrument per call;

      (iv) for overdubbing,an additional minimum call fee,

    (e) for an audio recording of a performance:

      (i) 15.12% of the standard rate for which there can be 21 minutes of finished material;

      (ii) if a principal,the payment in clause 31.6(e)(i) and an additional 25%;and

      (iii) for doubling,25% extra per additional minimum call fee;

      (iv) for overdubbing,an additional minimum call fee;

      (v) to record more than 21 minutes of finished material,the employee will be paid at time and a half for a minimum of one hour,

    (f) the provisions of clause 31.6 of this Award will not apply to an archival and/or reference recording as defined. Subject to an agreement between an employer and an employee who participated in an archival and/or reference recording the employer will pay those employees no less than the applicable rate set out in paragraphs (a) to (e) above.

31.7 Upkeep allowances

[31.7(a) varied by PR998089;substituted by PR506471 ppc 02Mar11;varied by PR579585,PR592337 ppc 01Jul17]

    (a) Each employee (including a casual employee) who supplies one or more instruments must be paid an instrument upkeep allowance of $13.21 per instrument per week for weekly employees and $1.66 per instrument per call for casual employees.

[31.7(b) varied by PR998089,PR579585,PR592337 ppc 01Jul17]

    (b) A harpist employed on a weekly basis must be paid an instrument upkeep allowance of $29.28 per week and a casual employee must be paid an allowance of $4.36 per call.

[31.7(c) varied by PR998089,PR579585,PR592337 ppc 01Jul17]

    (c) Where a percussionist provides the complete percussion kit,or a substantial part of the percussion kit,as defined in clause 3Definitions and interpretation,they must be paid in addition to their ordinary rate of pay an allowance of $10.56 per week.

[31.8 deleted by PR994459 from 01Jan10]

31.8 Adjustment of expense related allowances

[31.9 renumbered as 31.8 by PR994459 from 01Jan10]

    (a) At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

[31.9(b) varied by PR995412 ppc 24Mar10]

[31.8(b) varied by PR523063 ppc 01Jul12]

    (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Upkeep allowance

    Tools and equipment for house and garden component of the household appliances,utensils and tools sub-group

   

32. Ordinary hours of work and rostering

[Varied by PR506471]

32.1 Subject to the overtime provisions of this award,the duration of a call will not exceed three hours and will include all intervals and breaks as time worked.

[32.2 deleted by PR506471 ppc 02Mar11]

[32.3 deleted by PR506471 ppc 02Mar11]

33. Breaks

33.1 All employees will be entitled to a break of not less than 15 minutes in each call of more than two hours.

33.2 For the purposes of clause 33.1,break will mean and include a period in which an employee will not be required to perform musical services and will count as time worked.

33.3 At least one hour’s break will be observed between two or more calls per day. For the purposes of this clause,the break will not count as time worked.

34. Overtime and penalty rates

[Varied by PR523063,PR536866,PR551789]

34.1 All time worked on Monday to Saturday inclusive over or outside the prescribed time of any call will be paid for at time and a half the appropriate ordinary rate,provided that work performed after 12 midnight and before 7.00 am will be paid at double the appropriate ordinary rate.

34.2 Any call in excess of two worked on any one day will be paid for at the rate of time and a half.

34.3 Overtime payments will be made in respect of each quarter hour or part thereof,provided that where the time limit of a call is exceeded by five minutes or less,such time will not be counted for the purposes of this clause.

34.4 If an employee is directed to appear at a call which commences within one hour of the conclusion of a call at which such employee has appeared,the employee will be paid for such second call at the overtime rate prescribed herein unless there has been a complete change of audience between such two calls.

34.5 Sundays

    (a) Except as otherwise provided in this award,all work performed on Sundays will be paid for at the following rates:

      (i) For weekly employees,at double the appropriate rate payable for work performed on ordinary days with a minimum payment as for three hours.

      (ii) For casual employees,at double the appropriate rate payable for work performed on an ordinary day.

[34.5(b) varied by PR523063,PR536866,PR551789 ppc 01Jul14]

    (b) If an employee is required by their employer to travel on a Sunday,such employee will,unless paid in pursuance of the provisions of this award for working on the said Sunday,be paid $11.30 in addition to the allowance elsewhere prescribed by this award.

34.6 Adjustment of expense related allowances

    (a) At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

[34.6(b) varied by PR523063 ppc 01Jul12]

    (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Travel allowance

    Transport group

   

Part 6—Striptease Artists

35. Types of employment

36. Classifications

37. Minimum wages

38. Special allowances

39. Rostering

40. Breaks

41. Overtime and penalty rates

35. Types of employment

[Varied by PR539129]

35.1 Employees under this award will be employed in one of the following categories:

    (a) full-time employees;

    (b) part-time employees;or

    (c) casual employees.

35.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time,part-time or casual.

35.3 Full-time employees

    (a) An employer may employ full-time employees in any classification in this award.

    (b) The hours of work of a full-time employee are an average of 38 per week.

    (c) The arrangement for working the average of 38 hours per week is to be agreed between the employer and the employee.

    (d) At the time of engagement the employer and the full-time employee will agree in writing on the arrangement of work,specifying at least the hours worked each day,which days of the week the employee will work and the actual starting and finishing times each day.

    (e) Any agreed variation to the arrangement of work will be recorded in writing.

    (f) All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 41Overtime and penalty rates.

    (g) A full-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate.

    (h) For all ordinary time worked after 7.00 am Sunday and before 7.00 am Monday,a 75% loading will be added to the hourly rate.

    (i) The number of hours for any one shift can be no greater than 10 hours.

35.4 Part-time employees

    (a) An employer may employ regular part-time employees in any classification in this award.

    (b) A part-time employee is an employee who:

      (i) works less than full-time hours of 38 per week;

      (ii) has reasonably predictable hours of work;and

      (iii) receives,on a pro rata basis,equivalent pay and conditions to those of full-time employees who do the same kind of work.

    (c) At the time of engagement the employer and the part-time employee will agree in writing,on a regular pattern of work,specifying at least the hours worked each day,which days of the week the employee will work and the actual starting and finishing times each day.

    (d) Any agreed variation to the regular pattern of work will be recorded in writing.

    (e) An employer is required to roster a part-time employee for a minimum of three consecutive hours on any shift.

    (f) An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 35.5.

    (g) All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 41Overtime and penalty rates.

    (h) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate.

    (i) For all ordinary time worked after 7.00 am Sunday and before 7.00 am Monday,a 75% loading will be added to the hourly rate.

    (j) The number of hours for any one shift can be no greater than 10 hours.

35.5 Casual employment

    (a) An employer may employ casual employees in any classification in this award.

[35.5(b) varied by PR539129 ppc 22Jul13]

    (b) A casual employee working in an entertainment venue,including venues housing peepboxes,will be paid per hour at the rate of 1/38th of the weekly rate,plus the following additional loading for work performed:

      (i) between 7.00 am Monday to 7.00 am Saturday—25%;

      (ii) after 7.00 am Saturday and before 7.00 am Sunday—50%;

      (iii) after 7.00 am Sunday and before 7.00 am Monday—75%;and

      (iv) on public holidays prescribed in this award—100%.

    (c) On each occasion a casual employee is required to attend work,they are entitled to a minimum payment for two hours work or two performances,but will not exceed 10 hours work.

    (d) Casual agency employees

      (i) Casual employees booked by an agency on a public holiday prescribed in this award will be paid as per clause 35.5(b)(iv).

      (ii) Casual employees of the agency may refuse work offered on short notice or if previously booked.

      (iii) Casual employees working for an agency will be paid per hour.

      (iv) Casual employees of an agency may accept employment from other agencies or entertainment venues providing the employees do not accept bookings or shifts that are conflicting with each other. The casual employee will not accept private bookings not made by an agency and will contact the agency if unable to attend a booking. The agency will be responsible for re-booking another employee.

    (e) Casual employees must be paid at the termination of each engagement,but may agree to be paid weekly or fortnightly.

36. Classifications

36.1 A person employed as a bar/waiting staff member means a bar attendant or waiter,personnel wearing skimpy,lingerie,bikini,see-through,topless or g-string costumes,or going nude.

36.2 A person employed as a performer means a person performing a striptease act,erotic dance,tabletop dance,podium dance,private dance,lapdance or peepshow performance. Industry trends may call these performances by another name but will be recognised as the same performances under this award.

37. Minimum wages

[37 varied by PR997986,PR509112,PR522943,PR536746,PR551669,PR566759,PR579862,PR592181 ppc 01Jul17]

 

Total weekly wage
$

Total minimum hourly rate
$

Bar/waiting staff

742.30

19.53

Performer

755.60

19.88

   

38. Special allowances

38.1 Cancellation rate

    If employees arrive at a booking and the booking has been cancelled without notice,the employee will receive a cancellation rate of 30% of the rate the employee would have been paid.

38.2 Country bookings

    All bookings for country hotels or taverns are to be for a minimum of two performances or for a minimum of three hours for bar/waiting staff per day away.

38.3 Parades

    If the employee is to participate in a parade representing the employer’s business,and that participation exposes nipples,buttocks or genitalia,a rate of 3.3% of the standard rate extra will be paid for each parade.

38.4 Photographs

    (a) If the employee is to be photographed or filmed for the purpose of promoting or advertising the employer’s business or for merchandise or magazine articles promoting the employer’s business,the employer will specify in writing to the employee all details of the engagement including:

      (i) the way in which the work will be photographed or otherwise recorded;and

      (ii) the purpose for which the work,photograph,film,tape or other record will be used.

    (b) All employees will be required by the employer to sign the document setting out the above details prior to commencing work. Once an employee signs such document they will be responsible for carrying out the work specified in such document unless factors beyond their control prevent them from doing so.

    (c) An employer must not use the photograph,film or other record of the employee for any purpose other than that which is specified in writing to the employee at the time of engagement.

39. Rostering

39.1 All employees will receive a copy of the roster of shifts for the coming week or weeks no less than seven days in advance.

39.2 A timetable roster for performances for each shift will include performers’names,performance times,meal break and finish time. The roster will be posted on a noticeboard in the dressing room no less than one hour before the commencement of the shift.

39.3 A timetable roster for each shift for bar/waiting staff will include staff names,start time,meal break and finish time. The roster will be posted on a staff noticeboard no less than one hour before the commencement of the shift.

39.4 The roster will be altered by mutual consent at any time or by amendment of the roster on seven days’notice. Where practicable,two weeks’notice of rostered day or days off will be given provided that the days off may be changed by mutual consent or through sickness or other cause over which the employer has no control.

39.5 This clause will not apply to employees booked by an agency,except where the agency booking arrangement with the employee is one that provides regular work to an entertainment venue in respect of the employee.

39.6 Rest period

    (a) All employees will have 12 or more hours rest between shifts.

    (b) All employees on tour will have 12 or more hours’rest between the last evening show and the matinee.

39.7 Casuals

    On each occasion a casual employee is required to attend work they are entitled to a minimum payment for two hours work or two performances,but will not exceed 10 hours’work.

40. Breaks

40.1 If an employee,including a casual employee,is required to work for five or more hours in a day,they must be given an unpaid meal break of no less than 30 minutes. The break must be given no earlier than one hour after starting work and no later than six hours after starting work.

40.2 If an employee is required to work more than two hours’overtime after the completion of the employee’s rostered hours,they must be given an additional paid break of 20 minutes.

40.3 Employees performing striptease,erotic dancing,tabletop or podium dancing will be given a break of no less than 30 minutes between the end of one performance and the commencement of another performance.

40.4 All employees on tour will have a break of no less than three hours between a matinee and an evening booking.

41. Overtime and penalty rates

41.1 A full-time employee will be paid overtime rates for any work performed outside of the aggregate hours per shift or agreed rostered hours set out in clause 35Types of employment.

41.2 A part-time employee will be paid overtime rates in the circumstances specified in clause 35.

41.3 The overtime rate payable to an employee is time and a half of their normal rate of pay for the first two hours of overtime,and double their normal rate of pay after that.

41.4 The overtime rate payable to an employee working on a rostered day off is double their normal rate of pay for any work performed. A minimum payment of four hours is payable to the employee even if they work for less than four hours.

41.5 If starting work at the employee’s next rostered starting time would mean that the employee did not receive a full 12 hours break then:

    (a) the employee may,without loss of pay,start work at such a later time as is necessary to ensure that they receive a break of at least 12 hours;or

    (b) the employer must pay the employee overtime rates for all work performed until the employee has received a break of at least 12 hours.

41.6 Casuals

    A casual employee will be paid per hour at the rate of 1/38th of the weekly rate,plus the following additional loading for worked performed:

    (a) between 7.00 am Monday to 7.00 am Saturday—25%;

    (b) after 7.00 am Saturday and before 7.00 am Sunday—50%;

    (c) after 7.00 am Sunday and before 7.00 am Monday—75%;and

    (d) on public holidays prescribed in this award—100%.

Part 7—Production and Support Staff

42. Types of employment

43. Minimum wages

44. Special allowances

45. Ordinary hours of work and rostering

46. Breaks

47. Overtime and penalty rates

42. Types of employment

[Varied by PR994459,PR539129]

42.1 Full-time employees

[42.1 varied by PR994459 from 01Jan10]

42.2 Part-time employees

    (a) A part-time employee is an employee engaged by the week and who works an agreed usual number of ordinary hours less than 38 each week.

    (b) A part-time employee working ordinary time will be paid per hour 1/38th of the weekly wage prescribed by this award for the level of work performed.

[42.2(c) varied by PR539129 ppc 22Jul13]

    (c) A part-time employee who by agreement works more than the agreed usual number of ordinary hours in any week will be paid at their ordinary rate of pay,subject always to any payment prescribed in clause 47Overtime and penalty rates.

    (d) A part-time employee who performs work in excess of the ordinary hours for a full-time employee as prescribed in clause 45Ordinary hours of work and rostering will be paid at overtime rates in accordance with the provisions in clause 47Overtime and penalty rates.

    (e) The minimum time worked for each period of work will be not less than four consecutive hours for which a weekly employee is rostered.

    (f) In addition to other award entitlements,a part-time employee will receive pro rata annual leave,personal/carer’s leave and public holiday entitlements.

42.3 Casual employees

    (a) A casual employee is engaged by the hour for a minimum of three consecutive hours. The employment of a casual employee may be terminated without notice by either the employee or employer subject to the payment of the minimum amount of wages and subject to the employee working the time covered by the payment of such wages.

    (b) The appropriate per hour rate for casual employees is calculated by dividing the rate per week,as specified in clause 43Minimum wages,for the relevant classification level by 38 and adding a 25% loading on such hourly rates so calculated.

42.4 Seasonal employees

    (a) A seasonal employee will mean a weekly employee engaged either as full-time or part-time on a fixed term contract.

    (b) The duration of a seasonal contract will be determined in advance by agreement and the following provisions will apply:

      (i) the contract may be renewed as often and for such time periods as agreed between the employer and employee;

      (ii) conditions of employment will be those applying to weekly employees covered by this award;and

      (iii) where a new contract is offered and taken up immediately after the expiry of a previous contract,employment is treated as if it was continuous for entitlement purposes.

43. Minimum wages

Minimum wages for Production and Support Staff are set out in clause 13Classifications and minimum wages.

44. Special allowances

[Varied by PR998089,PR508534;corrected by PR514179;varied by PR523063,PR539129,PR579585,PR592337]

44.1 Tools and equipment allowance

[44.1(a) varied by PR998089;PR514179,PR579585,PR592337 ppc 01Jul17]

    (a) The employer will pay an allowance of $9.42 per week to heads of departments required to supply their own tools. Other employees required to supply basic tools (limited to a hammer,brace/punch driver and wrench) will be paid an allowance of $0.97 per day.

    (b) Employees will be reimbursed the cost of all mechanical property or light requirements including torches. Provided that such reimbursement will not be payable where the employer provides all mechanical property or light requirements including torches.

44.2 Transmission or recording allowance

[44.2 substituted by PR508534 ppc 15Apr11;corrected by PR514179 ppc 15Apr11]

    (a) Where a performance is to be recorded or transmitted by any means,including but not limited to radio or television transmission or film,video or audio recording,and whether transmitted live or recorded for later transmission,exhibition,distribution or sale,all production employees who perform work on that performance will receive a recording allowance of 15.9% of the standard rate in addition to the rate they would otherwise have received for that performance,provided that:

      (i) The recording allowance will only be paid when the recording transmission takes place during a performance;

[44.2(a)(ii) varied by PR539129 ppc 22Jul13]

      (ii) One payment will only be made under the provisions of clause 44.2(a) even though recording of a production may take place over a series of performances;

[44.2(a)(iii) varied by PR539129 ppc 22Jul13]

      (iii) where a performance is recorded for sound only or transmitted by radio only,the provisions of clause 44.2(a) will apply to sound technicians only;

      (iv) the provisions of clause 44.2(a) will not apply to:

        ●extracts of a performance or performances which are recorded or transmitted for news,publicity or promotional purposes,including paid television or radio commercials for that performance or season of performances;

        ●a performance or performances which are recorded for training,educational or archival purposes,provided that the hirer undertakes in writing to the employer that such recordings will not be used for public broadcast,exhibition,distribution or sale;and

        ●occasions when the only purpose of the hiring is the recording or transmission of a performance,even though a non-paying audience may be present;

      (v) the recording allowance is not to be recorded as ordinary pay for the purpose of this award insofar as the calculation of overtime,penalty,shift and annual leave loading payments are concerned;or

[44.2(a)(vi) varied by PR539129 ppc 22Jul13]

      (vi) where the employer proposes an exclusion from payment of the recording allowance as provided for in clause 44.2(a)(iv),the employer will provide all production employees with seven days’notice of any such performance provided that where such recording or transmission is arranged with less than seven days’notice,all production employees will be provided with notice as soon as arrangements for the relevant recording or transmission are made.

44.3 Adjustment of expense related allowances

    (a) At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

[44.3(b) varied by PR523063 ppc 01Jul12]

    (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Tools and equipment allowance

    Tools and equipment for house and garden component of the household appliances,utensils and tools sub-group

   

45. Ordinary hours of work and rostering

[45 varied by PR506471]

45.1 Weekly employees

    (a) The ordinary hours of work for weekly employees will be 38 per week.

[45.1(b) varied by PR506471 ppc 02Mar11]

    (b) Ordinary hours may be worked on any of the days Monday through to and including Sunday between the hours of 7.00 am and 12 midnight. Provided that a Production &Support Staff employee engaged specifically as a cleaner may be rostered to work ordinary hours between 12 midnight and 7.00 am and will receive an additional loading of 20% of their ordinary hourly rate for such work.

    (c) The number of ordinary hours to be worked on any day will be a minimum of four hours and a maximum of 12 hours to be worked in no more than two periods,each period to be continuous except as to meal hours occurring therein.

    (d) Full-time employees will be entitled to two rostered days off work for every period of seven days,which will be consecutive wherever reasonably possible,provided that such rostered days off may by agreement accumulate up to a maximum of six days.

    (e) Weekly employees must be notified seven days in advance by the employer of their working shifts by means of a roster placed in the staff room for each employee’s perusal. At least seven days’notice must be given to the employee should any alteration of the working hours be intended,except in the case of emergency.

    (f) Cyclic rostering

      (i) The implementation of cyclic rostering (that is,working hours other than as provided for in clauses 45.1(a) to (e)) will be determined at the enterprise where the employer and the majority of employees concerned agree. The ordinary hours of work will be an average of 38 per week and will not exceed 152 hours over 28 consecutive days.

      (ii) Different arrangements may apply to different areas of operation within the enterprise.

      (iii) An agreement pursuant to clause 45.1(f)(i) will be recorded in writing and be available to all employees.

45.2 Casual employees

    (a) The ordinary hours of work for casual employees will be a minimum of three consecutive hours per day. Ordinary hours may be worked on any of the days Monday through to and including Sunday between the hours of 7.00 am and 12 midnight.

    (b) Casual employees are not paid per performance. Employees may be required to work on a number of performances during an engagement.

    (c) Where casual employees are required to work on the same day on at least three short performances (as defined),and there is a break between any two of the short performances of at least two hours,those employees will be paid a minimum call for each such performance of two hours.

46. Breaks

[Varied by PR998089,PR508534;PR536866 replaced by PR514179;varied by PR509233,PR523063,PR536866,PR551789,PR566890,PR579585,PR592337]

46.1 Weekly employees

[46.1 substituted by PR508534 replaced by PR514179 ppc 15Apr11]

    (a) Weekly employees,in the ordinary course of work,will be entitled to meal intervals as follows:

      (i) Lunch—one hour continuous between 12.00 noon and 3.00 pm;

      (ii) Dinner—one hour continuous between 5.00 pm and 8.00 pm;

      (iii) Supper—half an hour between 10.00 pm and 12.00 midnight.;and

      (iv) Breakfast—one hour continuous between 7.00 am and 9.00 am but for cleaners,half an hour between 8.00 am and 9.00 am.

    (b) The span of hours during which meal breaks may be taken may be varied where specific work requirements necessitate it.

    (c) Provided that those employees working during the preparation of a stage production for the period of seven days preceding the opening of the production will be paid at the rate of time and a half instead of the aforesaid double time except on Sundays when double time and a half will be paid.

    (d) No part of the time that should be allowed as a meal interval will be counted as part of the ordinary hours of work within the meaning of clause 45Ordinary hours of work and rostering.

46.2 Casual employees

[46.2 substituted by PR508534 replaced by PR514179 ppc 15Apr11]

    Casual employees who work for more than four hours will be entitled to a minimum meal break of 30 minutes.

46.3 All employees

[New 46.3 inserted by PR508534 replaced by PR514179 ppc 15Apr11]

    (a) In the event an employee is required to work more than five continuous hours without a suitable meal interval,the employee will be paid for the period which should be allowed as the meal interval at the rate of double time. This clause will not apply to employees engaged to work on a continuous shift roster.

    (b) Provided that those employees working during the preparation of a stage production for the period of seven days preceding the opening of the production will be paid at the rate of time and a half in lieu of the aforesaid double time except on Sundays when double time and a half will be paid.

    (c) No part of the time that should be allowed as a meal interval shall be counted as part of ordinary hours of work within the meaning of Clause 45Ordinary hours of work and rostering.

46.4 Meal allowance

[46.3 varied by PR998089;renumbered as 46.4 and substituted by PR508534 replaced by PR514179 ppc 15Apr11;varied by PR509233,PR523063,PR536866,PR551789,PR566890,PR579585,PR592337 ppc 01Jul17]

    (a) The employer will pay an employee (other than a cleaner) a meal allowance of $17.61 for each meal interval occurring before the employee’s finishing time where the employee has worked between 12 midnight and 8.00 am and who continues to work beyond 8.00 am. Provided that such meal allowance will not be payable where the employee commences work at or after 5.00 am.

    (b) The employer will pay an employee a meal allowance of $17.61 where the employee is required to work two performances back to back. Provided that such meal allowance will not be payable where the employer provides a suitable meal.

46.5 Adjustment of expense related allowances

[46.4 renumbered as 46.5 and substituted by PR508534 replaced by PR514179 ppc 15Apr11]

    (a) At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

    (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Meal allowance

    Take away and fast foods sub-group

   

47. Overtime and penalty rates

[Varied by PR506471,PR539129]

47.1 Weekly employees

    Weekly employees will receive overtime calculated to the nearest quarter of an hour as follows:

    (a) for all work performed in excess of the rostered daily hours—at the rate of time and a half for the first two hours and double time thereafter;

    (b) for all work performed on a rostered day off—at the rate of time and a half for the first four hours and double time thereafter;

    (c) for all the work performed in excess of the weekly total of hours—at the rate of time and a half;and

    (d) for part-time employees who perform work in excess of 38 ordinary hours per week—time and one half for the first two hours and double time thereafter.

47.2 Casual employees

    (a) A casual employee will receive overtime calculated to the nearest quarter of an hour.

    (b) A casual employee who works in excess of eight hours per day will be paid overtime at the rate of time and a half for the first two hours and double time thereafter.

    (c) A casual employee who works more than 38 hours (excluding overtime worked and paid on a daily basis) in any one week will be paid for all hours in excess of 38,time and a half for the first four hours and double time thereafter.

47.3 All employees

    (a) Where an employee is detained at work until it is too late to travel home by the last train,tram or other regular public conveyance,the employer will provide proper conveyance to the employee’s home for the employee so detained.

    (b) An employee will,wherever possible,be given 24 hours’notice that the employee is required to work all night after an evening performance.

[47.3(c) substituted by PR506471 ppc 02Mar11]

    (c) For all work performed between 12 midnight and 7.00 am except as provided in clause 45.1(b) –employees will be paid at the rate of double time.

    (d) An employee who works overtime on any day will be entitled to a break of 10 hours before resumption of work on the following day. Should such employee be required to resume work before the expiration of 10 hours the employee will be paid at the rate of double time until the employee is released from duty for such period.

47.4 Sundays

    (a) All employees who are required to commence work on a Sunday,whether part of an ordinary roster or work cycle,or not part of a roster cycle,or overtime,will be paid at the rate of double time,with a minimum payment for four hours.

[47.4(b) varied by PR539129 ppc 22Jul13]

    (b) Where an employee commences work on a Saturday and continues to work without a break on Sunday,the minimum four hour call for work performed on a Sunday as prescribed in clause 47.4(a) will not apply.

    (c) If an employee engaged by the week is required by the employer to travel on a Sunday,the employee will,unless paid in pursuance of clause 47.4(a) for working on a Sunday,be paid for travelling,1/10th of the prescribed per week rate in addition to the travelling allowance payable in respect of the Sunday.

47.5 Special overtime and penalty provisions for sound and/or lighting companies

    (a) Touring sound and/or lighting employees will receive a 17.5% penalty averaging component instead of overtime and penalty provisions for all purposes of this award.

    (b) Full-time factory sound and/or lighting employees will accrue time off instead of overtime at the rate of one hour for each hour worked in excess of the 152 hour work cycle.

47.6 Special overtime and penalty provision for crewing services employees

    A crewing services employee will receive a 52.5% penalty payment instead of overtime and penalty provisions for all purposes of this award for work between 11.00 pm and 6.00 am.

Schedule A—Transitional Provisions

[Varied by PR991590,PR503739]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

A.1.2 The provisions of this schedule are to be applied:

    (a) when there is a difference,in money or percentage terms,between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;

    (b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;

    (c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument;or

    (d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.

A.2 Minimum wages –existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.

A.2.2 In this clause minimum wage includes:

    (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

    (b) a piecework rate;and

    (c) any applicable industry allowance.

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3 Minimum wages –existing minimum wage higher

A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.

A.3.2 In this clause minimum wage includes:

    (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

    (b) a piecework rate;and

    (c) any applicable industry allowance.

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4 Loadings and penalty rates

    For the purposes of this schedule loading or penalty means a:

    ●casual or part-time loading;

    ●Saturday,Sunday,public holiday,evening or other penalty;

    ●shift allowance/penalty.

A.5 Loadings and penalty rates –existing loading or penalty rate lower

A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6 Loadings and penalty rates –existing loading or penalty rate higher

A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award,or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award,for any classification of employee.

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.

A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7 Loadings and penalty rates –no existing loading or penalty rate

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:

    First full pay period on or after

     

    1 July 2010

    20%

    1 July 2011

    40%

    1 July 2012

    60%

    1 July 2013

    80%

A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.8 Former Division 2B employers

[A.8 inserted by PR503739 ppc 01Jan11]

A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.

A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.

A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.

A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.

A.8.5 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.

A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B—Classifications

[Varied by PR991590,PR506471,PR539129]

B.1 Live Performance Employee Level 1

B.1.1 Production and Support Staff Level 1

    (a) A Production and Support Staff Level 1 employee is a trainee employee who is undertaking:

      (i) six weeks induction training in the case of a full-time or part-time employee;or

      (ii) 228 hours induction training in the case of a casual employee.

    (b) The induction training may include information on the enterprise or production,conditions of employment,introduction of supervisors and fellow workers,training and career path opportunities,venue/workshop/plant layout,work and documentation procedures,basic theatre terminology and etiquette,occupational health and safety,equal employment opportunity and quality control/assurance.

    (c) An employee at this level performs routine duties to the level of the employees training:

      (i) works under direct supervision either individually or in a team environment;

      (ii) understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;and

      (iii) understands and utilises basic literacy (English) and numeracy skills.

    (d) An employee at this level will undertake training in the following indicative tasks:

      (i) safely lift and handle scenery and props and/or equipment;

      (ii) uses selected hand tools;

      (iii) basic packing and storing techniques;

      (iv) repetition work on automatic,semiautomatic or single purpose machines or equipment;

      (v) maintains simple records;

      (vi) uses hand trolleys and pallet trucks;

      (vii) apply and comprehend basic theatre terminology and etiquette;

      (viii) performs general labouring and cleaning duties;

      (ix) communicate and interact effectively with staff;and

      (x) effective customer/client service.

B.2 Live Performance Employee Level 2

B.2.1 Production and Support Staff Level 2

    (a) A Production and Support Staff Level 2 is an employee who has completed the Level 1 induction training or possesses other equivalent experience so as to enable them to perform work within the scope of this level.

    (b) An employee at this level performs work above and beyond the skills of a Level 1 employee and to the level of the employee’s training:

      (i) is responsible for the quality of the work allocated to the employee subject to routine supervision;

      (ii) works under routine supervision either individually or in a team environment on a limited range of tasks;

      (iii) exercises discretion within the employees’level of skills and training;and

      (iv) makes decisions in regard to routine matters.

    (c) Indicative of the tasks which an employee at this level may perform,are the following:

      (i) operates flexibly between work areas;

      (ii) operates machinery and equipment within the employee’s level of skill and training;

      (iii) operates mobile equipment including fork-lifts,overhead cranes,tallescopes and winch operation;

      (iv) ability to measure accurately;

      (v) safely lift and handle scenery and props and/or equipment;

      (vi) receive,dispatch,distribute,sort,check,pack,document and record goods,materials and components;

      (vii) basic keyboard skills;

      (viii) telephonist,receptionist,cashier,administration and information services duties;

      (ix) laundry and/or dry-cleaning duties;

      (x) intermediate sewing skills and fabric knowledge,whether machine or non-machine,and knowledge of dying fabrics;

      (xi) cleaning duties using specialised equipment and chemicals;

      (xii) ushering,ticket taking,program/concession selling and food and beverage sales;

      (xiii) applies theatre terminology and etiquette;

      (xiv) painting and art finishing;

      (xv) dressing;and

      (xvi) costume decoration.

    (d) Indicative positions of this level include:

      (i) Basic Crowd Control

      (ii) Car Park Attendant

      (iii) Crewing Employee

      (iv) Mail Room Attendant

      (v) Program Seller

      (vi) Stage Door Attendant

      (vii) Stage Hand

      (viii) Theatre Attendant/Usher

      (ix) Ticket Seller (i.e. an employee required to deal with customer enquiries,sell tickets,handle and balance cash)

      (x) Turnstile Attendant

      (xi) Tour Guide

B.3 Live Performance Employee Level 3

B.3.1 Production and Support Staff Level 3

    (a) A Production and Support Staff Level 3 employee is an employee who applies knowledge and skills so as to enable that employee to perform work within the scope of this level,and may possess a sub-trade certificate.

    (b) An employee at this level performs work above and beyond the skills of an employee at Level 2 and to the level of the employees’training:

      (i) solves straightforward problems using readily available information;

      (ii) works to complex instructions and procedures;

      (iii) as a team member organises allocated materials and equipment in an efficient and effective manner or works individually under general supervision;

      (iv) is responsible for the work undertaken;and

      (v) assists in the provision of on-the-job training to a limited degree.

    (c) Indicative of the tasks which an employee at this level may perform are as follows:

      (i) uses precision measuring instruments;

      (ii) machine setting,loading and operation;

      (iii) rigging (certificated);

      (iv) pyrotechnics (certificated and licensed);

      (v) welding which requires the exercise of knowledge and skills above Level 2;

      (vi) inventory and store control;

      (vii) licensed operation of all appropriate materials/handling equipment;

      (viii) use of tools and equipment within the scope (basic non-trades) maintenance;

      (ix) computer operation at a higher level than that of an employee at Level 2;

      (x) intermediate keyboard and administrative skills;

      (xi) performs basic quality checks on the work of others;

      (xii) licensed and certificated for fork-lift,engine driving and crane driving operations to a higher level than Level 2;

      (xiii) stage door duties;

      (xiv) sewing and cutting skills and fabric knowledge,whether machine or non-machine at a level higher than Level 2;

[B.3.1(c)(xv) varied by PR539129 ppc 22Jul13]

      (xv) advanced lifting and scene/props handling skills;

[B.3.1(c)(xvi) varied by PR539129 ppc 22Jul13]

      (xvi) scenery,building and prop construction techniques above Level 2;

      (xvii) identifies and meets customer needs in a prompt and courteous manner;

      (xviii) the ability to work under limited supervision;

      (xix) reconciling and balancing cash and cash equivalents;and

      (xx) following all identified security procedures of all the employer’s clients.

    (d) Indicative positions of this level include:

      (i) Accounts Clerk

      (ii) Assistant Scenic Artist

      (iii) Booking Clerk

      (iv) Box Office Customer Service Representatives (CSR)

      (v) Call Centre CSR

      (vi) Dispatch Clerk

      (vii) Group Party Organiser

      (viii) Marketing Assistant

      (ix) Mechanist

      (x) Publicity Assistant

      (xi) Specialty Ticketing CSR

      (xii) Stage Door Supervisor

      (xiii) Unqualified Sound and/or Lighting Technician

B.4 Live Performance Employee Level 4

B.4.1 Production and Support Staff Level 4

    (a) A Production and Support Staff Level 4 employee is an employee who applies knowledge and skills so as to enable that employee to perform work within the scope of this level,and may possess a trade certificate.

    (b) An employee at this level performs work above and beyond the skills of an employee at Level 4 and to the level of the employees’training:

      (i) solves problems using readily available information;

      (ii) works to complex instructions and procedures;

      (iii) as a team member,organises allocated materials and equipment in an efficient and effective manner or works individually under general supervision;

      (iv) is responsible for the work undertaken;

      (v) assists in the provision of on-the-job training to a limited degree;

      (vi) the ability to work with minimum supervision;

      (vii) an ability to identify and resolve complex service issues;and

      (viii) well developed verbal communication skills.

    (c) Indicative of the tasks which an employee at this level may perform are as follows:

      (i) uses precision measuring instruments;

      (ii) machine setting,loading and operation;

      (iii) rigging (certificated);

      (iv) pyrotechnics (certificated and licensed);

      (v) welding which requires the exercise of knowledge and skills above Level 3;

      (vi) inventory and store control;

      (vii) licensed operation of all appropriate materials/handling equipment;

      (viii) use of tools and equipment within the scope;

      (ix) computer operation at a higher level than that of an employee at Level 3;

      (x) superior keyboard and administrative skills;

      (xi) in depth knowledge of ticketing systems and ticketing processes and procedures;

      (xii) the ability to use customer feedback on products and services to improve service by recommending change to systems and processes;

      (xiii) assisting with the day to day supervision of other team members;and

      (xiv) performs basic quality checks on the work of others.

    (d) Indicative positions of this level include:

      (i) Accounts Clerks

      (ii) Assistant Projectionist

      (iii) Scenic Artist

      (iv) Scheduling/Rostering Clerk

      (v) Sound and/or Lighting Technician

B.5 Live Performance Employee Level 5

B.5.1 Production and Support Staff Level 5/ Production &Support Staff Level 4 (Theatre)

    (a) A Production and Support Staff Level 5 employee is an employee who holds a trade certificate in a relevant discipline and is able to exercise the skill and knowledge of that trade or an employee who has acquired and can demonstrate the equivalent experience from on-the-job training in relevant theatrical discipline/s.

    (b) An employee at this level works above and beyond an employee at Level 4 and to the level of the employee’s training:

      (i) understands and applies quality control techniques;

      (ii) exercises good interpersonal and communications skills;

      (iii) exercises keyboard and administrative skills at a higher level than Level 4;

      (iv) exercises discretion within the scope of this grade;

      (v) performs work under limited supervision either individually or in a team environment;

      (vi) able to inspect products and/or materials for conformity with established operational standards;and

      (vii) operates all lifting equipment incidental to the employees’work.

    (c) Indicative of the tasks which an employee at this level may perform,are as follows:

      (i) works from production drawings,prints or plans;

      (ii) operates,maintains,sets-up and adjusts all facility and production equipment,including trade construction processes such as set/prop/electrical making;

      (iii) operate and maintain lifting equipment;

      (iv) assists in the provision of on-the-job training;

      (v) a fully multiskilled cutter/tailor/milliner/wigmaker who is required to perform any of the operations involved in the making of a complex whole garment to specifications;

      (vi) has an advanced understanding of theatre terminology,etiquette and theatre craft;

      (vii) perform a range of engineering maintenance functions;

      (viii) operates a console;and

      (ix) performs a range of administrative duties including production and publicity assistance.

    (d) Indicative positions of this level include:

      (i) Assistant Stage Manager

      (ii) Board Operator

      (iii) Experienced Mechanist

      (iv) Experienced Sound and/or Lighting Technician

      (v) Experienced Technician

      (vi) Food and Beverage Manager

      (vii) Head Fly Operator

      (viii) Prop Maker

      (ix) Tailor

      (x) Wig Maker

[B.5.1(d)(xi) to (xv) deleted by PR506471 ppc 02Mar11]

B.6 Live Performance Employee Level 6

B.6.1 Production and Support Staff Level 6/Production &Support Staff Level 5 (Theatre)

    (a) A Production and Support Staff Level 6 employee is an employee who holds a trade certificate or equivalent experience and has acquired and can demonstrate specialist knowledge of a variety of procedures and/or techniques gained by additional training or experience in the theatre industry.

    (b) A Production and Support Staff Level 6 employee is required to work above and beyond a tradesperson at Level 5 and to the level of the employee’s training:

      (i) exercises discretion within the scope of this grade;

      (ii) works under minimal supervision either as an individual or part of a team or as a team leader;

      (iii) understands and implements quality control techniques;

      (iv) provides trade guidance and assistance as part of a work team;

      (v) responsible for providing training in conjunction with trainers;

      (vi) exercises keyboard and administrative skill at a higher level than Level 5.

    (c) Indicative of the tasks which an employee at this level may perform,are as follows:

      (i) interprets detailed instructions and procedures for others;

[B.6.1(c)(ii) varied by PR539129 ppc 22Jul13

      (ii) ensures quality standards are met through consistency,timeliness,correctly following procedures,and responsiveness to the client’s needs;

      (iii) readily adapts to change in work procedures and associated technologies;

      (iv) may use innovation to resolve issues which impact on own work area.

    (d) Indicative positions of this level include:

      (i) Deputy Heads of Department

      (ii) Deputy Stage Manager

      (iii) Front of House Manager

      (iv) Publicity/Marketing Officer

[B.6.1(d)(v) to (xiv) deleted by PR506471 ppc 02Mar11]

B.7 Live Performance Employee Level 7

B.7.1 Company Dancer Level 1

    An employee in their first year as a professional dancer who has the appropriate training or equivalent experience and who is engaged to perform as a company member.

B.7.2 Performer Category 1 Grade 1

    (a) A performer with less than three years experience in the entertainment industry who is employed in theatrical productions performing as directed to an existing script or score choreography and who is required to exercise their artistic skills to a professional standard as required. An employee at this level will have appropriate qualifications or be able to demonstrate they possess skills of an equivalent standard.

    (b) Indicative tasks:

      (i) acting;

      (ii) singing;

      (iii) dancing;

      (iv) skating;

      (v) aquatic performing;

      (vi) understudying;and

      (vii) any other type of performing.

B.8 Live Performance Employee Level 8

B.8.1 Company Dancer Level 2

    A Level 2 employee is a dancer in their second year of professional experience,provided that:

    (a) in addition to professional experience or further training progression from one level to the next is also on the basis of evident competence on artistic grounds;and

    (b) in assessing experience the following will be taken into account:

      (i) The previous professional experience of the employee in Australia and overseas with subsidised and commercial companies and/or any further study or training undertaken since entry into the dance profession.

      (ii) The minimum period of time of employment in the year concerned is 36 weeks on a full-time basis or substantially equivalent.

B.8.2 Production and Support Staff Level 7/Production &Support Staff Level 6 (Theatre)

    (a) A Production and Support Staff Level 7 employee is an employee who holds a trade certificate or equivalent experience together with a relevant Post Trade Certificate or the equivalent skill and competence acquired through a significant period of professional experience in the theatre industry.

    (b) A Production and Support Staff Level 7 employee is required to work above and beyond a Level 6 employee and to the level of the employee’s training:

      (i) understands and implements quality control techniques;

      (ii) exercises discretion within the scope of this grade;

      (iii) provides overall supervision and co-ordination of resources and individuals and/or work teams within areas of responsibility;

      (iv) plans for and arranges training in procedural,technological change and systems for staff in the area of responsibility;

      (v) effectively handles work that is characterised by occasional peak periods and simultaneous handling of a variety of tasks,usually within one discipline,and with significant interruptions;

      (vi) determines priorities and monitors performance for own and teams work,to ensure the efficient and effective use of allocated resources;and

      (vii) demonstrates accountability and responsibility for enabling the achievement of business goals within budgetary guidelines.

    (c) The following indicative tasks which an employee at this level may perform are subject to the employee having appropriate trade and post trade training or equivalent experience to enable that employee to perform the particular indicative tasks:

      (i) demonstrates sound communication and/or liaison skills;

      (ii) demonstrates a good knowledge of relevant terminology;

      (iii) interprets and conveys instructions and procedures;

      (iv) reliably represents the work unit;

      (v) required to use innovation to resolve issues which impact on own work area;

[B.8.2(c)(vi) varied by PR539129 ppc 22Jul13]

      (vi) accountable for ensuring overall quality standards are met through the importance of consistency,timeliness,correctly following procedures,and responsiveness to the needs of the client;

      (vii) accountable for the selection and recruitment of staff;

      (viii) assesses work performance of staff;and

      (ix) responsible for occupational,health and safety.

    (d) Indicative positions of this level include:

      (i) Box Office Manager

      (ii) Event/Marketing Co-ordinator

      (iii) Heads of Departments

      (iv) Props Master

      (v) Scenic Artist

      (vi) Technical Supervisor

      (vii) Wardrobe Supervisor

[B.8.2(d)(viii) to (xiii) deleted by PR506471 ppc 02Mar11]

B.9 Live Performance Employee Level 9

B.9.1 Musician

    Musician not required to accompany artists.

B.9.2 Performer Category 1 Grade 2

    A performer with more than three years experience in the entertainment industry provided that the performer’s theatrical engagements over the three year period amount to 18 weeks employment or an equivalent amount of work in other areas,who is employed in theatrical productions and performs the same duties as set out above but at a standard above and beyond that of a Performer Category 1 Grade 1.

B.9.3 Performer Category 2

    (a) A performer who is employed as an act or part of an act in theatrical/live entertainment performances and who is responsible for the primary development of the work to be performed.

    (b) Indicative tasks are:

      (i) as per Category 1;and

      (ii) tasks relating to the development of the work to be performed,such as but not limited to:

        ●developing the script and concept for the performance;

        ●selecting the music;and

        ●generally determining the content and presentation of the performance.

B.10 Live Performance Employee Level 10

B.10.1 Company Dancer Level 3

    A Level 3 employee is a dancer in their third year of professional experience,provided that:

    (a) in addition to professional experience or further training progression from one level to the next is also on the basis of evident competence on artistic grounds;and

    (b) in assessing experience the following will be taken into account:

      (i) The previous professional experience of the employee in Australia and overseas with subsidised and commercial companies and/or any further study or training undertaken since entry into the dance profession.

      (ii) The minimum period of time of employment in the year concerned is 36 weeks on a full-time basis or substantially equivalent.

B.10.2 Production and Support Staff Level 8

    (a) A Production and Support Staff Level 8 employee is an employee who has obtained a relevant tertiary qualification together with extensive theatrical experience or equivalent skill and competence acquired through extensive theatrical experience.

    (b) In addition to the competencies and tasks performed by a Level 7 employee,a Production and Support Staff Level 8 employee works to the level of the employee’s training:

      (i) demonstrates effective and efficient use of production and/or organisational resources,by planning,implementing and monitoring achievement of objectives;

      (ii) responsible for the creating and maintaining of a high level of team work and co-operation and contributes to the overall good management of a production;and

      (iii) co-ordinates and controls either the overall performance activities or a variety of related disciplines.

    (c) The following indicative tasks which an employee at this level may perform are subject to the employee having appropriate trade and post trade training or equivalent experience to enable the employee to perform the particular indicative tasks:

      (i) provides advice and guidance to staff,management and clients;

      (ii) prepares correspondence,guidelines and reports;

      (iii) demonstrates superior communication and/or liaison skills;

      (iv) demonstrates superior knowledge of relevant terminology;

      (v) reliably represents the work unit;

      (vi) responsible for creative planning and the achievement of design standards;

      (vii) recognises the importance of consistency,timeliness,correctly following procedures,and responsiveness to the client’s needs;and

      (viii) demonstrates accountability and responsibility for enabling the achievement of business goals within budgetary guidelines.

    (d) Indicative positions of this level include:

      (i) Publicity/Marketing Supervisor

      (ii) Stage Manager

      (iii) Team Leaders—Call Centre

B.11 Live Performance Employee Level 11

B.11.1 Company Dancer Level 4

    (a) A Level 4 employee is a dancer in their fourth year of professional experience,provided that:

      (i) in addition to professional experience or further training progression from one level to the next is also on the basis of evident competence on artistic grounds;and

      (ii) in assessing experience the following will be taken into account:

        ●The previous professional experience of the employee in Australia and overseas with subsidised and commercial companies and/or any further study or training undertaken since entry into the dance profession.

        ●The minimum period of time of employment in the year concerned is 36 weeks on a full-time basis or substantially equivalent.

B.11.2 Musician required to accompany artists

B.11.3 Opera Principal

    A performer who is employed to undertake lead roles in opera and operetta.

B.12 Live Performance Employee Level 12

B.12.1 Company Dancer Level 5

    (a) A Level 5 employee is a dancer in their fifth and sixth years of professional experience.

    (b) In addition to professional experience or further training progression from one level to the next is also on the basis of evident competence on artistic grounds.

    (c) In assessing experience the following will be taken into account:

      (i) The previous professional experience of the employee in Australia and overseas with subsidised and commercial companies and/or any further study or training undertaken since entry into the dance profession.

      (ii) The minimum period of time of employment in the year concerned is 36 weeks on a full-time basis or substantially equivalent.

B.13 Live Performance Employee Level 13

B.13.1 Company Dancer Level 6

    A dancer who is in their seventh and eighth year of professional work and who demonstrates highly developed dance skills,interpretative skills,dramatic and presentational skills.

B.13.2 Technical Manager

B.14 Live Performance Employee Level 14

B.14.1 Company Dancer Level 7

    A dancer will progress from Level 6 to Level 7 when they fulfil the following criteria:

    (a) A minimum of eight years full-time professional experience or substantially equivalent,as defined,with advanced dance skills,interpretative skills and dramatic and presentational skills.

    (b) Ability to understudy and perform major roles and/or character roles on a regular basis or in the case of contemporary companies performing ensemble based repertoire,to perform solo or perform with a high degree of artistry as a member of the ensemble.

    (c) As required,demonstrate excellent partnering skills (either sex).

    (d) Demonstrate a high degree of professionalism in all that they do and at least one of the following as agreed between the employer and the employee:

      (i) Recognition that they possess a special quality of performance and interpretation of roles,such recognition to come from two of the following sources—industry peers,colleagues,media;

      (ii) Demonstrate and provide leadership;

      (iii) Ability to assist management with promotion of the company,either through personal appearances or by advice to management,upon reasonable request.

B.14.2 Principal Musician

B.14.3 Vocalist

B.15 Live Performance Employee Level 14

B.15.1 Conductor-Leader

Schedule C—Supported Wage System

[Varied by PR991590,PR994459,PR998748,PR510670,PR525068,PR537893,PR542201,PR551831,PR568050,PR581528,PR592689]

C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

[C.2 varied by PR568050 ppc 01Jul15]

C.2 In this schedule:

    approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system

    assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

    disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth),as amended from time to time,or any successor to that scheme

    relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged

    supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability,as documented in the Supported Wage System Handbook. The Handbook is available from the following website:www.jobaccess.gov.au

    SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate

C.3 Eligibility criteria

C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award,because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

C.4 Supported wage rates

C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause C.5)

%

Relevant minimum wage

%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

[C.4.2 varied by PR994459,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689 ppc 01Jul17]

C.4.2 Provided that the minimum amount payable must be not less than $84 per week.

C.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.

C.5 Assessment of capacity

C.5.1 For the purpose of establishing the percentage of the relevant minimum wage,the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor,having consulted the employer and employee and,if the employee so desires,a union which the employee is eligible to join.

C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement,and retained by the employer as a time and wages record in accordance with the Act.

C.6 Lodgement of SWS wage assessment agreement

[C.6.1 varied by PR542201 ppc 04Dec13]

C.6.1 All SWS wage assessment agreements under the conditions of this schedule,including the appropriate percentage of the relevant minimum wage to be paid to the employee,must be lodged by the employer with the Fair Work Commission.

[C.6.2 varied by PR542201 ppc 04Dec13]

C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment,the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

C.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

C.8 Other terms and conditions of employment

Where an assessment has been made,the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

C.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties,working time arrangements and work organisation in consultation with other workers in the area.

C.10 Trial period

C.10.1 In order for an adequate assessment of the employee’s capacity to be made,an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks,except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

[C.10.3 varied by PR994459,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689 ppc 01Jul17]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $84 per week.

C.10.4 Work trials should include induction or training as appropriate to the job being trialled.

C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period,a further contract of employment will be entered into based on the outcome of assessment under clause C.5.

Schedule D—School-based Apprentices

[Varied by PR991590]

D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.

D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.

D.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award,calculated hourly,will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.

D.4 For the purposes of clause D.3,where an apprentice is a full-time school student,the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.

D.5 A school-based apprentice must be allowed,over the duration of the apprenticeship,the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

D.6 For the purposes of this schedule,off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.

D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.

D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice.

D.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

D.10 If an apprentice converts from school-based to full-time,all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

Schedule E—National Training Wage

[Varied by PR991590,PR994459,PR997986,PR509112,PR522943,PR536746,PR545787,PR551669,PR566759,PR579862;deleted by PR593857 ppc 01Jul117]

Schedule F—2017 Part-day Public Holidays

[Sched F inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863,PR598110 ppc 04Dec17]

This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.

F.1 Where a part-day public holiday is declared or prescribed between 7.00pm and midnight on Christmas Eve (24 December 2017) or New Year’s Even (31 December 2017) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

    (a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.

    (b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00pm and midnight but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.

    (c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00pm and midnight but as a result of being on annual leave does not work,they will be taken not to be on annual leave between those hours of 7.00pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.

    (d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00pm and midnight,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.

    (e) Excluding annualised salaried employees to whom clause F.1(f) applies,where an employee works any hours between 7.00pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.

    (f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00pm and midnight.

    (g) An employee not rostered to work between 7.00pm and midnight,other than an employee who has exercised their right in accordance with clause F.1(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.

This schedule is not intended to detract from or supplement the NES.

This schedule is an interim provision and subject to further review.

Schedule G—Agreement to Take Annual Leave in Advance

[Sched G inserted by PR583025 ppc 29Jul16]

Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is:____ hours/days

The leave in advance will commence on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule H—Agreement to Cash Out Annual Leave

[Sched H inserted by PR583025 ppc 29Jul16]

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is:____ hours/days

The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

About this document
(1)
Code:
MA000081
Title:
Live Performance Award 2010
Effective:
4 Dec 2017
Updated:
4 Dec 2017
Instrument Type:
Modern Award
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1 Dec 2015
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