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Broadcasting, Recorded Entertainment and Cinemas Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771366).
Clause(s) affected by the most recent variation(s):
Table of Contents
[Varied by PR746868, PR747412, PR750436]
35. Hours of work—Announcers and Broadcaster/Journalists........................................ 65
39. Meal breaks—Announcers and Broadcaster/Journalists........................................... 67
47. Annualised wage arrangements—Journalist Grade 5 and above.............................. 76
Schedule J —Agreement for Time Off Instead of Payment for Overtime............................ 227
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Broadcasting, Recorded Entertainment and Cinemas Award 2020.
[Varied by PR733838]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance or loading, when calculating any penalties or loadings or payment while they are on annual leave (see clause 34.2(a)).
broadcasting, recorded entertainment and cinema industry has the meaning given in clause 4.2.
cadet means an employee who is constantly or regularly in training in the collection of and/or preparation of material for television or radio news services and current affairs programs.
call means a performance or rehearsal or recording session or a combination of any of these for a minimum of 3 hours’ duration.
[Definition of casual employee inserted by PR733838 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
cinema means any building or structure used for the purpose of exhibiting films commercially and includes a drive-in.
daylight shifts mean all on-air shifts starting between 4.00 am and 5.59 pm, Monday to Friday.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
indigenous employee means an employee who is an Aboriginal or Torres Strait Islander person.
journalist means an employee engaged in the gathering, writing or preparing of news matter or news commentaries.
juvenile means an artist who is less than 16 years of age.
metropolitan television station means a station that is operated by a metropolitan commercial television broadcasting licensee in accordance with the Broadcasting Services Act 1992 (Cth).
minimum hourly rate means the hourly rate for an employee’s classification as specified in clause 13—Classifications and minimum rates.
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 Act.
non-metropolitan television station means a station other than a metropolitan television station.
ordinary hourly rate means the minimum hourly rate for an employee’s classification as specified in clause 13—Classifications and minimum rates plus any all-purpose allowance or loading to which the employee is entitled.
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.
orchestra and/or band means a combination of musicians engaged to perform together.
standard rate means the minimum weekly rate for a Grade 5 entertainment employee in clause 13.3.
3. The National Employment Standards and this award
3.1 The NES and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
[Varied by PR729350, PR740777, PR762200]
4.2 Broadcasting, recorded entertainment and cinema industry means the production (including pre-production and post-production), broadcasting, distribution, showing, making available, and/or sale of audio and audio/visual content including but not limited to feature films, television programs (including series, serials, telemovies and mini-series), news, current affairs, sport, documentaries, video clips, digital video discs, television commercials, training films and the like whether for television exhibition, theatrical exhibition, sale to the public, digital media release or release in any other medium.
4.3 This award does not cover:
(a) news editors employed by a metropolitan television station; or
(b) employers covered by the following awards with respect to employees covered by the:
(i) Clerks—Private Sector Award 2020;
(ii) Journalists Published Media Award 2020;
(iii) Air Pilots Award 2020; or
(iv) Commercial Sales Award 2020.
4.4 The provisions of Part 2—Types of Employment and Classifications, Part 6—Termination of Employment and Redundancy and Part 9—Journalists (except for clauses 48.3, 52.2(b) and 52.2(c)) of this award will not apply to any journalist who would otherwise be covered by this award where:
(a) the employee is employed on a fixed term contract; and
[4.4(b) varied by PR729350, PR740777, PR762200 ppc 01Jul23]
(b) in the case of metropolitan television station, the employee is paid an annual salary not less than $110,742; or
[4.4(c) varied by PR729350, PR740777, PR762200 ppc 01Jul23]
(c) in the case of non-metropolitan television station, the employee is paid an annual salary not less than $89,838.
4.5 This award covers any employer which supplies labour on an on-hire basis in the broadcasting, recorded entertainment and cinema industry 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. Clause 4.5 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 broadcasting, recorded entertainment and cinema industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described are being performed. Clause 4.6 operates subject to the exclusions from coverage in this award.
4.7 This award does not cover:
(a) an employee excluded from award coverage by the Act;
(b) 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; or
(c) 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.
4.8 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 employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763296 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 26—Dispute resolution and/or under section 65B of the Act.
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
11.4 |
Casual employment – payment of wages |
An individual |
|
14.1 |
Payment of wages |
An individual |
|
17 |
Time off instead of payment for overtime |
An individual |
|
0 |
Annual leave in advance |
An individual |
|
18.11 |
Cashing out of annual leave |
An individual |
|
23.2(b) |
Public holidays – substitution |
An individual |
|
23.2(c) |
Public holidays – part-day – substitution |
An individual |
|
29.4 |
Television Broadcasting – ordinary hours of work and rostering |
The majority of employees |
|
30.1 |
Television Broadcasting – meal breaks |
An individual |
|
34.2(f)(v) |
Television Broadcasting – director’s loading |
An individual |
|
35.3(b) |
Radio Broadcasting – hours on air |
An individual |
|
39.3 |
Radio Broadcasting –announcers and broadcaster/journalists – meal breaks |
An individual |
|
40.3 |
Radio Broadcasting – technical staff – meal break during shift |
The majority of employees |
|
43.4 |
Radio Broadcasting– technical staff – overtime – meal break |
An individual |
|
47 |
Journalists – annualised salary |
An individual |
|
49.1 |
Journalists – rostering |
The majority of employees |
|
57.4(d) |
Cinemas – casual employment – payment of wages |
An individual |
|
61.3(a) |
Cinemas – consecutive hours off duty |
An individual |
|
77.1 |
Motion Picture Production – hours of work |
The majority of employees |
Part 2—Types of Employment and Classifications
8.1 At the time of engagement an employer will inform each employee in writing of the terms of their engagement and, in particular, whether they are to be full-time, part-time or casual.
8.2 Special provisions for employees in cinemas
Clauses 9—Full-time employees to 11.5 will not apply to employees in cinemas (see clause 57—Types of employment).
9.2 A full-time employee must be provided with a written statement setting out their classification, applicable pay scale and terms of engagement.
10.1 A part-time employee is an employee who:
(a) works less than 38 hours per week;
(b) has regular, reasonably predictable and continuous employment; and
(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
10.2 A part-time employee is entitled to receive the ordinary hourly rate for ordinary hours worked.
10.3 An employer is required to roster a part-time employee for a minimum of 4 consecutive hours on any day or shift.
10.4 At the time of engagement, the employer and the part-time employee will agree in writing on a regular pattern of work which specifies as a minimum:
(a) the hours worked each day including the starting and finishing time; and
(b) the days of the week the employee will work.
10.5 A copy of the agreement in clause 10.4 must be provided to the employee.
10.6 The terms of the agreement in clause 10.4 may be varied by consent. Any agreed variation to the pattern of work will be recorded in writing, with a copy of the variation provided to the employee.
10.7 All hours worked in excess of the hours as mutually arranged will be overtime and will be paid as such.
10.8 Despite clause 10.4, the hours of a television journalist may be altered by the employer giving the employee 7 days’ notice in writing, provided that there is no change to the total agreed number of ordinary hours of work.
[Varied by PR723872, PR733838, PR750436]
[11.1 substituted by PR733838 from 27Sep21]
11.1 An employer when engaging a casual must inform the employee that they are employed as a casual, their classification level and rate of pay.
[11.2 varied by PR750436 ppc 15Mar23]
11.2 A casual employee must be paid at the relevant minimum hourly rate plus a loading of 25%.
[Note inserted by PR750436 ppc 15Mar23]
NOTE: The casual loading is payable instead of entitlements from which casuals are excluded by the terms of this award and the NES. See Part 2-2 of the Act.
[New 11.3 inserted by PR723872 ppc 20Nov20]
11.3 When a casual employee works overtime, they must be paid the overtime rates in clauses 31, 42, 43, 55, 61, 68, 75 and 80.
[11.3 renumbered as 11.4 by PR723872 ppc 20Nov20]
[11.4 renumbered as 11.5 by PR723872 ppc 20Nov20]
11.6 Offers and requests for casual conversion
[11.5 renumbered as 11.6 by PR723872; renamed and substituted by PR733838 from 27Sep21]
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 26—Dispute resolution.
12.1 A journalist can be employed on a cadetship in accordance with clause 12.
12.2 The period of cadetship is as follows:
(c) A cadet who after 12 months’ or more employment completes an approved tertiary course is to be advanced to the final year of cadetship.
(d) Periods of training in journalism on any newspaper or in any radio or television station are to be taken into account in calculating the period of cadetship.
12.3 Cadet training requirements and related matters
(a) Cadets must be instructed progressively throughout their cadetship in practical journalism and a responsible person will supervise that training. Cadets must also be given the opportunity to acquire a full knowledge of the handling of news/current affairs from its collection to its broadcast/televising.
(b) A cadet must be given instruction and practical demonstrations in matters such as news presentation and sub-editing.
(c) A cadet must retain copies of material prepared by the cadet for checking by, and discussion with, the person responsible for cadet training.
(d) A cadet may be given explanations concerning changes to the material prepared by the cadet.
(e) A cadet is required to attend or study a series of lectures by senior journalists and/or other authorities on the theory and practices of journalism, such as lectures on the laws or practices currently in force on the subjects of libel, contempt of court, parliamentary and court privilege and also lectures on political and economic or other subjects of value to the cadet.
(f) Lectures given during study for a diploma of journalism course are deemed to be lectures for purposes of these requirements.
(g) A cadet must be tested from time to time to ascertain the level of knowledge of news and/or current affairs.
(h) A cadet must learn shorthand and typing and must be examined from time to time to determine the progress being made, subject to the following:
(ii) A cadet who commenced cadetship pursuant to clauses 12.2(a) or 12.2(b) is not entitled to be classified as a journalist without having obtained a minimum standard of 80 words per minute in shorthand.
(iii) An employer is in a particular case able to waive the attainment of the standards in clause 12.3(h)(i) and 12.3(h)(ii) as a condition of promotion to the next higher year of cadetship or to the classified staff.
(iv) Tuition in shorthand will be arranged by the employer either within or outside the office. Whether or not such tuition is given within the office, the person responsible for supervising that part of the training of a cadet must regularly monitor the progress being made by each cadet, and particularly whether or not the cadet’s record of attendance at classes is satisfactory.
(v) A cadet must be permitted by the employer to be absent during ordinary working hours for periods not exceeding a total of 4 hours in any week to attend instruction in shorthand and typing.
(i) A cadet must be given wide practical experience in reporting work. To this end a cadet will, so far as practicable, be required to gain experience in as many sections as possible.
(j) Cadets will from time to time accompany classified journalists on assignments to receive practical instruction.
(l) All lectures and other fees for the studies prescribed in clause 12.3(k) will be made available by the employer, provided that reports of the cadet’s conduct and progress are satisfactory.
13. Classifications and minimum rates
[Varied by PR730228, PR729350, PR733838, PR740777, PR749974, PR762200]
13.1 All employees covered by this award must be classified according to the structures set out in Schedule A—Television Broadcasting to Schedule G—Motion Picture Production and paid the minimum rates set out in clause 13 for their classification. Employers must advise their employees in writing of their classification and of any change to their classification.
For the purposes of clause 13 only, a common salary structure is adopted for the purposes of establishing minimum rates of pay. This structure is as follows:
(a) Grade 1 entertainment employee includes the following classifications:
[13.2(a) substituted by PR749974 ppc 30Jan23]
No classifications. The minimum rate for a Grade 1 entertainment employee is used for the purposes of calculating the adult cadet rates in clause 13.7 only.
(b) Grade 2 entertainment employee includes the following classifications:
Motion Picture Production Employee Level 1.
(c) Grade 3 entertainment employee includes the following classifications:
Motion Picture Production Employee Level 2.
(d) Grade 4 entertainment employee includes the following classifications:
Trainee (other than trainee director), Assistant Technician, Assistant Master Control Operator, Assistant Hair or Make-up Artist, Carpenter’s Assistant, Wardrobe Assistant/Keeper, Assistant Still Photographer (non-trade), Set and Prop Painter (non-trade) and Property Assistant/Studio Hand/Prop and Scenery Storeperson/Set Dresser, Trainee Captioner/Audio Describer—Television Broadcasting; Broadcast operator—Radio; Motion Picture Production Employee Level 3.
(e) Grade 5 entertainment employee includes the following classifications:
Technician B, Audio Operator B, Lighting Operator B, Master Control B, Videotape Operator, Camera Operator B, Producer/Director’s Assistant/VCG Operator, Assistant Floor Manager, Hair or Makeup Artist, Carpenter—Trade level, Wardrobe Person, Still Photographer (trade level), Set and Property Painter (trade) and Studio Hand A/Set Dresser A, Trainee Subtitler/Subtitling Editor—Television Broadcasting; Extra/Stand-in, double—Television Programs and Feature Films etc.; Technician—Radio; Motion Picture Production Employee Level 4.
(f) Grade 6 entertainment employee includes the following classifications:
Technician B+, Audio Operator B+, Lighting Operator B+, Master Control B+, Production Videotape Operator B, Vision Switcher, Assistant Presentation Co-ordinator, Music/Video Librarian, ENG Camera Assistant, Graphic Artist, Hair and Makeup Artist, Carpenter Trade Level—Television, Set Designer, Scenic Artist and Property Person/Senior Studioperson—Television Broadcasting.
(g) Grade 7 entertainment employee includes the following classifications:
Technician A, Audio Operator A, Lighting Operator A, Master Control Operator A, Camera Operator A, Senior ENG Camera Assistant, Floor Manager, Senior Make-Up Artist—Television Broadcasting; Production Videotape Operator A/Editor B; Announcer Class 2 and Senior Technician—Radio; Bit Player—Feature Films; Motion Picture Production Employee Level 5; Broadcaster/Journalist Class 2.
(h) Grade 8 entertainment employee includes the following classifications:
Technician A+, Audio Operator A/Audio Director, Lighting Operator A/Lighting Director, Master Control A+, Vision Switcher Major Production, Editor A and ENG Camera Operator B, Senior/Specialist Graphic Artist, Trainee Director, Trainee Producer, Producer/Director’s Assistant/VCG Operator Major Production, Make-Up Supervisor/Hairdresser Supervisor, Senior Carpenter and Wardrobe Supervisor, Captioner/Audio Describer—Television Broadcasting; Announcer Grade 1—Radio; Performer Grade 1—Feature Films; Broadcaster/Journalist Class 1.
(i) Grade 9 entertainment employee includes the following classifications:
Senior Technician B, Senior Audio Director B, Senior Lighting Director B, Senior MC Operator B, Senior Production Videotape Operator/Post-Production Editor B, Music/Video Library Supervisor, Senior Camera Operator B, Director, Floor Manager Major Production and Senior Set Designer—Television Broadcasting; Motion Picture Production Employee Level 6.
(j) Grade 10 entertainment employee includes the following classifications:
Presentation Co-ordinator—Television Broadcasting; Performer Grade 2—Television Programs and Feature Films Etc.; Engineer—Radio.
(k) Grade 11 entertainment employee includes the following classifications:
Senior Technician A, Senior Audio Director A, Senior Lighting Director A, Senior MC Operator A, Post-Production Editor A, Senior Camera Operator A, Senior Photographer, ENG Camera Operator A, Multi-skilled Captioner/Audio Describer—Television Broadcasting; Motion Picture Production Employee Level 7; Chief Engineer—Radio.
(l) Grade 12 entertainment employee includes the following classifications:
Senior Director, Senior ENG Camera Operator—Television Broadcasting.
(m) Grade 13 entertainment employee includes the following classifications:
Supervisor Audio, Supervisor Lighting, Supervising Presentation Co-ordinator, Supervisor Camera, Supervising Graphic Artist, Set Designer Supervisor—Television Broadcasting.
(n) Grade 14 entertainment employee includes the following classifications:
Supervising Technician B, Master Control Supervisor, Video Supervisor/Post-Production Senior Editor, Director Major Production/Specialist, Advanced Multi-skilled Captioner/Audio Describer—Television Broadcasting.
(o) Grade 15 entertainment employee includes the following classifications:
Supervising Technician A, Specialist ENG Camera Operator, Subtitler/Subtitling Editor and Captioner/Audio Describer Shift Leader or Trainer—Television Broadcasting.
(p) Grade 16 entertainment employee includes the following classifications:
Supervising Technician A+, Supervising ENG Camera Operator, Supervising Director—Television Broadcasting; Motion Picture Production Employee Level 8.
(q) Grade 17 entertainment employee includes the following classifications:
Motion Picture Production Employee Level 9.
(r) Grade 18 entertainment employee includes the following classifications:
Motion Picture Production Employee Level 10.
[13.3 varied by PR729350, PR740777; PR749974; PR749974 ppc 30Jan23, PR762200 ppc 01Jul23]
An employer must pay adult entertainment employees in the classifications in clause 13.2 the following minimum rates for ordinary hours worked by the employee (subject to the provisions of clause 13.8):
|
Classification level |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Grade 11 |
859.30 |
22.61 |
|
Grade 2 |
882.80 |
23.23 |
|
Grade 3 |
914.90 |
24.08 |
|
Grade 4 |
945.00 |
24.87 |
|
Grade 5 |
995.00 |
26.18 |
|
Grade 6 |
1026.20 |
27.01 |
|
Grade 7 |
1057.40 |
27.83 |
|
Grade 8 |
1085.60 |
28.57 |
|
Grade 9 |
1116.10 |
29.37 |
|
Grade 10 |
1140.70 |
30.02 |
|
Grade 11 |
1164.10 |
30.63 |
|
Grade 12 |
1195.30 |
31.46 |
|
Grade 13 |
1226.40 |
32.27 |
|
Grade 14 |
1242.20 |
32.69 |
|
Grade 15 |
1289.30 |
33.93 |
|
Grade 16 |
1345.70 |
35.41 |
|
Grade 17 |
1377.00 |
36.24 |
|
Grade 18 |
1439.60 |
37.88 |
[13.4 varied by PR730228, PR729350, PR740777, PR762200 ppc 01Jul23]
The minimum rates for employees in cinemas are calculated as follows:
|
Classifications |
Base rate per week |
8% penalty averaging per week |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
$ |
$ |
|
Cinema Worker Level 1 |
882.80 |
70.62 |
953.42 |
25.09 |
|
Cinema Worker Level 2 |
914.90 |
73.19 |
988.09 |
26.00 |
|
Cinema Worker Level 3 |
945.00 |
75.60 |
1020.60 |
26.86 |
|
Cinema Worker Level 4 |
995.00 |
79.60 |
1074.60 |
28.28 |
|
Cinema Worker Level 5 |
1057.40 |
84.59 |
1141.99 |
30.05 |
|
Cinema Worker Level 6 |
1085.60 |
86.85 |
1172.45 |
30.85 |
|
Cinema Worker Level 7 |
1116.10 |
89.29 |
1205.39 |
31.72 |
|
Zone Manager |
1116.10 |
89.29 |
1205.39 |
31.72 |
NOTE 1: Employees in cinemas receive the 8% penalty averaging component instead of Sunday penalty payments and as compensation for reduced public holiday penalties. See also clauses 18.2 and 61.4.
NOTE 2: Zone Managers receive an additional allowance in accordance with clause 62.2.
13.5 Junior employee rates
|
Years of age |
% of Grade 5 |
|
16 |
45 |
|
17 |
55 |
|
18 |
65 |
|
19 |
75 |
|
20 |
85 |
(b) Junior employees in cinemas will be paid the percentages set out at clause 13.5(a) of the minimum rate for a Cinema Worker Level 4 in clause 13.4.
(c) Clause 13.5(a) does not apply to the following junior employees:
(i) a junior engaged in putting a television station to air working as the only operator and without supervision;
(ii) a junior with 3 years’ full-time experience, or equivalent, in a television station;
(iii) a junior employed in motion picture production classification; or
(iv) musician classifications.
(d) Junior employees in clause 13.5(c) must be paid the adult minimum rate for the appropriate classification.
(e) Clauses 13.5(a), 13.5(c) and 13.5(d) do not apply to juveniles, as defined, in the performer classifications (including extras, double bit players). These performers will be paid at a rate of 50% of the adult minimum rate of the appropriate classification.
(f) Service as a junior will count as service in a trainee adult classification.
13.6 Journalist rates
[13.6 varied by PR729350, PR740777, PR762200 ppc 01Jul23]
|
Grade |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Band 1 |
|
|
|
Journalist Grade 1 |
1085.60 |
28.57 |
|
Journalist Grade 2 |
1164.10 |
30.63 |
|
Journalist Grade 3 |
1289.30 |
33.93 |
|
Journalist Grade 4 |
1345.70 |
35.41 |
|
Band 2 |
|
|
|
Journalist Grade 5 |
1408.50 |
37.07 |
|
Journalist Grade 6 |
1502.00 |
39.53 |
|
Journalist Grade 7 |
1595.90 |
42.00 |
|
Band 3 |
|
|
|
Journalist Grade 8 |
1642.90 |
43.23 |
The minimum weekly rates of cadets are calculated by applying the following percentages to the minimum weekly rate for a Journalist Grade 1, provided that an adult cadet will not be paid less than an Entertainment employee Grade 1.
|
Year of cadetship |
% of Journalist Grade 1 |
|
1st |
60 |
|
2nd |
75 |
|
3rd |
90 |
The minimum rates for performers are as follows. Minimum calls are subject to clause 64.3.
(a) Casual engagement—hourly rates (with a minimum call of four hours)
[13.8(a) varied by PR729350 ppc 01Jul21; renamed by PR733838 from 27Sep21; varied by PR740777, PR762200 ppc 01Jul23]
|
Classifications |
Hourly rate |
|
|
$ |
|
Extra (advertising productions) |
39.95 |
|
Extra (feature film) |
35.84 |
|
Extra/Stand-In Double (other content) |
32.63 |
|
Bit Player (content other than feature films and advertising productions) |
34.74 |
|
Performer not required to speak more than 2 lines of dialogue (feature film) |
47.89 |
|
Performer (advertising productions) |
48.45 |
(b) Daily rates
[13.8(b) varied by PR729350 ppc 01Jul21; renamed by PR733838 from 27Sep21; varied by PR740777, PR762200 ppc 01Jul23]
|
Classifications |
Daily rate |
|
|
$ |
|
Extra/Stand-In/Double |
238.80 |
|
Performer Class 1 (content other than feature film and advertising productions) |
260.61 |
|
Performer Class 1 (feature film) |
304.03 |
|
Performer Class 2 (content other than feature film and advertising productions) |
273.81 |
|
Performer Class 2 (feature film) |
319.43 |
(c) Weekly rates
[13.8(c) varied by PR729350 ppc 01Jul21; renamed by PR733838 from 27Sep21; varied by PR740777, PR762200 ppc 01Jul23]
|
Classifications |
Weekly rate (full-time employee) |
|
|
$ |
|
Stand-In/Double |
995.00 |
|
Bit Player |
1057.40 |
|
Performer Class 1 |
1085.60 |
|
Performer Class 2 |
1140.70 |
(d) Weekly rates in a serial drama or serial comedy
[13.8(d) varied by PR729350 ppc 01Jul21; renamed by PR733838 from 27Sep21; varied by PR740777, PR762200 ppc 01Jul23]
|
|
No. of episodes
in which work |
|||
|
Classifications |
1 or 2 |
3 |
4 |
5 |
|
|
$ |
$ |
$ |
$ |
|
Double |
995.00 |
1430.30 |
1865.60 |
2300.90 |
|
Bit Player |
1057.40 |
1520.00 |
1982.60 |
2445.20 |
|
Performer Class 1 |
1085.60 |
1560.60 |
2035.50 |
2510.50 |
|
Performer Class 2 |
1140.70 |
1639.80 |
2138.80 |
2637.90 |
NOTE: See clause H.2.3 for method of adjusting rates in clause 13.8(d).
13.9 Interviews, auditions and screen tests
(a) None of the provisions of this award apart from clause 13.9 will apply to an employee engaged solely for an interview, audition or screen test for a role in television or a feature film.
(b) No payment need be made for the first interview or audition or screen test.
[13.9(c) varied by PR729350, PR740777, PR762200 ppc 01Jul23]
(c) Minimum rates of pay for screen tests for television will be $82.09 or $68.16 if visual only.
[13.9(d) varied by PR729350, PR740777, PR762200 ppc 01Jul23]
(d) Minimum rates of pay for any other audition and/or screen test will be $37.41 per hour or part thereof with a minimum payment of one hour. For the purpose of calculating payment under this provision the performer will be deemed to have commenced the audition or screen test at the time of the artist’s call or the artist’s arrival time whichever is the later.
13.10 Post-synchronisation or additional dialogue
(a) A performer post-synchronising their own voice unless such work is carried out during the period of their engagement will be paid at the hourly rate, with a minimum call of 2.5 hours.
(b) A performer revoicing another performer’s voice, engaged by the hour for a minimum of 2.5 hours will be paid per hour 6.3% of the relevant minimum weekly artist’s rate set out in clause 13.8(c).
13.11 Musicians (other than session singer rates)
[13.11 varied by PR729350, PR740777, PR762200 ppc 01Jul23]
For a minimum call of 3 hours’ duration the minimum payment is:
|
|
$ |
|
|
Per engagement |
|
for a musician working in television broadcasting—performance |
137.08 |
|
for a musician working in television broadcasting—rehearsal |
103.70 |
|
for a musician working in records for sale to the public |
147.63 |
|
for a musician working in feature films, documentaries, telemovies or television mini-series |
201.02 |
13.12 Musicians (session singer rates)
[13.12 varied by PR729350, PR740777, PR762200 ppc 01Jul23]
For a minimum call of 3 hours’ duration the minimum payment is $243.94.
13.13 Higher duties
An employee (other than a journalist) engaged for half or more of one day on the duties of a higher classification must be paid the higher rate for the whole day.
13.14 Supported wage system
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule I—Supported Wage System.
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[13.15(b) varied by PR729350, PR740777, PR762200 ppc 01Jul23]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Broadcasting and Recorded Entertainment Award 2020 and not the Miscellaneous Award 2020.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
14.2 All amounts due to an employee in respect of work carried out during a week or fortnight must be paid to the employee within the succeeding 7 days.
14.3 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 14.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 14.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 14.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR729350, PR729534, PR740777, PR740940, PR762200, PR762367]
15.1 Employers must pay to an employee the allowances the employee is entitled to under clause 15. (Other allowances may be payable under clauses 34, 46, 52, 62, 66, 74 and 83).
NOTE: See Schedule H—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
Where an employer appoints an appropriately qualified employee as a first aid attendant the employee will be paid an allowance of:
[15.2(a)(i) varied by PR729350, PR740777, PR762200 ppc 01Jul23]
(i) $19.90 per week for full-time employees; or
[15.2(a)(ii) varied by PR729350, PR740777, PR762200 ppc 01Jul23]
(ii) $0.52 per hour for part-time and casual employees (up to a maximum of $19.90 per week).
[15.2(b)(i) varied by PR729350, PR740777, PR762200 ppc 01Jul23]
· Level 1—$1588.62 per annum
Level 1 is an elementary level. This level is appropriate for employees who are capable of using a minimal knowledge of language for general communication.
· Level 2—$3180.42 per annum
Level 2 represents a level of ability for the ordinary purpose of general business, conversation, reading, writing and production.
15.3 Expense-related allowances
[15.3(a)(i) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
[15.3(a)(ii) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
(b) Working late and working early
(i) If an employee not permanently employed on night work is engaged until a time when the ordinary means of public transport are not available, or is required to start work before their normal means of transport are available, they will be reimbursed the necessary expense of transport to or from their home, or transport will be provided by the employer.
(ii) Clause 15.3(b) does not apply to:
· non-metropolitan television stations or their employees; or
· an employee where clause 34.3(b) applies.
Where an employee is responsible for the laundering and/or cleaning of a uniform the employer will pay the employee an allowance of $1.51 per rostered day up to a maximum of $7.41 per week.
(d) Telephone rental allowance
If the employer requires an employee to have a telephone (including mobile or fixed line) the employer must reimburse the employee for the rental cost.
(e) Tools of trade
(i) Where the employer requires the employee to provide any tools for the performance of their work, the employer must reimburse the employee the cost of purchasing the tools.
(ii) Where any tools supplied or paid for by the employer are lost through the negligence of the employee the cost of their replacement may be deducted from the employee’s wage.
Where an employee is required by law to wear protective clothing and the employee purchases the clothing the employer must reimburse the employee for the cost of purchase.
[Varied by PR771366]
16.1 Superannuation legislation
[16.1 substituted by PR771366 ppc 09Apr24]
(a) The NES and 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), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 16 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
(b) Despite the provisions of clause 16.2(a) an employer must also make superannuation contributions to a superannuation fund on behalf of a performer (excluding extras, doubles and stand-ins) between the ages of 16 and 18 as if the performer were 18 if:
(i) the juvenile is engaged on a 12 week contract or longer;
(ii) the juvenile has been employed in the broadcasting and recorded entertainment industry for a minimum of six professional engagements; or
(iii) the juvenile has been employed in the entertainment industry for a minimum of 30 days.
16.3 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 16.2.
(c) The employer must pay the amount authorised under clauses 16.3(a) or 16.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 16.3(a) or 16.3(b) was made.
16.4 Superannuation fund
[16.4 varied by PR771366 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clauses 16.2(a) and 16.2(b) to another superannuation fund, the employer must make the superannuation contributions provided for in clauses 16.2(a) and 16.2(b) and pay any amount authorised under clauses 16.3(a) or 16.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) AustralianSuper;
(b) Media Super;
(c) 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 superannuation scheme; or
(d) a superannuation fund or scheme which the employee is a defined benefit member of.
17. Time off instead of payment for overtime
[Varied by PR763296]
17.1 An employee and employer may agree to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
17.3 For employees other than employees in cinemas (where the relevant overtime is performed on a Sunday or public holidays) an agreement under clause 17 must be made in writing and must state each of the following:
(a) the number of overtime hours to which it applies and when those hours are worked;
(b) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(d) that any payment mentioned in clause 17.3(c) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 17 is set out at Schedule J—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule J—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 17 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
17.4 The period of time off that an employee is entitled to take is:
(a) for employees in cinemas (where the relevant overtime is performed on a Sunday or public holidays) and radio broadcasting technical staff—equivalent to the overtime payment that would have been made; and
EXAMPLE: By making an agreement under clause 17 an employee who worked 2 overtime hours at 150% is entitled to 3 hours’ time off.
(b) for all other employees and employees in cinemas (where the relevant overtime is performed other than on a Sunday or public holidays)—the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 17 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(a) within the period of 6 months after the overtime is worked; and
(b) at a time or times within that period of 6 months agreed by the employee and employer.
17.6 If the employee requests at any time, to be paid for overtime covered by an agreement under clause but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
17.7 If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 17.5, the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
17.8 The employer must keep a copy of any agreement under clause 17 as an employee record.
17.9 An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
17.10 An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 17 will apply, including the requirement for separate written agreements under clause 17.2 for overtime that has been worked.
[Note varied by PR763296 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
17.11 If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 17 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 17.
Part 4—Leave and Public Holidays
[Varied by PR747412, PR751098]
18.1 Annual leave is provided for in the NES.
|
Number of days worked |
Additional leave |
|
Between 6 and 8 days inclusive |
1 day |
|
Between 9 and 11 days inclusive |
2 days |
|
Between 12 and 14 days inclusive |
3 days |
|
Between 15 and 17 days inclusive |
4 days |
|
18 days or more |
5 days |
NOTE: section 87(1)(b) of the Act does not apply as employees under clause 18 are not defined or described as shiftworkers for the purposes of the NES.
Before the start of the employee’s annual leave the employer must pay the employee:
(a) Subject to clauses 32.1(d) and 32.2(d), instead of the base rate of pay referred to in section 90(1) of the Act, the amount the employee would have earned for working their normal hours, exclusive of overtime had they not been on leave; and
(b) An additional loading of 17.5% of the relevant minimum wage for their classification as set out in this award.
18.4 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 18, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
18.5 Special annual leave provisions for Journalists
(a) Journalists are required to work on public holidays (other than Christmas Day and Good Friday) at ordinary rates of pay and are entitled to an extra 2 weeks’ annual leave.
[18.5(b) varied by PR747412 ppc 14Nov22]
(b) If a journalist is not required to work on a particular public holiday, the employer must notify the employee at least 14 days prior to the public holiday and that day will be an annual leave day or part-day.
(c) Should Christmas Day or Good Friday fall during an employee’s annual leave, the employee will be allowed an extra day’s annual leave or be paid at 200% of the ordinary rate for one day.
NOTE: Section 87(1)(b) of the Act does not apply as employees under clause 18.5 are not shiftworkers for the purposes of the NES.
18.6 Direction to take annual leave during shutdown
[18.6 renamed and substituted by PR751098 ppc 01May23]
(a) Clause 18.6 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 18.6(b) and who will be affected by that period as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 18.6(d):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under clause 18.6(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 18.6(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 18.7.
(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 18.7, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 18.8 to 18.10 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 18.6.
(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 18.7 is set out at Schedule K—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule K—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 18.7 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 18.7, 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.
18.8 Excessive leave accruals: general provision
NOTE: Clauses 18.8 to 18.10 contain provisions, additional to the NES, 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 Act.
(c) Clause 18.9 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 18.10 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
18.9 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 18.8(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 clause 18.9(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 18.8, 18.9 or 18.10 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 clause 18.9(a) that is in effect.
(d) An employee to whom a direction has been given under clause 18.9(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 clause 18.9(d) may result in the direction ceasing to have effect. See clause 18.9(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
18.10 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 18.8(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 clause 18.10(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 18.9(a) that, when any other paid annual leave arrangements (whether made under clause 18.8, 18.9 or 18.10 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 clause 18.10(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 18.8, 18.9 or 18.10 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 clause 18.10(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 clause 18.10(a).
18.11 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 18.11.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 18.11.
(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 18.11 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 18.11 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 18.11 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 18.11.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 18.11.
NOTE 3: An example of the type of agreement required by clause 18.11 is set out at Schedule L—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule L—Agreement to Cash Out Annual Leave.
19. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
20. Parental leave and related entitlements
[20 varied by PR763296 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 26—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
22. Family and domestic violence leave
[22—Unpaid family and domestic violence leave renamed and substituted by PR750436 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR747412]
23.1 Public holiday entitlements are provided for in the NES.
23.2 Except as otherwise provided for in this award:
(a) An employee (other than a journalist or a cinema employee) required to work on a public holiday will be paid:
(i) 250% of the ordinary rate with a minimum payment of 4 hours; or
(ii) be provided with an additional day off work.
(b) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(c) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
[Note deleted by PR747412 ppc 14Nov22]
23.3 Part-day public holidays
[23.3 substituted by PR747412 ppc 14Nov22]
(a) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 23.2(a)(i).
(b) If a public holiday is a part-day public holiday, then clause 23.2(a)(ii) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
Part 5—Consultation and Dispute Resolution
24. Consultation about major workplace change
24.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
24.2 For the purposes of the discussion under clause 24.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
24.3 Clause 24.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
24.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 24.1(b).
24.5 In clause 24 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
24.6 Where this award makes provision for alteration of any of the matters defined at clause 24.5, such alteration is taken not to have significant effect.
25. Consultation about changes to rosters or hours of work
25.1 Clause 25 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
25.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 25.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
25.4 The employer must consider any views given under clause 25.3(b).
25.5 Clause 25 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763296]
26.1 Clause 26 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
26.3 If the dispute is not resolved through discussion as mentioned in clause 26.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
26.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 26.2 and 26.3, a party to the dispute may refer it to the Fair Work Commission.
26.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
26.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
26.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 26.
26.8 While procedures are being followed under clause 26 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
26.9 Clause 26.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763296 ppc 01Aug23]
NOTE 1: In addition to clause 26, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.
[Note 2 inserted by PR763296 ppc 01Aug23]
NOTE 2: In addition to clause 26, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.
Part 6—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
27.1 Notice of termination by an employee
(a) Clause 27.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 27.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 27.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 27.1(b), then no deduction can be made under clause 27.1(d).
(f) Any deduction made under clause 27.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 27.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
28.1 Transfer to lower paid duties on redundancy
(a) Clause 28.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 28.1(c).
(c) If the employer acts as mentioned in clause 28.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
28.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 28 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
28.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 28.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 28.3(b).
(d) An employee who fails to produce proof when required under clause 28.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 27.2.
Part 7—Television Broadcasting
Part 7 applies to those employees performing work in the classifications contained in Schedule A—Television Broadcasting.
29. Ordinary hours of work and rostering
[Varied by PR747412]
29.1 The ordinary hours of work for television broadcasting employees will be an average of 38 hours per week to be worked on any day of the week in accordance with clauses 29.2, 29.3 or 29.4.
29.3 The employer may, after consultation with employees in a relevant division, section or unit at the workplace, implement a roster period of 28 consecutive days, within which employees will have 9 days off work, comprised of 8 clear days off as provided for in clause 29.5, plus an additional day off (an accrued day off). Provided that:
(a) The employer must designate one of the 9 days off work as an accrued day off.
(b) For work performed on an accrued day off only and where there is no agreement to bank the accrued day off, an employee will be entitled to be paid overtime at 200% of the ordinary hourly rate for all time worked or 250% of the ordinary hourly rate for all time worked on a public holiday (with a minimum payment of 4 hours), and the provisions of clause 29.2 will not apply.
(c) During the 28 day roster period a minimum of 2 days off will be rostered consecutively.
(d) The daily spread of ordinary time hours available for the roster period set out in clause 29.3 will be a minimum of 6 and a maximum of 10 hours in any one day or shift.
29.4 By agreement between the employer and the majority of employees in a division, section or unit of the workplace any arrangement for working ordinary hours, in substitution for the arrangements set out in clauses 29.2 and 29.3, will be implemented subject to:
(a) no more than 152 ordinary hours being worked in a 28 day roster period;
(b) the ordinary daily spread of continuous hours being a minimum of 4 and a maximum of 12; and
(c) employees receiving at least 9 days off in a 28 day roster period.
(a) The ordinary weekly hours of work will be worked so that each employee will be given 2 clear days off work each week.
(b) Where the 38 hour week is implemented in a manner specified in clauses 29.3 or 29.4 the employees of a division, section or unit may agree with their employer to bank up to a maximum of 5 days off to be taken at a mutually agreed time. If an accrued day off remains untaken at the time of an employee’s termination it will be paid.
(a) All rosters must specify the starting and finishing times of the ordinary hours of work of shifts for each employee.
(b) The rosters will be posted at the station concerned at least 7 clear days before they come into operation, provided that:
(i) a roster may be departed from at short notice in cases of emergency over which the employer has no control; and
(ii) an employee who receives less than 7 days’ notice of a change of roster will be paid at the rate specified in clause 31.2 for all time worked during the first shift resulting from the change that falls outside their rostered shift.
(c) For the purposes of clause 29.6, 7 clear days’ notice of change is calculated so that 7 clear days’ notice expires no later than midnight before the day on which the shift to be changed is rostered.
(d) Changes to rosters must be in accordance with clause 25—Consultation about changes to rosters or hours of work (where applicable).
(e) With the approval of the supervisor in charge of the department or section concerned, employees may exchange shifts or days off or to perform duty for other employees, provided that any excess hours worked will not involve the employer in overtime payments.
(f) Where an employee’s rostered day off falls on a public holiday, the employee must:
(i) receive an additional day off;
(ii) receive an additional day added to their annual leave; or
(iii) be paid an additional day’s pay instead, if agreed between the employer and the employee.
[29.6(g) inserted by PR747412 ppc 14Nov22]
(g) If a public holiday is a part-day public holiday, then clause 29.6(f) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
30.2 If an employee is directed to continue work after the time the meal period in clause 30.1 became due, work performed from this time until the meal period is allowed must be paid for:
(a) weekdays—150% of the ordinary hourly rate;
(b) Saturday and Sunday—200% of the ordinary hourly rate; and
(c) public holidays—250% of the ordinary hourly rate.
30.3 Clause 30.2 does not apply in the following circumstances:
(a) Transmitter Technicians—where the transmitter is remotely located and where only one technician is on duty;
(c) At weekends—when only one team is rostered for duty, providing that the exception in studio operations in clause 30.3(b) will apply;
(d) Solus Operator—where the transmission from the studios is performed by a solus operator;
(e) Production—those employees of the production crew who find it essential to eat on the job due to the nature of the work, providing that the meal break must be taken unless the work required is absolutely unavoidable; or
(f) Outside broadcasts—where the taking of the second or subsequent meal break would unnecessarily delay the finishing time of the work, provided that the work can be finished within 2 hours of such meal break becoming due and the employees decide in favour of foregoing the meal period,
except that where it is permissible and practicable to eat on the job, the penalties will be payable in respect of the meal period only.
30.4 Where it is necessary for an employee to remain on-call during the meal period, that period must be counted as time worked.
30.5 Where an employee is required to perform work when on-call during the meal period the employee must be paid:
(a) for all time worked on Monday to Friday inclusive—150% of the ordinary hourly rate;
(b) for time worked on Saturday or Sunday—200% of the ordinary hourly rate; and
(c) for time worked on a public holiday—250% of the ordinary hourly rate.
30.6 No employee performing work as Captioners/Audio Describers and Subtitlers/ Subtitling Editors in the classifications for that work contained in clause A.1.23 will be required to work on a visual display terminal for more than 2 hours without a break. Each employee is entitled to a 10 minute break in respect of each such 2 hour period worked. (This time shall count as time worked).
[Varied by PR723872, PR747412]
[Note inserted by PR723872 ppc 20Nov20]
NOTE: The overtime rates for casual employees in clause 31 have been calculated by adding the casual loading prescribed by clause 11.2 to the ordinary hourly rate before applying the overtime rates prescribed for full-time and part-time employees.
31.1 The hourly rate for overtime purposes is to be calculated by dividing the relevant minimum weekly rate by 38.
[31.2 substituted by PR723872 ppc 20Nov20]
31.2 All time worked in excess of the ordinary hours is overtime and must be paid for as follows:
(a) Full-time and part-time employees
(i) Monday to Friday—150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after 2 hours;
(ii) Saturday—175% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after 2 hours;
(iii) Sunday—200% of the ordinary hourly rate; and
(iv) Public holiday—250% of the ordinary hourly rate.
(b) Casual employees
(i) Monday to Friday—187.5% of the ordinary hourly rate for the first 2 hours and 250% of the ordinary hourly rate after 2 hours;
(ii) Saturday—218.75% of the ordinary hourly rate for the first 2 hours and 250% of the ordinary hourly rate after 2 hours;
(iii) Sunday—250% of the ordinary hourly rate; and
(iv) Public holiday—312.5% of the ordinary hourly rate.
31.3 Where an employee is specifically brought in to work overtime on a Saturday, Sunday or public holiday, the minimum payment must be for 4 hours of work.
[31.6 substituted by PR723872 ppc 20Nov20]
31.6 Except in the case of overtime worked under clause 31.5, where an employee having completed work and having left the place of work is recalled for work, not continuous with the next rostered shift, the employee must be paid overtime at the following rates with a minimum of 2 hours’ payment:
(a) for a full-time or part-time employee—200% of the ordinary hourly rate; or
(b) for a casual employee—250% of the ordinary hourly rate.
31.7 An employee who finishes overtime work at a time when reasonable means of transport are not available must either be provided with transport to their home or be paid at the overtime rate for the time reasonably required to reach their home after completing the overtime.
[31.8 substituted by PR723872 ppc 20Nov20]
31.8 An employee is entitled to a minimum break of 10 hours between the finish of work on one day and the start of work on the next day. If the employer requires an employee to resume work without such a break, the employee must be paid at the following rates for all time worked until they have had a break of at least 10 hours:
(a) for a full-time or part-time employee—200% of the ordinary hourly rate; or
(b) for a casual employee—250% of the ordinary hourly rate.
31.9 Work performed on part-day public holidays
[31.9 inserted by PR747412 ppc 14Nov22]
Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of any minimum payment/engagement period in clause 31.
32. Shift and weekend penalties
(a) Subject to the provisions of clause 32.1(c) an employee who works a rostered shift which finishes after 7.00 pm or a shift which finishes at or before 7.00 am on any day must be paid for that shift 15% more than their ordinary rate of pay.
(b) Subject to the provisions of clause 32.1(c) an employee who works a rostered shift which begins before 7.00 am on any day must be paid for that shift 15% more than their ordinary rate of pay.
(d) The shift duty allowance in clause 32.1 must not be taken into account in calculating the additional rates prescribed for overtime, Saturday or Sunday work, work on public holidays, any payment for personal leave, or annual leave.
(e) Employees performing work as Captioners/Audio Describers and Subtitlers/Subtitling Editors in the classifications for that work contained in clause A.1.23 will receive a penalty for all work on a shift commencing after 12.00 pm (noon) and before 6.00 pm and of at least 7 hours duration of 17%.
All ordinary time worked on a rostered shift as part of ordinary rostered hours between midnight on Friday and midnight on Saturday must be paid for at 150% of the ordinary hourly rate.
All ordinary time worked on a rostered shift as part of ordinary rostered hours between midnight on Saturday and midnight on Sunday must be paid for at 175% of the ordinary hourly rate.
(c) The extra rates prescribed in clauses 32.2(a) and 32.2(b) must be in addition to the shift duty allowance prescribed by clause 32.1.
(d) The extra rates prescribed in clauses 32.2(a) and 32.2(b) must not be taken into account in calculating any payment for annual leave.
33. Extra rates of pay not cumulative
The rates prescribed as payments additional to minimum ordinary weekly rates must not be cumulative so as to exceed the maximum of 200% of the ordinary hourly rate except on public holidays when the maximum rate must be 250% of the ordinary hourly rate.
[Varied by PR729350, PR729534, PR740777, PR740940, PR762200, PR762367]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
34.1 Employers must pay to an employee the allowances the employee is entitled to under clause 34.
NOTE: See Schedule H—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:
(i) Broadcast Operator’s Certificate of Proficiency (BOCP) allowance (clause 34.2(b));
(ii) Television Operator’s Certificate of Proficiency (TVOCP) allowance (clause 34.2(c));
(iii) Maintenance allowance (clause 34.2(d));
(iv) Properties allowance (clause 34.2(e));
(v) Director’s loading (clause 34.2(f));
(vi) Videotape post-production allowance (clause 34.2(g));
(vii) Videotape editing allowance (clause 34.2(h)).
(b) Broadcast Operator’s Certificate of Proficiency (BOCP) allowance
[34.2(b) varied by PR729350, PR740777, PR762200 ppc 01Jul23]
A Technician, Audio, Lighting, Master Control, On-Air Presentation or Videotape employee with the BOCP qualification or with one of the following equivalent qualifications:
(i) a qualification prescribed by the former Department of Communications as a prerequisite for a candidate for examination for the Television Operator’s Certificate of Proficiency;
(ii) a qualification as an electrical tradesperson;
(iii) an Electronics and Communications Certificate, without the Television Strand;
(iv) any other qualification recognised by the employer as equivalent to the BOCP; or
(v) any other trade certificate or diploma,
must be paid a weekly allowance of $17.91 for all purposes where the qualification is required for the performance of their duties.
(c) Television Operator’s Certificate of Proficiency (TVOCP) allowance
[34.2(c) varied by PR729350, PR740777, PR762200 ppc 01Jul23]
A Technician, Audio, Lighting, Master Control, On-Air Presentation or Videotape employee with the TVOCP or with one of the following equivalent qualifications:
(i) an Electronics and Communications Certificate with the Television Strand;
(ii) any other completed formal qualification which is generally recognised in the industry provided that the course accreditation level is higher than the BOCP (or any of its post trade equivalents) and the employer requires the employee to apply the skills acquired, in the course of their employment; or
(iii) a formal qualification for digital television accredited to a level higher than the BOCP (or any of its post trade equivalents),
must be paid a weekly allowance of $34.73 for all purposes in addition to the BOCP allowance prescribed in clause 34.2(b) where the skills acquired are used in the course of their employment.
A Technician Audio, Lighting Master Control or Videotape employee will be paid an allowance of 6% of the relevant minimum weekly rate for all purposes of this award where the employee is required to be capable of and responsible for effecting maintenance of electronic television equipment.
A Properties employee responsible for flying scenery or employed as a crane tracker or tonger will receive an allowance of 10% of the relevant minimum hourly rate per shift for all purposes.
(i) A Director classified as Supervising Director, Director/Specialist or Senior Director will be paid the Director’s loading of 25% of the minimum rate per week for their classification.
(ii) The Director’s loading exempts the director from the operation of:
· clause 18.3—Annual leave loading;
· clause 29—Ordinary hours of work and rostering;
· clause 30.2—Meal break penalty;
· clause 31—Overtime (except for clause 31.5); and
· clause 32—Shift and weekend penalties.
(iii) The Director will be given 2 clear days off work in each week.
(iv) The Director’s loading is part of the employee’s rate of pay and accordingly is paid for all purposes of the award.
(v) If by written agreement between the employee and employer the loading is not paid, the prescribed minimum rate per week will be paid. In such cases the exemption from the operation of award provisions in clause 34.2(f)(ii) will not apply.
(vi) Director or Trainee Director
A Director classified as Director or Trainee Director will not be paid the Director’s loading and will not be exempt from the operation of award provisions in clause 34.2(f)(ii). If by written agreement between the director and employer the loading is paid the exemption from the operation of award provisions in clause 34.2(f)(ii) will apply.
(g) Videotape post-production allowance
(i) A Technician Audio, Lighting, Master Control or Videotape employee who is capable of and who performs videotape post-production work, which requires:
· the use of complex computer editing equipment which controls vision switching functions and which in addition, may control special effects generators, audio switching equipment and other vision sources; and
· the exercise of judgment in the selection of edit points,
will be paid an allowance of 10% of the rate of pay prescribed by this award for the classification in which the employee is classified under the award.
(ii) This allowance is, where applicable, part of the employee’s rate of pay and is paid for all purposes of the award.
(h) Videotape editing allowance
(i) A Technician, Audio, Lighting, Master Control or Videotape employee who is capable of and who:
· performs the work of the compilation of program material which requires the use of an external edit controller controlling 3 or more videotape machines; and/or
· who exercises videotape editing techniques and skills accepted by the employer as equivalent to those required in the paragraph immediately above; or
· performs the work of editing of videotape material for news bulletins,
must be paid an allowance of 4% of the rate of pay prescribed by this award for the classification in which the employee is classified under the award.
(ii) The allowance does not apply where the work only involves dubbing, recording, program compilation or simple editing such as butt editing.
(iii) This allowance is part of the employee’s rate of pay and is paid for all purposes of the award.
[34.2(i) varied by PR729350, PR740777, PR762200 ppc 01Jul23]
Employees engaged on work which the employer reasonably considers is work for which height money should be paid will be paid the following rates:
|
Height |
$ per shift |
|
15 metres to 50 metres |
9.25 |
|
51 metres to 90 metres |
19.50 |
|
Over 90 metres |
32.34 |
(j) A director who works as a producer
(i) A director who works as a producer on any television program, in addition to the other payments to which the employee is entitled, is to be paid an allowance of 10% of the director’s minimum weekly rate. The allowance will be calculated on a daily basis by dividing the weekly rate by 5.
(ii) For the purpose of clause 34.2(j), a producer is an employee who is responsible for the concept of programs, the originating of ideas and formats (or where a script is provided for interpreting the writer’s ideas and intentions), selection of music, hiring of talent, preparation and control of budgets, planning and supervision of scenarios and for all details of the production and completion of the program.
(k) Back pack allowance
A camera employee required to operate back pack equipment or a Steadicam unit must, in addition to the other payments to which the employee is entitled, be paid an allowance of 10% of the relevant minimum hourly rate prescribed in clause 13—Classifications and minimum rates for each shift.
34.3 Expense-related allowances
[34.3(a) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
Where an employee is required to continue working beyond 30 minutes after a second or subsequent meal period becomes due the employee must be paid a meal allowance of $21.43 or provided with a substantial meal.
(b) Working away from public transport or when public transport is unavailable
(i) Clause 34.3(b) applies when:
· the employee’s place of employment is 1.5 km or more from the nearest means of regular public transport; or
· where an employee has to begin or stop work at a time when normal regular means of public transport are not available within a reasonable period of time.
(ii) In the above circumstances the employer must either:
· reimburse the employee for reasonable transport costs; or
· provide the employee with transport to or from the nearest means of regular public transport.
(iii) Clause 34.3(b) does not apply to non-metropolitan television stations or their employees.
(c) Travel by rail, sea or air
(i) Where an employee is required to travel by rail in the course of their duties, the employee will be reimbursed for the actual cost of first class accommodation and sleeper.
(ii) Where an employee is required to travel by air the employer will:
· reimburse the employee for the actual cost of economy class air travel; or
· pay for the cost of the air travel.
(iii) An employee can refuse to travel by air if the employee has a reasonable objection to air travel.
(iv) An employee who travels by rail, sea or air in accordance with clause 34.3(c) will be reimbursed for all reasonable out-of-pocket expenses.
(v) The provisions of clause 34.3(c) will not apply if the employer provides travel of the nature set out above.
In addition to the provisions of clause 34.3(c), where an employee is transferred and has to change their place of residence:
(i) members of an employee’s family who are required to travel whether by rail, sea or air as the result of such transfer are entitled to reimbursement for the actual cost of their fares; and
(ii) the removal and transmission of the employee’s furniture and household effects will be reimbursed by the employer.
(e) Distant engagement
(i) When an employee is required to carry out duty at any place other than the transmitting station or the studios, the employee must be reimbursed the cost of a taxi or other reasonable means of travel. The employee will not be reimbursed when the employer provides the travel.
(ii) Where an employee is normally employed at the studios or at the transmitter and is required to perform temporary duties at a place other than the employee’s normal place of duty, the employee must be paid the actual excess travelling costs involved.
(iii) Where an employee is normally employed at the studios or at the transmitter and is required to perform temporary duties at a place other than the employee’s normal place of duty, the employee must be paid an allowance equal to the normal rate of pay for all time spent travelling to and from the employee’s normal place of duty from the time of starting or finishing their rostered hours.
(i) Where an employee performs any duty which would invalidate the employee’s personal insurance policies the employer will reimburse the employee for the cost of taking out additional personal insurance. Provided that the employer has been informed of the risk of invalidation before the employee undertakes these duties.
(ii) Clause 34.3(f) will not apply where the employer indemnifies the employee against any invalidation of the employee’s personal policy.
(iii) If the employer notifies the employee that the employer declines to indemnify the employee and/or their dependants, the employee may decline the assignment.
(g) Reimbursement for insurance against death or disability outside Australia
(i) Where an employee is required to perform any duty outside of Australia the employer must reimburse the employee the cost of taking out insurance against injury or death arising from the performance of these duties. Clause 34.3(g) will not apply where the employer provides such insurance.
Where an event occurs that is not covered by the employee’s insurance policy in circumstances where the employer has required the insured employee to work outside Australia, the employer will reimburse the employee for the actual cost of any medical examinations, treatment for an injury or related costs as covered by the insurance policy. Clause 34.3(g) does not apply where the employer has taken out insurance for the employee the circumstances of which are no less favourable.
(iii) Definitions
For the purpose of clause 34.3(g) the following definitions apply.
injury means bodily injury which:
· is sustained by an employee during the period of employment;
· is caused solely and directly by violent, accidental, external and visible means; and
· is incurred solely and independently of any other cause, except sickness directly resulting from, or medical or surgical treatment rendered necessary by such injury, and which occasions the death or disablement of the employee within 12 calendar months from the date thereof.
disablement means disability which substantially handicaps an employee from obtaining or keeping employment or from undertaking work on their own account provided that any such employment or work is of a kind which apart from the injury would be suited to their experience and qualifications.
total disablement means disablement which entirely prevents an employee from attending to their usual duties.
partial disablement means disablement which prevents an employee from attending to a substantial part of their usual duties.
permanent means lasting 12 calendar months and at the expiry of that period being beyond hope of improvement.
medical treatment or related costs means expenses paid by an employee to a duly qualified and registered medical practitioner, physician, surgeon, nurse, hospital and/or ambulance service for medical, surgical, x-ray, hospital or nursing treatment including the cost of medical supplies and ambulance hire but excluding the cost of dental treatment unless such treatment is necessarily incurred to sound and natural teeth and is caused by injury.
(iv) Provided that in the event of an employee becoming entitled to a refund of all or part of such expenses from any other source the employer will only be liable for the excess of the amount recoverable.
35. Hours of work—Announcers and Broadcaster/Journalists
(a) 5 days of 7 hours and 36 minutes per day;
(b) 4 days of 8 hours and one day of 6 hours;
(c) 4 days of 7 hours and 30 minutes and one day of 8 hours; or
(d) any combination of the above.
35.3 Hours on air
(a) Except in an emergency or on a public holiday the maximum number of consecutive ordinary hours on air in all daylight shifts, Monday to Friday, must not exceed 4.
(c) Except in an emergency the maximum number of consecutive ordinary hours on air must not exceed 6 hours without a meal break.
35.4 Other duties counted as time worked
(a) A minimum of 15 minutes, taken by the employee away from the microphone prior to going on air in order to study programs, scripts and copy will be counted as time worked. The employer may require that the period of 15 minutes be increased and any such increased period will be counted as time worked.
(b) Time spent by an employee at a staff or partial staff meeting of the employer’s staff at the request or invitation of the employer must be paid for at ordinary rates of pay.
(c) Time spent in servicing of a client advertiser by an employee at the direction of the employer must be paid for at ordinary rates of pay. Any travelling time incurred by an employee in carrying out such servicing must be paid for at ordinary rates of pay.
(d) Should an employee be directed to travel away from the usual studios to broadcast, or record or perform any other duties, the time involved in travelling to and from such location will be counted as time worked. The maximum travelling time to be paid for will be 8 hours on any one day.
36. Hours of work—Technical staff
36.1 The hours of work of a full-time technical staff employee must not exceed 38 hours per week, to be worked wherever reasonably possible in shifts of 8 hours per day, or up to a maximum of 9 hours per day (inclusive of meal breaks).
36.2 The arrangement for working the 38 hours per week is to be agreed between the employer and the employee from the alternatives in clause 35.2.
36.3 The agreed hours of work arrangement must meet the following conditions.
(a) A minimum of 7 hours 36 minutes and a maximum of 9 hours may be worked in any one day.
(b) An employee must be given a minimum break of 10 hours between the finish of ordinary hours of work on the one day and starting ordinary hours of work on the next day.
37. Rosters—Announcers and Broadcaster/Journalists
37.1 A roster for announcer, broadcaster or journalist employees other than casuals showing normal starting and finishing times and the name of each employee must be prepared by the employer and must be displayed in a place that is visible and accessible to the employees concerned.
37.2 The roster must contain details of the days and hours of work of each employee during the 14 days shown on the roster and will be issued not later than 7 days prior to the commencement date of such roster.
37.3 The roster must provide that each employee has 4 days off in each fortnight, unless paid at overtime rates as provided for in clause 42—Overtime—Announcers and Broadcaster/Journalists. The roster must provide that in each fortnight at least 2 of these days off are consecutive.
37.4 An employee must not be rostered or required to work so that the end of one day’s work and the beginning of the next day’s work occur on the same calendar day; except where an employee is working the midnight to dawn shift or is rostered to work one unbroken stretch to 1.00 am and who starts their work on the same day after a break of at least 10 hours.
37.5 The roster may not be altered with less than 7 days’ notice except in an emergency or with the agreement of the employer and employee. Alteration of rosters must be in accordance with clause 25—Consultation about changes to rosters or hours of work.
38.1 A roster for technical staff employees showing normal starting and finishing times and the name of each employee must be prepared by the employer and must be displayed in a conspicuous place accessible to the employees concerned 7 days before the roster comes into operation.
38.2 The roster will be alterable by mutual consent at any time. Alteration of rosters must be in accordance with clause 25—Consultation about changes to rosters or hours of work.
38.3 The employer may amend the roster on 7 days’ notice. Where a roster is altered without the required 7 days’ notice the employee whose roster has been changed will be paid at overtime rates specified in clause 43—Overtime—Technical staff until the 7 days’ notice has elapsed.
38.4 All rosters will allow at least 2 clear days off in each roster week. For the purposes of clause 38 day means midnight to midnight.
38.5 When the spread of rostered hours, inclusive of meal breaks, exceeds 9 hours on any day the employee so rostered must be paid at 150% of the minimum hourly rate of pay for the first 2 hours and 200% of the minimum hourly rate after that.
38.6 For the purposes of clause 38 each day will stand alone.
39. Meal breaks—Announcers and Broadcaster/Journalists
39.1 An employee must be allowed a meal break of between 45 and 60 minutes.
39.2 The meal break must be taken before the employee has completed 6 hours from the time when the employee’s duties begin for that day.
40. Meal Breaks—Technical staff
40.1 An employee will be allowed a meal break during or at the end of each 5 hours of work. The meal break is unpaid and is to be between 30 and 60 minutes.
40.2 If the meal break is not allowed as provided in clause 40.1, the normal time of the meal break will be paid for at 150% of the minimum hourly rate for weekdays, 200% of the minimum hourly rate for Saturdays and Sundays and 250% of the minimum hourly rate for public holidays. The employee will be permitted to have the meal break without deduction from their ordinary rate of pay as soon as possible after the prescribed meal break.
40.3 By agreement between any employer and an individual employee or a majority of employees other arrangements about meal breaks may be made.
40.4 Where it is necessary for an employee to remain on-call during their meal break that break will be paid as time worked.
41. Breaks between shifts—All radio broadcasting staff
(a) the employee may, without loss of pay, start work at such later time as is necessary to ensure that they receive a break of at least 10 hours; or
(b) the employer must pay the employee at 200% of the minimum hourly rate for all work performed until the employee has received a break of at least 10 hours.
42. Overtime—Announcers and Broadcaster/Journalists
[Varied by PR723872]
[Note inserted by PR723872 ppc 20Nov20]
NOTE: The overtime rates for casual employees in clause 42 have been calculated by adding the casual loading prescribed by clause 11.2 to the minimum hourly rate before applying the overtime rates prescribed for full-time and part-time employees.
[42.1 substituted by PR723872 ppc 20Nov20]
(a) for a full-time or part-time employee—150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours; and
(b) for a casual employee—187.5% of the minimum hourly rate for the first 2 hours and 250% of the minimum hourly rate after 2 hours.
[42.2 substituted by PR723872 ppc 20Nov20]
(a) for a full-time or part-time employee—150% of the minimum hourly rate for the first 2 hours on any one day and 200% of the minimum hourly rate after 2 hours on that day.
(b) for a casual employee—187.5% of the minimum hourly rate for the first 2 hours on any one day and 250% of the minimum hourly rate after 2 hours on that day.
42.3 Overtime worked on any day stands alone.
42.4 Work in excess of 10 days
[42.4 substituted by PR723872 ppc 20Nov20]
An announcer and broadcaster/journalist required to work on more than 10 days in any 2 week period is to be paid at the following rates for each day in excess of 10:
(a) for a full-time or part-time employee—200% of the minimum hourly rate; and
(b) for a casual employee—250% of the minimum hourly rate.
42.5 On-air hours
[42.5 substituted by PR723872 ppc 20Nov20]
All time worked by an announcer and broadcaster/journalist on air in excess of the consecutive hours specified in clause 35—Hours of work—Announcers and Broadcaster/Journalists is overtime and must be paid for at the following rates with a minimum payment of one hour:
(a) for a full-time or part-time employee—150% of the minimum hourly rate; and
(b) for a casual employee—187.5% of the minimum hourly rate.
42.6 Work on rostered day off
(a) An announcer or a broadcaster/journalist other than a casual required to work on their rostered day off at less than 7 days’ notice will be paid at 200% of the minimum rate for that day’s work.
(b) If an employee is required by the employer to attend a staff or partial staff meeting of the employer’s staff on the employee’s day off, and where such employee agrees to attend, the employee will be paid at the rate of 200% of the minimum hourly rate with a minimum payment of 2 hours.
[Varied by PR723872]
[43.1 substituted by PR723872 ppc 20Nov20]
43.1 Overtime rates—full-time and part-time employees
Full-time and part-time technical staff are to be paid for overtime at the following rates:
(a) Monday to Friday—150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours.
(b) Saturday—175% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours.
(c) Sunday—200% of the minimum hourly rate.
(d) Public holidays—250% of the minimum hourly rate.
43.2 Overtime rates—casual employees
[New 43.2 inserted by PR723872 ppc 20Nov20]
Casual technical staff are to be paid for overtime at the following rates:
(a) Monday to Friday—187.5% of the minimum hourly rate for the first 2 hours and 250% of the minimum hourly rate after 2 hours.
(b) Saturday—218.75% of the minimum hourly rate for the first 2 hours and 250% of the minimum hourly rate after 2 hours.
(c) Sunday—250% of the minimum hourly rate.
(d) Public holidays—312.5% of the minimum hourly rate.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 43.1.
[43.2 renumbered as 43.3 by PR723872 ppc 20Nov20]
[43.3 renumbered as 43.4 by PR723872 ppc 20Nov20]
44. Penalty rates—Announcers and Broadcaster/Journalists
[Varied by PR747412]
44.1 Sundays
An announcer or a broadcaster/journalist required to work on Sunday must be paid at 200% at the minimum hourly rate, with a minimum payment for 6 hours. If Sunday work is continuous with work which commenced on the previous day and ends not later than 2.00 am on the Sunday, payment at 200% at the minimum hourly rate will only be for the time worked after midnight.
44.2 Public holidays
[Paragraph in 44.2 numbered as 44.2(a) by PR747412 ppc 14Nov22]
[44.2(b) inserted by PR747412 ppc 14Nov22]
(b) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 44.2(a).
44.3 Penalty rates not cumulative
Extra rates prescribed in clause 44 are not cumulative so as to exceed a maximum of triple time.
(a) An announcer or a broadcaster/journalist required to work between 10.00 pm and 9.00 am (other than on a midnight to dawn shift) must be paid at 115% at the minimum hourly rate with a minimum payment of one hour.
(c) The shift penalties prescribed by clause 44.4 are not cumulative upon any other entitlement under any other clause in this award.
45. Penalty rates—Technical staff
[Varied by PR747412]
45.1 Weekend penalty rates
(a) Saturdays
All ordinary time worked by a technical employee between midnight on Friday and midnight on Saturday will be paid for at 175% of the minimum hourly rate.
(b) Sundays
All ordinary time worked by a technical employee between midnight on Saturday and midnight on Sunday will be paid for at 200% of the minimum hourly rate, with a minimum payment of 4 hours’ work.
(c) Public holidays
[Paragraph in 45.1(c) numbered as 45.1(c)(i) by PR747412 ppc 14Nov22]
[45.1(c)(ii) inserted by PR747412 ppc 14Nov22]
(ii) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 45.1(c)(i).
(c) The additional payments prescribed in clause 45.2 are not to be taken into account in the calculation of overtime payment or to be paid with respect to any shift for which any other form of penalty payment is made under this award, except where the employee is required to work on public holidays or a rostered day off.
(d) The period for which the additional payment prescribed by clause 45.2 will be calculated is to the nearest quarter of an hour in each weekly period.
[Varied by PR729534, PR740940, PR762367]
46.1 Employers must pay to an employee the allowances the employee is entitled to under clause 46.
NOTE: See Schedule H—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
(a) Extra duties
An announcer or a broadcaster/journalist who is permanently required by the employer to be responsible for one or more of the following duties in addition to performing the duties of an announcer or a broadcaster/journalist must be paid an allowance of 15% of the relevant minimum rate:
(i) the rostering of announcers’ and broadcaster/journalists’ duties;
(ii) studio bookings;
(iii) the training of trainees; or
(iv) the supervision of the studio staff.
(b) Excess travelling time allowance
Where an employee is normally employed at the studios or at the transmitter and is required to perform temporary duties at a place not being their normal place of duty, the employee will be paid an allowance equal to the normal rate of pay for all excess time spent travelling to and from their normal place of duty from the time of starting or finishing their rostered hours.
Where an employer requires an employee to stand by at home (or other mutually agreed place) on an out of hours stand-by roster, the following conditions will apply:
(i) All stand-by duty will be rostered specifying the starting and finishing times of such duty.
(ii) An employee on stand-by duty will be paid an allowance of 20% of the relevant minimum rate calculated hourly.
(iii) Where an employee on stand-by duty is called back to perform duty, stand-by payment will stop when they leave home and the employee will then be entitled to be paid at the rates in clause 43—Overtime—Technical staff from the time of leaving home until return, or to a place further mutually arranged, with a minimum payment as for 2 hours’ worked.
(iv) Stand-by payment where an employee has returned from a call-back duty will not recommence until the expiration of the period for which payment is received in clause 46.2(c)(iii).
(v) Where an employee has returned from a call-back to duty and the period of duty was less than 2 hours, they are to recommence stand-by duty without payment until the expiration of 2 hours, after which stand-by payment at the appropriate rate will recommence and continue until the end of the rostered stand-by duty. Alternatively, if the employee is called back to work a second time during the period of 2 hours, no additional payment will be made until after the expiration of the 2 hours, when overtime provided in clause 46.2(c)(iii) will resume without any further minimum payment.
(d) Call back payment
An employee who is not rostered on stand-by duty and is recalled for duty after having left the employer's premises will be paid overtime at the rates in clause 42.1 (Announcers and broadcaster/journalists) and clause 43 (Technical staff). Payment will start from the time of leaving the place from which they are recalled, until their return to this place or to their home, whichever they return to first. The employee will receive a minimum payment of 4 hours’ work.
46.3 Expense-related allowances
(i) Announcers and Broadcaster/Journalists
[46.3(a)(i) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
· If work requires the employee to take more than one meal a day away from home, the employer will pay to the employee a minimum allowance of $27.50 for the second meal and $27.50 for each subsequent meal until the employee ceases work unless the meal or meals are otherwise paid for by the employer.
· For the purpose of clause 46.3(a) meal means breakfast, lunch or dinner.
[46.3(a)(ii) varied by PR740940, PR762367 ppc 01Jul23]
· An employee required to work overtime for more than 2 hours without being notified on the previous day or earlier that they will be required to work will be paid a meal allowance of $18.37.
· The meal allowance must also apply to all meal periods during an employee’s duty on outside broadcasts.
(i) Temporary transfer
Where an employee is temporarily transferred for the purpose of providing relief or otherwise the employer will provide:
· reimbursement of all reasonable travelling expenses, or
· first class accommodation or equivalent allowance and first class rail or economy class air fares.
(ii) Permanent transfer
· Where an employee is transferred permanently from one station to another and has to change residence, the provisions of clause 46.3(b) are to be extended to the employee’s spouse or de facto partner and family.
· In addition, the cost of removal and transmission of the employee’s furniture and household effects is to be paid by the employer.
47. Annualised wage arrangements—Journalist Grade 5 and above
47.1 Annualised wage instead of award provisions
(a) An employer and a full-time employee classified as a Journalist Grade 5 or above may enter into a written agreement for the employee to be paid an annualised wage in satisfaction, subject to clause 47.1(c), of any or all of the following provisions of the award:
(i) clause 13—Classifications and minimum rates;
(ii) clause 18.3—Annual leave loading;
(iii) clause 51—Shift penalties;
(iv) clause 53.3(d)—Distant engagements; and
(v) clause 55—Overtime.
(b) Where a written agreement for an annualised wage agreement is entered into, the agreement must specify:
(i) the annualised wage that is payable;
(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;
(iii) the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and
(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified in the agreement pursuant to clause 47.1(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.
(d) The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.
(e) The agreement may be terminated:
(i) by the employer or the employee giving 12 months’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(ii) at any time, by written agreement between the employer and the individual employee.
47.2 Annualised wage not to disadvantage employees
(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases or the agreement terminates earlier, over such lesser period as has been worked).
(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement agreement for the purpose of undertaking the comparison required by clause 47.2(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.
47.3 Base rate of pay for employees on annualised wage arrangements
For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 13—Classifications and minimum rates and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.
48.1 The ordinary hours of work for a journalist are an average of 38 hours per week to be worked on one of the following bases by agreement between the employer and the majority of the employees in a section or unit:
(a) 5 days per week;
(b) 19 days in a 20 day work cycle comprised of 3 weeks of 40 hours and one week of 32 hours;
(c) 9 days in a 10 day work cycle comprised of one week of 42 hours and one week of 34 hours; or
(d) 4 days in a 5 day work cycle.
48.2 In the fortnight in which Christmas Day and Good Friday occur, the ordinary hours will be reduced by 8 hours.
48.3 The ordinary hours specified in clause 48.1 must be worked so that each employee has at least 2 days off duty each week except in the fortnights in which Christmas Day and Good Friday occur, when there must be at least 5 days off duty.
The employees in a section or a unit may agree with their employer to accrue up to a maximum of 3 days off.
(a) Where an employee is given a day(s) off duty, this day or days will begin from the time the employee actually finishes duty.
(b) An employee who is not given any of the day or days off duty referred to in clause 48.3 by any of the methods provided for in clause 48 will be paid for such days in accordance with clause 55.2(b).
49.2 Due to unforeseen circumstances, rostered ordinary hours for an employee may be changed by the employer up to the conclusion of the previous shift worked by the employee or, where the employee is off duty, not less than 12 hours before the next rostered shift of ordinary hours for the employee is due to begin, or later in an emergency.
49.3 Ordinary hours of duty will be rostered in shifts of not less than 4 and not more than 11 hours.
49.4 Changes to rosters may only be made in accordance with clause 25—Consultation about changes to rosters or hours of work.
50.1 An employee will not be required to work more than 5 hours without a break of at least 20 minutes.
50.2 Where an employee is permitted a break of one hour off duty for a meal, the employer will be entitled to deduct one hour from the total time worked in accordance with clause 48—Hours of work. If the break permitted is less than one hour, no time will be deducted. A maximum of one hour will be deducted in any one day.
51.1 Any employee who is rostered to perform and performs ordinary duty on a shift:
51.2 The additional rates provided in clauses 51.1(a) and 51.1(b) are not cumulative and where any shift attracts both penalties only the higher percentage will be paid.
51.3 The additional payments prescribed in clause 51 will not exceed the amount based on the rate for Grade 5 in the case of an employee employed by a metropolitan television station and Grade 3 in the case of an employee employed in a non-metropolitan television station.
[Varied by PR729534, PR740940, PR762367]
52.1 Employers must pay to an employee the allowances the employee is entitled to under clause 52.
NOTE: See Schedule H—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
52.2 Expense-related allowances
[52.2(a) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
If work requires the employee to take more than one meal a day away from home, any meal or meals in excess of one per day (unless otherwise paid for or reimbursed by the employer) will be paid for by the employer at the rate of $25.22 for each such meal.
(i) For the purpose of clause 52.2(a) meal means breakfast, lunch, or dinner.
(ii) Normal meal break hours are:
· breakfast—6.00 am to 8.00 am;
· lunch—12.00 noon to 2.00 pm; and
· dinner—6.00 pm to 8.00 pm.
(i) When an employee agrees to travel by other than a regular passenger-carrying air service, the employer will:
· reimburse the employee for the cost of taking out additional personal insurance to cover any existing insurance policies that would be invalidated by such travel; and
· reimburse the cost of taking out insurance against injury or death arising from travel by air, other than a regular passenger-carrying service, for not less than $250,000 in the event of death, which is payable to the employee in the event of injury or to the employee’s legal personal representative in the event of death.
(ii) Clause 52.2(b) will not apply where the employer indemnifies the employee against any invalidation of the employee’s personal insurance policies and insures the employee against injury or death in the same terms as set out in clause 52.2(c).
(c) Special risks reimbursements
(i) Where an employee performs any duty which would invalidate any of their personal insurance policies, the employer will reimburse the employee for the cost of taking out additional personal insurance to cover any existing insurance policies that would be invalidated by the activity.
(ii) Clause 52.2(c) will not apply where the employer indemnifies the employee against any invalidation of the employee’s personal insurance policies.
Where spectacles or a lens change, specifically for the use of a computer screen at work, are prescribed the employer will pay the cost of the lens and up to an amount of $111.30 on the first frame provided that:
(i) where the employee is in receipt of a health fund benefit the employer will pay the difference between the cost of the spectacles and the benefit with a maximum of $111.30 on the first frames; and
(ii) the employer will not be liable for the tinted or outdoor component of any lenses.
53.1 A distant engagement is an assignment requiring an employee to spend one or more nights away from the location where they are employed (the place of origin).
53.2 Starting and finishing times for distant engagements
(a) A distant engagement begins from the time of departure on the assignment from the place of origin, provided that where an employee has started work before the time of departure the distant engagement will start 8 hours after the employee commenced duty on that day and the employee will be treated as having worked 8 hours on that day in addition to any time worked that day on the distant engagement.
(b) A distant engagement ends at whichever is the later—the time the employee returns to the place of origin or the time the employee finishes work on that day.
(a) Time spent working and travelling on any day where travel is by a means approved by the employer, will be hours of duty on that day for the purpose of clause 53.3. Each employee will be treated as working a minimum of 9 hours on any day.
(b) Overtime will only occur where:
(i) the hours of duty of an employee exceed 38 hours in 7 consecutive days; or
(c) No time will be counted as overtime more than once.
(d) All overtime worked on a distant engagement will be either:
(e) Whether overtime will be provided according to clauses 53.3(d)(i) or 53.3(d)(ii) will be determined by the employer.
(f) An employee on a distant engagement is entitled to the shift penalties provided for in clause 51—Shift penalties. For the purpose of clause 53.3 ordinary hours of duty means the first 9 hours of duty on any day except when those hours are overtime by reason of clause 48.1.
(g) When an employee on a distant engagement is not given weekly days off duty to which the employee is entitled under clause 48—Hours of work, the employee will be given them, within 14 days of finishing the distant engagement, in addition to the days off to which the employee is entitled in that 14 day period. The days off are to be continuous where the employee has been on a distant engagement for a week or more without being given any days off.
54.1 Clause 54 applies to employees who are required by their employer to permanently perform their duties in a different town or city to the one in which they were last directed by their employer to perform their duties.
54.2 An employee must not be downgraded as a consequence of any transfer.
54.3 An employer must reimburse the following costs associated with the transfer:
(a) first class train fare or economy class air fares for the employee and their family, or if the employee travels by car they will be paid the vehicle allowance in accordance with clause 15.3(a);
(b) the transfer and storage of the employee’s furniture and effects. The employee will obtain at least 2 quotations for the transfer and storage and the employer will be obliged to reimburse the lower amount;
(c) reasonable accommodation costs for a maximum of 4 weeks or until permanent accommodation is obtained, whichever is the sooner; and
(d) reconnection and installation costs of telephone and other utilities at the employee’s first new place of residence.
54.4 Clause 54.3 does not apply when an employee who is transferred under clause 54 agrees in writing, at the time of the transfer or subsequently, that the city or town to which they are transferred will be or has become their permanent place of residence.
54.5 If the employment of an employee is terminated by the employer for a reason other than misconduct, and the employee determines to relocate to the city or town in which they were located prior to the transfer, the employer must reimburse the employee the costs which are associated with that relocation referred to in clauses 54.3 and 54.4.
54.6 An employee who resigns or is dismissed for misconduct while employed in another town, city or State is not entitled to the return fare for themselves or their family, or to any other return expenses.
54.7 The town or city to which an employee is transferred must thereafter be regarded as the town or city in which the employee is regularly employed for all purposes.
[Varied by PR723872]
[Note inserted by PR723872 ppc 20Nov20]
NOTE: The overtime rates for casual employees in clause 55 have been calculated by adding the casual loading prescribed by clause 11.2 to the minimum hourly rate before applying the overtime rates prescribed for full-time and part-time employees.
55.1 Daily overtime
[55.1(a) renumbered as a paragraph by PR723872 ppc 20Nov20]
Daily overtime represents all time worked outside an employee’s rostered hours of duty, except for time worked on a rostered day off.
[55.1(b) deleted by PR723872 ppc 20Nov20]
[New 55.2 inserted by PR723872 ppc 20Nov20]
55.2 Daily overtime will be compensated for in the following manner.
(a) Overtime will be paid for at the following rates:
(i) for a full-time or part-time employee—150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours; or
(ii) for a casual employee—187.5% of the minimum hourly rate for the first 2 hours and 250% of the minimum hourly rate after 2 hours.
(b) When an employee is not given the days or nights off duty as provided for in clause 48—Hours of work the employee will be paid at the following rates for all work done on any such day or days with a minimum payment for 4 hours:
(i) for a full-time or part-time employee—200% of the minimum hourly rate; or
(ii) for a casual employee—250% of the minimum hourly rate.
[55.2 renumbered as 55.3 by PR723872 ppc 20Nov20]
[55.3(a) substituted by PR723872 ppc 20Nov20]
(a) if the break is less than 8 hours, overtime will be paid for at the following rates for all work done before the expiration of the 12 hour break:
(i) for a full-time or part-time employee—200% of the minimum hourly rate,
(ii) for a casual employee—250% of the minimum hourly rate; or
(b) if the break is 8 hours or more, overtime will be paid for at the following rates for all work done before the expiration of the 12 hour break:
(i) for a full-time or part-time employee—150% of the minimum hourly rate,
(ii) for a casual employee—187.5% of the minimum hourly rate.
[55.2(b) renumbered as 55.4 and substituted by PR723872 ppc 20Nov20]
55.4 If an employee is called upon to resume duty within 12 hours of completion of a distant engagement, overtime will be paid at the following rates for all work done before the expiration of the 12 hour break:
(a) for a full-time or part-time employee—150% of the minimum hourly rate; or
(b) for a casual employee—187.5% of the minimum hourly rate.
[55.2(c) renumbered as 55.5 by PR723872 ppc 20Nov20]
55.5 Time worked during any period of insufficient break will not be included in the calculation of weekly hours.
[55.3 renumbered as 55.6 by PR723872 ppc 20Nov20]
55.6 In no circumstances will overtime as provided for in clause 55 be compensated for more than once.
[55.4 renumbered as 55.7 by PR723872 ppc 20Nov20]
55.7 Overtime on a distant engagement will be treated in accordance with clause 53—Distant engagements.
No employer covered by Part 10—Cinemas and not otherwise covered by Parts 8, 9, 11, 12, or 13 will be covered by the Hospitality Industry (General) Award 2020 or the Restaurant Industry Award 2020.
[Varied by PR723872, PR733838]
57.1 At the time of engagement an employer will inform each employee in writing of the terms of their engagement and, in particular, whether they are to be full-time, part-time or casual.
57.2 Full-time employees
(a) A full-time employee is an employee who is engaged to work:
(i) 76 hours per fortnight, or
(ii) 152 hours in a 28 day cycle by written agreement between the employer and the employee (which may be terminated as provided in clause 58.4).
(b) A full-time employee must be provided with a written statement setting out their classification, applicable pay scale and terms of engagement.
57.3 Part-time employees
(a) A part-time employee is an employee who:
(i) is engaged to work:
· less than 76 ordinary hours in a 14 day cycle, or
· less than 152 hours in a 28 day cycle by written agreement between the employer and the employee (which may be terminated as provided in clause 58.4);
(ii) has regular, reasonably predictable and continuous employment within the terms of clauses 57.3 and 58.3; and
(iii) receives, on a pro rata basis, equivalent conditions to those of full-time employees who do the same kind of work.
(b) A part-time employee receives the minimum hourly rate for ordinary hours worked.
(c) An employer is required to roster a part-time employee for a minimum of 4 consecutive hours on any day or shift. An employer will offer to roster a part-time employee for a minimum of 8 hours in any consecutive 7 day period commencing on a Thursday.
(d) All hours worked in excess of full-time hours will be overtime and will be paid in accordance with clause 61—Overtime and penalty rates.
57.4 Casual employees
[57.4(a) substituted by PR733838 from 27Sep21]
(a) An employer, when engaging a casual, must inform the employee that they are employed as a casual, their classification level and rate of pay.
(b) A casual employee must be paid at the relevant minimum hourly rate plus a casual loading of 25%. The casual loading is paid instead of all paid leave including annual leave, personal/carers’ leave and public holidays not worked whether prescribed in this award or the NES.
[New 57.4(c) inserted by PR723872 ppc 20Nov20]
(c) When a casual employee works overtime, they must be paid the overtime rates in clause 61—Overtime and penalty rates.
[57.4(c) renumbered as 57.4(d) by PR723872 ppc 20Nov20]
[57.4(d) renumbered as 57.4(e) by PR723872 ppc 20Nov20]
(e) Casual employees are entitled to a minimum payment of 3 hours’ pay on each occasion they are required to attend for work.
58. Ordinary hours of work and rostering
(a) Ordinary hours of work for cinema employees can be any hours worked on any of the days Monday through to and including Sunday.
(b) Cinema employees will be paid the loading in clause 13.4 for all hours worked.
58.2 Full-time employees
(a) Full-time employees must work:
(i) 76 ordinary hours in a 14 day cycle, or
(ii) 152 ordinary hours in a 28 day cycle by written agreement between the employer and employee.
(b) Ordinary hours must be worked in periods of rostered ordinary hours of not more than 8 consecutive hours or 10 consecutive hours by agreement between the employer and employee, and not less than 4 hours which must be consecutive other than for meal breaks.
(a) Part-time employees will be required to work:
(i) an agreed number of ordinary hours in a 14 day cycle, or
(ii) a 28 day cycle by written agreement.
(c) Part-time employees may by agreement be employed as full-time employees during school holidays.
Where there is a written agreement to work ordinary hours in a 28 day cycle, the employer or the employee may, on 28 days’ notice in writing to the other party, terminate the agreement and the employee will commence or resume working ordinary hours in a 14 day cycle from the next roster cycle commencing after the expiration of 28 days from the giving of notice.
58.5 Casual employees
Casual employees will work a minimum of 3 consecutive hours excluding meal breaks required by the award.
58.6 Attending meeting or training session
Any employee required to attend a meeting arranged or authorised by the employer or any structured training session will be paid a minimum of 2 hours ordinary pay.
59.1 The employer will post a draft roster on the Friday and will post a final roster on the Monday afternoon before the start of the week to be worked. The start of the week is a Thursday.
59.2 Where a change to the final roster is required to be made, an agreement between the employer and the employee is required.
59.5 Changes to rosters must be in accordance with clause 25—Consultation about changes to rosters or hours of work.
60.1 The employer must allow a meal break of 30 minutes or, if the employee and the employer agree, up to 60 minutes when employees are working a rostered period of work in excess of 5 hours unless that rostered work period would end within that meal break.
60.2 Employees required to work beyond 5 hours without a meal break will be paid at 200% of the minimum hourly rate for the period of the meal break.
61. Overtime and penalty rates
[Varied by PR723872, PR747412]
[Note inserted by PR723872 ppc 20Nov20]
NOTE: The overtime rates for casual employees in clause 61 have been calculated by adding the casual loading prescribed by clause 57.4(b) to the minimum hourly rate before applying the overtime rates prescribed for full-time and part-time employees.
61.1 Full-time and part-time employees—overtime
(a) Overtime will be paid to a full-time or part-time employee who works:
(i) more than 76 ordinary hours or on more than 10 days, in any 14 day cycle;
(ii) more than 152 ordinary hours or more than 20 days, in any 28 day cycle (by written agreement between the employer and employee); or
(iii) more than 8 hours on any day, or more than 10 hours by agreement between the employer and employee.
[61.1(b) varied by PR723872 ppc 20Nov20]
(b) Overtime will be paid at 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours.
61.2 Casual employees—overtime
[61.2(a) varied by PR723872 ppc 20Nov20]
(a) Work for more than 8 consecutive hours on any day or 10 consecutive hours by agreement between the employer and employee is overtime. The employer will pay for this overtime at 187.5% of the minimum hourly rate for the first 2 hours and 250% of the minimum hourly rate after 2 hours.
(b) Each day’s work will be considered separately for the purposes of overtime. The employer will not count meal breaks when adding up hours of overtime.
61.3 All cinema employees—break between shifts
[61.3(b) varied by PR723872 ppc 20Nov20]
(b) If the employer requires an employee to return to work before the employee has had 10 hours off duty (or 8 hours at the request of the employee), the employer will pay the employee 200% of the minimum hourly rate for a full-time or part-time employee and 250% of the minimum hourly rate for a casual employee, until the employee is released from duty. Employees are then entitled to be absent until the completion of 10 consecutive hours off duty without loss of pay for ordinary working time during that absence.
(c) An employee may voluntarily swap a work period or periods with another employee if the employer agrees. If this occurs, clause 61.3(d) will not apply.
61.4 All cinema employees—public holidays
(a) Clause 23.2 will not apply to employees in cinemas.
(b) If a weekly employee is required to work on a day to be observed as a public holiday, then, the employee will be paid at 200% of the minimum rate for the hours worked.
(c) Casual employees will be entitled to receive 200% of the minimum hourly rate for work on a public holiday.
(d) A weekly employee whose rostered time off falls on a public holiday will be:
(i) allowed an additional day off at a time to be agreed upon by the employer and the employee; or
(ii) paid an additional day’s pay instead within 7 days of the holiday.
[61.4(e) inserted by PR747412 ppc 14Nov22]
(e) If a public holiday is a part-day public holiday, then clause 61.4(d) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
61.5 See clause 58.1(c) for the penalty applicable for ordinary hours worked between 1.00 am and 8.00 am.
[Varied by PR729350, PR729534, PR740777, PR740940, PR762200, PR762367]
62.1 Employers must pay to an employee the allowances the employee is entitled to under clause 62.
NOTE: See Schedule H—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
(a) Zone managers—additional allowances
[62.2(a)(i) varied by PR729350, PR740777, PR762200 ppc 01Jul23]
|
|
Allowance for each additional cinema supervised |
Maximum allowance |
|
|
$ per week |
$ per week |
|
Zone 1 |
53.53 |
321.29 |
|
Zone 2 |
37.51 |
226.16 |
(ii) Zone 1 applies to cinemas:
(A) in the central city areas of:
· Sydney;
· Melbourne;
· Brisbane;
· Perth;
· Adelaide; and
· the City of Newcastle; or
(B) any cinemas regularly giving 3 or more performances daily.
(iii) Zone 2 applies to drive-in cinemas and all other cinemas other than those in Zone 1.
62.3 Expense-related allowances
(a) Removal allowance
Where an employee is appointed or transferred to a cinema and the employer requires the employee to reside in a particular suburb, town or State, then the cost of removal necessarily incurred will be paid to the employee by the employer.
(b) Working away from usual place of work
[62.3(b) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
A full-time or part-time employee engaged by the week who, while travelling away from home on duty, is required to provide their own board and lodging will be paid a travelling allowance of $100.10 per day, up to a maximum of $500.52 per week.
In this Part unless the contrary intention appears:
ancillary rights means the right to use, rent, lease or license the production for any or all purposes (other than theatrical or free television) including but not limited to ships at sea, aircraft, buses, hotels, home video, pay television, toll television, subscription television, community antenna television, cable television, closed circuit television, video cassettes, cartridges, video discs, wire transmission and in any other form of mechanical and/or electronic reproduction not known or hereafter devised.
artist means each and all of those persons engaged by the producer to take part audibly and/or visually in the production including performers, dancers, doubles, extras, stand-ins and stunt artists.
call means an instruction after engagement by the employer to the artist to report for work at a definite time and date for a definite period for the purpose of rehearsing for and/or performing in a production.
content means audio-visual or audio only material created with the intention of release theatrically, broadcast, internet, radio, video, mobile phone or any other media whether now known or devised after the date of the making of this award.
crowd see extra.
double means an artist who takes the place of a performer but who does not speak dialogue used in the production and is not photographed in a manner which enables recognition. Provided that a stunt double or stunt performer who takes the place of an artist for safety reasons or to perform or to engage in hazardous action will be regarded as a performer.
engagement means the aggregate number of calls required of any artist to complete a performance.
extra means an artist who is part of a crowd, mob, ensemble or atmospheric scene and who appears only incidentally or in backgrounds, and who does not speak dialogue except in the mass, and who is, in accordance with industry practice, not featured, provided that the producer may for the purpose of authenticity invite members of the public in civilian dress to join in a scene and each member of the public will not be regarded as an artist and will not otherwise be covered by this award.
feature film means a production which is produced with a genuine intention of a primary theatrical release.
juvenile means an artist who is less than 16 years of age.
one-off productions means tele-plays, feature films, telemovies, mini-series, docu‑dramas and dramatised and scripted corporate video/training productions of more than 20 minutes duration that are fully scripted and professionally produced.
pick-up point means the studio of the producer provided that such studio is within a radius of 25 km of the GPO of the capital city in which the artist resides. Should the studio be located in excess of 25 km then the pick-up point will be within 25 km of the GPO. The producer will be required to provide transport to and from the place of work from the GPO. The pick-up point will be reasonably convenient to the nearest means of public transport.
In the case of interstate or country artists, the pick-up point will be the transport terminal at which the artist arrives or the place of overnight accommodation should the artist have to stay overnight, provided that the producer and a majority of the employees affected may agree to a pick-up point beyond 25 km.
place of accommodation means the place where an artist temporarily resides overnight when they have travelled away from their place of residence in the course of their employment.
place of residence means the address at which the artist usually resides.
rehearsal means the work done by an artist in preparation for their performance in the presence of and under the direction of the producer.
semi-nude means where the artist’s genitalia, buttocks and/or breasts (in the case of female artists) are uncovered.
serial drama and serial comedy means a dramatic production for television comprising episodes of specific duration which are not self-contained but which form part of a series of such episodes and which have a continuing theme.
series drama and series comedy means a dramatic production for television comprising episodes of specific duration each of which is self-contained and uses the same leading fictional characters.
stand-in means an artist who replaces another artist for the purpose only of rehearsal and/or technical set-ups such as lighting, camera angles etc.
supernumerary see extra.
television means the transmission of audio and visual images to a remote receiver by means of a radiated signal transmitted from a television broadcast station and received by the public at large, free of charge.
television program means content of a specific duration made for television and includes series drama, series comedy, serial drama and serial comedy.
theatrical rights mean the right to rent, lease, license, exhibit, distribute and otherwise deal in and with respect to a film on any gauge released for public exhibition.
USA Network means any or all of the following: American Broadcasting Company (ABC), Columbia Broadcasting System (CBS), National Broadcasting Company (NBC).
walk-on extra see extra.
64.1 The terms of an engagement will be specified by the employer when the engagement is made, confirmed in writing and forwarded to the employee or their agent prior to the start of work by the employee on their first call.
64.2 The employer will specify in writing as part of the terms of engagement the details of work to be performed by the performer, including:
(a) with respect to advertising content the products or services to be advertised, if any, and where possible and practicable, the details of length and number of advertising productions;
(b) with respect to content other than advertising productions the requirement to use the artist’s name or image in commercial tie-ups between that content and commercial goods or in commercial advertising;
(c) the intention, if any, to associate the performers image or name with promoting a product or service, including the use of still photographs;
(d) the requirement, if any, to appear nude, semi-nude or in sex simulated scenes, including in still photography;
(e) the intention, if any, to use a stand-in or double in place of the performer in nude, semi-nude or sex simulated scenes;
(f) a requirement to participate, if any, in action which could reasonably be described in industry custom and practice as a stunt and the details of the special services required; and
(g) with respect to content other than advertising content the performer’s name to be used for billing publicity and purposes.
(a) Advertising productions
The minimum payment for work on any day will be:
(ii) For advertising production for voice only, retaking; where the performer cannot be identified, where a performer post-synchronises another performer’s voice (dubbing) except where the provisions of clause 64.3(a)(i) apply, live programs, for productions for programs, for any type of recording made for the purpose of one transmission from a station, for live advertising announcements and for any other kind of performance (which will not include an attendance)—2.5 hours of the relevant hourly rate.
(b) Feature films
Except as otherwise provided the minimum payment on any day will be:
(i) performer (excluding performer required to speak no more than 2 lines of dialogue)—8 hours; or
(ii) all other artists (including performer required to speak only 2 lines of dialogue)—4 hours.
(c) All other content
Except as otherwise provided the minimum payment on any day will be:
(i) performer (excluding bit player)—8 hours; or
(ii) all other artists—4 hours,
provided that an artist (other than an extra or stand-in) engaged to work in more than one episode of a serial drama or serial comedy in a week will be engaged by the week.
(a) No audition or screen test will be held in public. The only persons allowed to be present during an audition or screen test will be the employer and/or members of the employer’s production staff.
(b) No recording of an audition or screen test will be used in any manner whatsoever other than for private viewing by the employer and/or members of the employer’s production staff and such recording may only be retained by the employer solely for reference purposes.
(c) The artist will not be required to perform a sex simulated scene in any audition or screen test.
(d) The artist will not be required to appear nude or semi-nude in the first audition or screen test.
(e) Where the employer requires the artist to appear nude or semi-nude in an audition the employer must:
(i) provide the artist with a script 24 hours in advance of the auditioning;
(ii) allow the artist to nominate an individual to be present throughout the audition; and
(iii) not record the audition.
65.1 Content other than feature films
(a) The ordinary hours of work will be based on an 8 hour day exclusive of meal breaks to be worked continuously between 7.00 am and 8.00 pm, Monday to Friday and will not exceed:
(i) 38 hours per week; or
(ii) for artists who perform work in a serial drama or serial comedy:
· 1 or 2 episodes per week—32 hours per week; or
· 3, 4 or 5 episodes per week—38 hours per week.
The ordinary hours of work will be based on an 8 hour day exclusive of meal breaks to be worked continuously between 6.30 am and 11.00 pm, Monday to Saturday and will not exceed 38 hours.
65.2 General (applicable to all content)
(a) Travelling time both ways between the pick-up point and the place of work will be counted as time worked.
(b) An employee will not be required to work more than 8 hours without payment for overtime.
(c) The employee’s time of starting will be the time that the employee is directed to be in attendance by the employer. Time taken for the application of make-up will count as time worked but removal of make-up must be in the artist’s own time. However, where the time taken to remove full body make-up, special effects make-up and prosthetics exceeds 10 minutes, and when the actual time is taken to remove the make-up, up to 30 minutes will count as time worked. Where the employer and an artist agree that there are special circumstances requiring more than 30 minutes in the removal of make-up, the time actually taken in such removal will be counted as time worked.
(d) If for the purposes of wardrobe the employer directs an employee to attend at a particular place before the start of the employee’s call, the employer will pay the employee for each hour or part thereof which the employee so attends for such purposes at the employee’s ordinary rate of pay.
(e) Wild lines (dialogue) recorded on location, in studio premises or location hotel room on completion of a day’s shooting, but not recorded to pictures, are to be regarded as shooting time or an extension thereof.
65.3 Notice of call times
An employee will be notified at the end of each day’s work of the starting time for the next day’s work but in any event not less than 12 hours’ notice of starting time must be given to the employee.
(a) Advertising productions
· Performer—50% of the rate applicable to the completed engagement;
· Extra—100% of the rate applicable to their minimum call.
(ii) Any call cancelled and which is not regulated by clause 65.4(a)(i) may be cancelled without payment.
(b) Other content
If a call is cancelled the artist must be paid their ordinary rate in full for that call.
[Varied by PR729534, PR740940, PR762367]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
66.1 Employers must pay to an employee the allowances the employee is entitled to under clause 66.
NOTE: See Schedule H—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
If an artist working on a feature film is required by the producer to carry out work anywhere in the world outside the territorial boundaries of the Commonwealth of Australia or its dependencies (excluding Antarctica), mandated territories or protectorates, the artist will be paid an additional 10% of their daily or weekly rate of pay for their ordinary hours of work.
If an artist working on a feature film is required by the producer to carry out work in North Queensland, Western Queensland, Western New South Wales, Central Australia, Northern Territory, Eastern or Northern Zones of Western Australia, Western or Northern Zones of South Australia or in Papua New Guinea, the artist will be paid an additional 10% of their daily or weekly rate of pay for their ordinary hours of work for all such work.
Where it becomes necessary for an artist to play any role other than that for which they were originally engaged and which additional role may or may not involve the speaking of dialogue they will receive additional payment at the minimum rate of pay prescribed in clause 13—Classifications and minimum rates for each additional role.
(d) Payment for publicity/promotion
Where the artist is required to make themselves available for publicity and/or promotion work outside their normal working hours they will be paid for a minimum call of 2.5 hours.
(i) Where an artist is engaged to perform in a serial drama or serial comedy and works in more than 5 episodes in a week the artist will be paid in addition to the rate of pay for performing in 5 episodes set out in clause 13.8(d) an allowance of 43.75% of the one and 2 episode rate for each episode in which that performer works in that week.
(ii) Where 2 one-hour programs are produced in a week then for the purposes of clause 66.2(e) and clause 13.8(d) they will be regarded as 4 episodes in which work is performed in a week.
(iii) An artist engaged by the day who is required to perform in more than one episode will be paid in accordance with clause 13.8(d).
66.3 Expense-related allowances
[66.3(a)(i) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
[66.3(a)(ii) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
(ii) An artist when travelling or on location during meal breaks will be paid an allowance of $19.00 for breakfast, $21.43 for lunch and $32.69 for dinner. Clause 66.3(a)(ii) does not apply where the artist is provided with a satisfactory meal.
(b) Transport for publicity/promotions
(i) In carrying out any publicity and/or promotion work pursuant to clause 66.3(b), an artist will, where relevant, be paid in accordance with clause 66.3(c) for travelling and be provided with accommodation and expenses pursuant to clause 66.3(d) except that an artist will be provided with transport or paid the cost of same both ways.
(ii) When working at a place of work that does not require air travel between the artist’s residence and the place of work the employer must pay the cost of transport for the artist to get to and from work. This does not apply where the employer provides transport free of charge.
(iii) When working at a place of work that requires air travel between the artist’s residence and the place of work the employer must pay the cost of air transport for the artist to get to or from work. Clause 66.3(b) does not apply where the employer pays for the cost of air transport.
(iv) An artist will be provided with air travel of a class stipulated in the artist’s employment contract or in the absence of any such stipulation, pursuant to clause 66.3(c).
(v) Prior to departure an artist will be provided with an itinerary outlining the places where they will be required to attend and the duties required of the artist in carrying out such publicity and/or promotion work (e.g. interviews, performance, etc.).
An artist required by the employer to travel will be reimbursed up to the actual cost of a first class ticket where available, depending on the means of appropriate available transport or, in the case of aircraft, with an economy class ticket, to their destination or, if to location, then to the terminal nearest the location or location accommodation. Clause 66.3(c) will not apply where the employer provides the transport.
[66.3(d)(ii) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
· where accommodation is provided at the standard of a private home, homestead, or hotel with share facilities or where unshared accommodation is not provided—$9.97 per day;
· where accommodation is provided at the standard of air-conditioned caravans or air-conditioned and sewered mining camps—$20.03 per day; or
· where accommodation is provided at the standard of shearer’s quarters, rough mining camps, or by camping—$39.82 per day.
(iii) For the purposes of clause 66.3(d) it will be deemed impossible for an employer to obtain accommodation of the type referred to in clause 66.3(d)(i) where it is necessary for the artist to spend more than 1.5 hours travelling from the location to the nearest accommodation.
(iv) Where an artist is required by the employer to perform an engagement interstate starting before 9.00 am on the first day of engagement and it is impracticable for the artist to travel from home the artist will be reimbursed the actual cost of overnight accommodation. Where an artist is required to perform an engagement interstate finishing after 7.00 pm on the final day of employment the artist will be reimbursed the actual cost of overnight accommodation where it is impracticable for the artist to return home. This provision does not apply where the employer provides suitable accommodation.
(v) Where an artist is required by the employer to travel intrastate or to perform an engagement more than 80 km from their place of residence and commence work before 9.00 am on the first day of engagement the employer will reimburse the artist for the actual cost of overnight accommodation. Where an artist is required to perform an engagement more than 80 km from their place of residence and finish work after 6.00 pm on the final day of employment, the employer will reimburse the artist the actual cost of overnight accommodation. This provision does not apply where the employer provides suitable accommodation.
(vi) If an artist is required to travel to or from an engagement on any day on which they are not being paid for work they will travel at a time which as far as possible will be at a time to suit their convenience and be paid at the hourly equivalent of the relevant daily award rate specified in clause 13—Classifications and minimum rates with a minimum of 4 hours’ payment (meal breaks excluded).
(vii) An artist will be provided with transport between the pick-up point and place of work if they require it.
(viii) An artist required by the employer to carry baggage of not less than 8 kilograms or which cannot be conveniently carried by the artist by hand, to a location or studio or pick-up point will be reimbursed for the actual cost of taxi or private automobile transport to and from the artist’s place of residence. This provision will not apply where the employer provides transport.
(ix) The artist required to stay overnight from the artist’s place of residence will be paid the actual cost of transport both ways between all town or city transport terminals, places of work and places of overnight accommodation. This provision does not apply if the employer provides transport.
(x) An artist not required to stay away overnight from their place of residence will be reimbursed the actual cost of taxi or private automobile transport either way as relevant between their place of residence and the place of work as set out below:
· when the artist’s work starts before 7.00 am or finishes after 7.00 pm (or in the case of daylight saving 8.00 pm) and the place of work is not convenient to the nearest means of regular public transport; or
· when an artist starts or finishes work at a time when the normal means of regular transport is not available within 30 minutes of the artist’s starting or finishing time.
This provision will not apply where the employer provides the artist with suitable transport.
(xi) Payment of allowances under clause 66.3(d) will be paid to an artist on a day to day basis.
(i) Where an employer requires an employee to provide properties, wigs, footwear and articles of clothing not possessed by the artist and any article of clothing or footwear peculiar to any trade, calling, occupation or sport the artist will be reimbursed up to the actual cost to the artist of providing these items. This provision will not apply where the employer provides these items.
(ii) Where an employer requires an artist to wear footwear and/or civilian dress of a type which is customarily worn by civilians of the present day in Australia the artist may be required to provide such wardrobe if it is already in the artist’s possession. In the event that such wardrobe is not in the artist’s possession, the artist will be reimbursed up to the actual cost to the artist of providing the items. This will not apply where the employer provides such items.
(iv) The employer may elect, as an alternative to its obligation pursuant to clause 66.3(e)(iii), to pay the following allowance:
(v) For the purpose of clause 66.3(e)(iv), week means a period of 7 consecutive days calculated from the first day on which an artist provides the wardrobe under clause 66.3(e)(iv).
66.4 Release allowances payable to performers—feature films only
(i) The payment as specified in clause 13—Classifications and minimum rates will entitle the producer to Australian theatrical rights. The producer may acquire additional rights from an actor by the payment of an additional allowance based on the percentage of their ordinary rate of pay set out below to secure the rights to release the film in the following way:
· Australian television rights
Not more than 4 screenings in any one television area over 5 years —20%
· World television rights (excluding any screening on a USA Network)
Not more than 7 screenings in each or any television area in the world—25%
· World theatrical rights—25%
· World ancillary rights (as defined) excluding Australia—20%
· USA Network television rights—50%
· Australian ancillary rights—20%
(ii) The percentage set out in clause 66.4(i) will apply if the producer pays the allowance at the time of the production. If the allowance is not paid at the time of the production, and is paid subsequently, the applicable percentage will be doubled. Any additional screenings are to be the subject of further negotiation.
67. Meal breaks and rest breaks
(i) If duty starts before 5.30 am the employer will allow a 30 minute break between 6.30 am and 8.00 am. This break will be considered time on duty.
(ii) A breakfast allowance as set out in clause 66.3(a)(ii) will be paid unless the employer provides breakfast.
(iii) Where duty starts between 5.30 am and 7.00 am the employer will pay an allowance as set out in clause 66.3(a)(ii) unless breakfast is provided by the employer.
(b) Where an artist is required to start work at a time which does not allow them to obtain breakfast at the place of accommodation the employer will pay the artist the amount set out in clause 66.3(a)(ii) or provided with an adequate breakfast.
(i) An artist will be allowed meal periods of 30 to 60 minutes between:
· Lunch—12.00 noon and 2.00 pm; and
· Dinner—5.00 pm and 8.00 pm or 6.00 pm and 9.00 pm during daylight savings.
(ii) A meal break (other than breakfast in clause 67.1(a)) will not be considered time on duty.
(iii) A meal break under clause 67.1(c) will commence not later than 5 hours from the start of the work session involved.
(d) When proper meals are unavailable or the artist by reason of wearing costume and/or make-up is unable to proceed to a public restaurant etc., the employer will pay the artist the amount as set out in clause 66.3(a)(ii) for lunch and for dinner or provide adequate meals.
(i) Weekdays—150%;
(ii) Saturday—175%;
(iii) Sunday—200%; and
(iv) Public holiday—250%.
(f) An artist required to work beyond the time of a second meal break will be paid an allowance as set out in clause 66.3(a)(i) unless the employer provides the appropriate meal.
(g) When overtime duty is performed beyond midnight a supper break of half an hour must be allowed and taken as time on duty. The employer must reimburse the artist at the rate set out in clause 66.3(a)(i) per supper or provide supper.
(h) Rest breaks
(i) Artists will be granted a rest period of 10 minutes during the morning and afternoon of each day.
(ii) Where the period between meal breaks or between starting time and the first meal break is more than 5 hours, the rest period will be of 20 minutes duration.
(iii) No artist will be entitled to more than one rest period during each morning or afternoon.
(i) All meal breaks and rest periods are to be uninterrupted and free from hair, wardrobe, make-up, rehearsal calls and other work.
(k) Where an artist is scheduled only a single day off in a week, the minimum break for that day will be 34 consecutive hours calculated from the time the artist stops work on the day prior to the break. Where an artist does not receive a break of 34 hours they will be paid at 200% for that period of time worked which is equal to the time by which the 34 hour break was shortened. For the purpose of clause 67.1 publicity and/or promotion work will not be regarded as work in a 34 hour break and such work will be paid for at the rate prescribed in clause 66.2(d).
67.2 Dancers
(a) A 30 minute warm-up period prior to the commencement of work will be counted as time worked.
(b) A rest break of at least 10 minutes per hour will be granted during all rehearsal/production periods.
(c) This provision applies only in circumstances where professional dancers are engaged as such to perform choreographed or unchoreographed dance to a level normally expected of a professional dancer.
[Varied by PR723872]
[Note inserted by PR723872 ppc 20Nov20]
NOTE: The overtime rates for casual employees in clause 68 have been calculated by adding the casual loading prescribed by clause 11.2 to the hourly rate before applying the overtime rates prescribed for full-time and part-time employees.
68.1 An employee will work overtime as an employer may reasonably require.
68.2 For half daily engagements time worked in excess of 4 hours will be paid for at the appropriate overtime rate.
68.3 Television other than television programs
[68.3(a) substituted by PR723872 ppc 20Nov20]
(a) For all time worked in excess of 8 hours per day other than on Sunday or public holidays, payment will be made at the following rates:
(i) for a full-time or part-time employee—150% for the first 2 hours and 200% after 2 hours;
(ii) for a casual employee—187.5% for the first 2 hours and 250% after 2 hours.
(b) Overtime and penalty rates will be based on the employee’s ordinary rate of pay.
[68.4(a) substituted by PR723872 ppc 20Nov20]
(a) For all time worked in excess of 8 hours per day on Monday to Friday or 38 hours per week, payment will be made at the following rates:
(i) for a full-time or part-time employee—150% for the first 3 hours and 200% after 3 hours;
(ii) for a casual employee—187.5% for the first 3 hours and 250% after 3 hours.
(b) For purposes of calculating overtime payments each day’s overtime will stand alone.
[68.4(c) varied by PR723872 ppc 20Nov20]
[New 68.4(d) inserted by PR723872 ppc 20Nov20]
(d) Where overtime is worked on a Saturday following the working of ordinary hours of work the overtime will be paid at the following rates:
(i) for a full-time or part-time employee—175% for the first 3 hours and 200% after 3 hours;
(ii) for a casual employee—218.75% for the first 3 hours and 250% after 3 hours.
[68.4(d) renumbered as 68.4(e) and substituted by PR723872 ppc 20Nov20]
(e) Where overtime is worked on a Saturday which does not follow or is not continuous with the working of ordinary hours of work (i.e. where Saturday is a sixth or seventh day of the week) it will be paid for at the following rates:
(i) for a full-time or part-time employee—150% for the first 3 hours and 200% after 3 hours;
(ii) for a casual employee—187.5% for the first 3 hours and 250% after 3 hours.
[68.4(e) renumbered as 68.4(f) by PR723872 ppc 20Nov20]
(f) For all work performed between 11.00 pm and 6.30 am a penalty of 25% will be paid for each hour so worked.
[68.4(f) renumbered as 68.4(g) by PR723872 ppc 20Nov20]
(g) Where the work is performed between midnight Friday and 6.30 am Saturday, or between 8.00 pm and midnight Saturday, the penalty will be 50%.
68.5 All other content
(a) For all work performed between 8.00 pm and 7.00 am a penalty of 25% will be paid for each hour worked.
(b) Provided that where the work is performed between midnight Friday and 7.00 am Saturday, or between 8.00 pm and midnight Saturday, the penalty will be 50%.
[68.5(c) substituted by PR723872 ppc 20Nov20]
(c) For all time worked in excess of 8 hours per day on Monday to Friday or 38 hours per week, payment will be made at the following rates:
(i) for a full-time or part-time employee—150% for the first 3 hours and 200% after 3 hours;
(ii) for a casual employee—187.5% for the first 3 hours and 250% after 3 hours.
(d) For purposes of calculating overtime payments each day’s overtime will stand alone.
[68.5(f) substituted by PR723872 ppc 20Nov20]
(i) for a full-time or part-time employee—175% for the first 3 hours and 200% after 3 hours;
(ii) for a casual employee—218.75% for the first 3 hours and 250% after 3 hours.
[68.5(g) substituted by PR723872 ppc 20Nov20]
(g) Where overtime is worked on a Saturday which does not follow or is not continuous with the working of ordinary hours of work (i.e. where Saturday is a sixth or seventh day of the week) it will be paid for at the following rates:
(i) for a full-time or and part-time employee—150% for the first 3 hours and 200% after 3 hours;
(ii) for a casual employee—187.5% for the first 3 hours and 250% after 3 hours.
68.6 General (applicable to all productions)
Overtime will not be paid twice for the same time worked and will be paid for to the nearest half hour.
[Varied by PR747412]
All time worked on a Sunday will be paid at 200%.
69.2 Postponement
(a) Advertising productions
(i) A call may be postponed without payment if 3 days’ notice is given, or if the postponement is the result of late arrival or non-attendance of an employee.
(ii) Postponement which is the result of unsuitable weather conditions for the filming of a particular call will attract:
· no payment for the first postponement;
· payment of 25% of ordinary rates for the second, fourth, sixth, etc. postponement; and
· payment of 50% of ordinary rates for the third, fifth, seventh, etc. postponement.
(b) Other content
(i) A call may be postponed without payment to the artist provided that at least 7 days’ notice has been given to the artist prior to the time of the original call.
(ii) If less than 7 days’ notice is provided the artist will be paid the following percentage of their ordinary rate calculated on a daily basis:
|
Notice provided |
% of ordinary rate |
|
Between 5 and 6 days (inclusive) |
16.66 |
|
Between 2 and 4 days (inclusive) |
33.33 |
|
Between 24 hours and less than 48 hours |
50 |
|
Less than 24 hours |
75 |
(iii) Where an artist has been booked and no work is performed on that day due to weather conditions the artist will be paid:
· 50% of their ordinary rate, calculated on a daily basis for such day if the artist had not been required to attend the place of work; or
· 75% of their ordinary rate if the artist has attended the place of work.
(iv) If the artist has attended the place of work and:
· was not advised of the postponement prior to the start of the call; or
· the place of the call was more than 20 km from the GPO,
the artist will receive their ordinary rate in full.
(c) Calls substituted for the postponed call will be paid for at the rate for the original call.
69.3 Public holidays
[69.3 varied by PR747412 ppc 14Nov22]
If by reason of any of the public holidays being a weekday on which no work is done, a full-time or part-time artist will be credited with 8 hours work for each holiday and their wage for the week paid without deduction or for a part-day public holiday, credited on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
If an artist is required to stay away overnight from their place of residence but is not required to work (not being their usual day off) the artist will receive their ordinary rate for each day, unless the artist is engaged on a weekly basis.
71.2 In all other cases the duration of a call will not exceed 3 hours and will include all intervals and breaks as time worked. All time worked in excess of 3 hours will be paid at the appropriate overtime rate.
72.1 The terms of engagement of a musician employed in the making of feature films, documentaries, telemovies and television mini-series will be specified by the producer when the engagement is made, confirmed in writing and forwarded to the musicians where possible at least 48 hours before recording call commences.
72.2 The employer will specify in writing as part of the terms of engagement the details of work to be performed by the musician including:
(a) the production title, the production company and the employer’s name;
(b) the instrument to be played, if doubling is required, and in the case of a session singer the type of work required by the employee (e.g. doubling, harmonising, original track);
(c) the hours and days required to work;
(d) the fees to be paid; and
(e) whether the engagement is for auditioning or demonstration purposes.
72.3 At least 48 hours’ notice will be given by the employer of the cancellation or postponement of a recording call, failing which payment in full will be made.
72.5 A call will be deemed to have started at the time notified by the employer but, should all members of the orchestra not be present and ready to commence at the time notified by the employer as the starting time, the call will be deemed to have started only when the entire orchestra actually commences.
73. Meal breaks and rest breaks
73.1 A musician will be entitled to a break of not less than 15 minutes in each call. This break will be taken at a time mutually agreed and will count as time worked.
73.3 An employee will be allowed a break of 10 consecutive hours between the time the employee finishes work on one day and the time the employee next starts work. If the employee starts without having received the break, the employee will be paid at 200% of their ordinary rate until the employee receives a 10 hour break.
[Varied by PR729534, PR740940, PR762367]
74.1 Employers must pay to a musician the allowances the employee is entitled to under clause 74.
NOTE: See Schedule H—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
74.2 Expense-related allowances
(a) Travel allowances
(ii) An employee required by the employer to travel will be reimbursed the actual cost of a first class ticket for train (including sleeping accommodation), ship or in the case of aircraft, economy class ticket, to the required destination. This provision will not apply where the employer provides and the employee elects to use employer provided transport.
(iii) An employee required by the employer to stay away overnight from their usual place of residence will be reimbursed by the employer the actual cost of suitable accommodation. This provision will not apply where the employer provides suitable accommodation.
[74.2(a)(iv) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
(v) An employee required by the employer to perform in an engagement either interstate from their ordinary place of residence or at a location which involves the employee travelling a like or similar distance will be reimbursed the actual cost of return transport in accordance with clause 74.2(a)(i). This provision will not apply where the employer provides transport.
(vi) An employee required by the employer to stay away overnight from their ordinary place of residence will be reimbursed the actual cost of all transport both ways between all town or city transport terminals, places of work and places of overnight accommodation. This provision will not apply where the employer provides transport.
(vii) An employee not required to stay away from their place of residence will be provided with taxi or private automobile transport either way as relevant between the place of residence and the place of work or to be paid the cost of same in any of the following circumstances:
· when an employee’s work commences before 8.00 am or finishes after 8.00 pm (9.00 pm daylight saving) and the place is not convenient to the nearest means of regular public transport; or
· when an employee starts or finishes work at a time that the normal means of regular transport are not available within 30 minutes of the employee’s starting or finishing time.
74.3 Other allowances
(a) Principal players as defined in Schedule F—Musicians will be paid an additional amount of 25% of the minimum rate per call.
(b) Doubling—a musician required to play more than one instrument and a session singer required to multi-track the same line of music, will be paid an additional amount of 25% of the minimum rate per additional instrument per call.
(c) Overdubbing—where a producer requires a musician to play additional parts or a session singer is required to multi-track a different line of music, the musician will be paid an additional minimum call of 3 hours’ duration.
(d) Leaders as defined in Schedule F—Musicians will be paid an additional amount of 33.3% of the total minimum call rate.
[Substituted by PR723872 ppc 20Nov20]
NOTE: The overtime rates for casual employees in clause 75 have been calculated by adding the casual loading prescribed by clause 11.2 to the minimum hourly rate before applying the overtime rates prescribed for full-time and part-time employees.
75.1 Any time worked in excess of an initial 3-hour call will be paid at the following rates and will be calculated in segments of 15 minutes:
(a) for a full-time or part-time employee—150% of the minimum hourly rate for 2 hours and 200% of the minimum hourly rate after 2 hours;
(b) for a casual employee—187.5% of the minimum hourly rate for 2 hours and 250% of the minimum hourly rate after 2 hours.
75.2 Any time worked in excess of the initial 3-hour call for purpose of recording material in excess of 21 minutes will be paid at the following rates with a minimum payment as for one hour:
(a) for a full-time or part-time employee—150% of the minimum hourly rate;
(b) for a casual employee—187.5% of the minimum hourly rate.
75.3 All time worked in excess of the ordinary hours of an engagement on any one day will be paid at the following rates to be calculated to the nearest quarter of an hour:
(a) for a full-time or part-time employee—150% of the minimum hourly rate for the first 4 hours and 200% of the minimum hourly rate after 4 hours;
(b) for a casual employee—187.5% of the minimum hourly rate for the first 4 hours and 250% of the minimum hourly rate after 4 hours.
[Varied by PR747412]
76.1 Sundays
All work performed on Sunday will be paid for at 200%.
(b) Casual employees will be paid for work on public holidays at 200% of the minimum hourly rate of pay plus the 25% casual loading (calculated on the ordinary rate of pay).
[76.2(c) inserted by PR747412 ppc 14Nov22]
(c) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 76.2(a).
(a) All work excluding live recordings performed on public holidays will be paid for at 250%.
(b) Should the recording in any one session total more than 21 minutes, a loading of 25% of the performer’s session fee in that session will be paid for each additional 3 minutes or part thereof.
(c) For all work performed between 11.00 pm and 8.00 am, a penalty of 25% will be paid for each hour so worked. Where the work is performed between midnight Friday and 7.00 am Saturday or between 8.00 pm and midnight Saturday, the penalty will be 50%.
(d) An employee required to perform as an Ensemble singer must receive a penalty of 100% of the minimum session as set out in clause 13.12.
Part 13—Motion Picture Production
(a) in days of up to 10 hours each over 5 days between Monday to Saturday, such hours to be worked continuously with the exception of meal breaks; or
77.2 All time worked on a Sunday will be overtime and paid in accordance with clause 80—Overtime.
77.3 Except when living away from home and working on location, hours of work will start and finish at a nominated place of call. A nominated place of call for the purposes of Part 13 of this award will mean, in the case of a capital city, a place nominated by the employer within 25 km of the GPO of such capital city or in other cases, a place nominated by the employer within 25 km of the employer’s usual place of business.
77.4 When living away from home and working on location, hours of work will commence and finish at the place where the employee is provided with accommodation.
78.1 The following breaks will be given, or the penalties prescribed in clause 78.2 will be paid, in the case of:
(a) 2 consecutive days worked—10 clear hours between the finish of one day’s work and the start of the next day’s work; or
(b) a single day off—34 clear hours between the finish of work prior to the day off and the start of work following the day off.
78.2 Any employee required to commence work without receiving a break as prescribed in clause 78.1 will be paid an additional 100% of the minimum hourly rate for all time actually worked after the break was to be taken until the employee receives a break as set out in clause 78.1.
79.1 Meal breaks will start no later than 5 hours from the start of the work session or the end of the last meal break, whichever is later.
79.2 If the meal break is not allowed as provided by clause 79 the normal time of the meal break will be paid at the following rates:
(a) weekdays—150% of the minimum hourly rate;
(b) Saturdays—175% of the minimum hourly rate;
(c) Sundays—200% of the minimum hourly rate; and
(d) public holidays—250% of the minimum hourly rate.
79.3 The employee will be permitted to have their usual meal break without deduction from their ordinary rate of pay as soon as possible after the prescribed meal break.
79.4 Where an employee is required to work beyond the time of their second meal break a meal will be provided by the employer or the appropriate allowance in clause 83.2(a) will be paid to the employee by the employer.
[Varied by PR723872]
80.1 Overtime will be classified as scheduled or unscheduled in accordance with clause 80.
80.2 Scheduled overtime is overtime which an employee has agreed to work and for which the employer has agreed to pay (whether worked or not) at the start of an engagement.
80.3 Scheduled overtime may be contracted as follows:
(a) where a 5-day week is worked scheduled overtime up to a maximum of 2 hours per day may be contracted for; or
[80.4 substituted by PR723872 ppc 20Nov20]
(a) Monday to Saturday—150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours;
(b) Sunday—200% of the minimum hourly rate; and
(c) any time worked on any day in excess of 12 hours—300% of the minimum hourly rate.
[New 80.5 inserted by PR723872 ppc 20Nov20]
80.5 Subject to other penalties prescribed in this award, casual employees will be paid for all overtime worked as follows:
(a) Monday to Saturday—187.5% of the minimum hourly rate for the first 2 hours and 250% of the minimum hourly rate after 2 hours;
(b) Sunday—250% of the minimum hourly rate; and
(c) any time worked on any day in excess of 12 hours—375% of the minimum hourly rate.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2 to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 80.4.
[80.5 renumbered as 80.6 by PR723872 ppc 20Nov20]
80.6 Where overtime is worked on a day on which ordinary hours are not worked, payment will be made as for a minimum of 4 hours worked.
[80.6 renumbered as 80.7 by PR723872 ppc 20Nov20]
80.7 Any employee recalled to work after leaving the employer’s premises will be paid for a minimum of 3 hours’ work at the appropriate overtime rate.
81. Calculations of penalties and provision of rosters
81.1 For the purposes of applying penalties under Part 13—Motion Picture Production, the week will be divided into time zones as follows and the loadings indicated will be payable in addition to all other payments including overtime for work performed in the relevant time zones.
|
Zone |
Time |
Loading |
|
Zone A |
7.00 am to 8.00 pm Monday to Friday |
Nil |
|
Zone B |
8.00 pm to midnight Monday to Thursday |
25% |
|
|
12.01 am to 7.00 am Tuesday to Friday |
|
|
|
7.00 am to 8.00 pm* Saturday |
|
|
Zone C |
8.00 pm to midnight Friday and Saturday |
50% |
|
|
12.01 am to 7.00 am Saturday |
|
|
Zone D |
12.01 am to 7.00 am** Monday |
100% |
*Except that where an employee contracts to work a 6-day week as provided for in clause 80.3(b) of this award the penalty payable for work between 7.00 am and 8.00 pm on a Saturday will be as for Zone A.
**Except that where no work was performed on either the Saturday or Sunday preceding, the rate applicable for Zone D after 6.00 am will be as for Zone B.
81.2 Penalty and overtime rates will be based on hourly rates calculated from the employee’s ordinary time minimum rate in clause 13—Classifications and minimum rates, on which the employee’s gross agreed remuneration is based. A divisor of 38 will be used for such calculations.
81.3 Calculations will be made per quarter hour and work in excess of 5 minutes will be taken to the next quarter hour.
In addition to the provisions of clause 11—Casual employees the following provisions apply to casual employees.
82.1 Except when hired for one day only, a casual employee not required to work on a second or subsequent day will receive notice of cancellation prior to the finishing of ordinary hours of work on the day prior to the next agreed starting time. If this notice is not given the employee will be paid for a minimum of 8 hours at the appropriate casual rate.
82.2 Casual employees engaged at a location may be employed for a minimum of 4 hours at the appropriate hourly rate.
[Varied by PR729534, PR740940, PR762367]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
NOTE: See Schedule H—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
83.2 Expense-related allowances
[83.2(a)(i) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
[83.2(a)(ii) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
[83.2(a)(iii) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
(iii) When required under clause 79.5, supper will be provided by the employer or the employee will be paid an amount of $14.95.
When living away from home on location a laundry/dry cleaning allowing of $8.30 per day will be provided unless agreement is reached between the employer and the employee that the employer will arrange for the laundering of the employee’s clothes instead of payment of that allowance.
(c) Reimbursement for facilities
Employees will be reimbursed the reasonable cost of obtaining access to proper and sufficient washing and sanitary conveniences, and, except when working on location and living away from home, lockers for the safe storage of clothing and personal effects. This reimbursement will not be payable if the employer provides such facilities.
Employees required to stay overnight from their place of residence will be provided with reasonable accommodation. Where this is impossible and an employee is otherwise accommodated, employees will be entitled to the following allowances:
[83.2(d)(i) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
[83.2(d)(ii) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
[83.2(d)(iii) varied by PR729534, PR740940, PR762367 ppc 01Jul23]
84.2 All time spent travelling will be counted as time worked, subject to the provisions of the award.
(a) time spent in travel will be regarded as time worked and will be calculated as between a radius of 25 km from the GPO and the place of location, such distance to be measured on the basis of the shortest practicable route by road between the employer’s usual place of business and the location, and
(b) the time taken will be calculated on the basis of 2 minutes for each kilometre of distance between the 25 km radius and the location. If the location is within the 25 km radius the location may be considered the place of call and the employee’s time worked may be calculated from their call time at such location.
Schedule A—Television Broadcasting
A.1 Classifications
A.1.1 Definitions
(i) telecast between the hours of 6.00 pm and 10.00 pm by that station and in which program production 3 or more television cameras are jointly used; the total time taken to rehearse on camera, record or transit exceeds 5 hours and in which production a combined number of 20 or more employees in classifications covered by this award are directly engaged in make-up, set designing, cameras, recording and technical operations usually associated with the television production; or
(ii) irrespective of the time of telecast by that station, transmitted live or recorded from an outside broadcast location, involving the joint use of 5 or more outside broadcast cameras under the direction of the Director Major Production concerned; and
(iii) a program transmitted by that originating station to an area where a normal signal can be expected to cover and be able to be satisfactorily received by 400,000 or more persons.
(b) A Technician is an employee who during the normal course of duty performs one or more of the following functions under direction:
(i) installing, setting up, operating or maintaining television equipment such as audio, video, telecine, lighting, recording, transmission or other apparatus associated with television.
(ii) For the purposes of this definition:
· operating includes the preparation and close down procedures incidental to operating equipment including the starting up and closing down of remote controlled transmitters where carried out under the requirements of the Department of Communications but does not include the starting up or closing down of the main or stand-by or emergency transmitter; and
· under direction means that an employee works under general instructions from an employee of higher status.
(c) Videotape
The duties of a Videotape employee cover editing and operation of videotape equipment and refers to equipment other than videotape machines, which are used to record, edit and replay video and audio signals.
(d) Electronic News Gathering (ENG) Camera
The duties of an ENG Camera employee include:
(i) the use of sound and silent cameras and professional sound recording equipment, including separate sound sections, and portable electronic cameras for Electronic News Gathering, as required in the shooting of TV program production, the shooting of TV news without supervision or direction;
(ii) liaison with producers and/or directors on TV program production in setting up or lighting, camera lenses, and special TV program productions;
(iii) maintaining control over sound recording in accordance with professional practice, and maintaining control over stock usage.
(i) Captioners perform captioning work as part of a television broadcast or for the release of content on other digital platforms as part of the broadcasting and recorded entertainment industry.
(ii) Captions are the transcription of speech, sound effects and other pertinent information which features as part of a soundtrack and would not otherwise be accessible to deaf or hearing impaired viewers. Captions are either transmitted live-to-air or are prepared in advance and are timecoded to keep in synch with the soundtrack. Captions can also include colouring and positioning to help identify speakers.
(iii) Captioning may involve the use of a range of computer technology (e.g. keyboard text entry, voice recognition or stenography short-hand keyboards) across a range of program types, prepared for live or file delivery. It requires maintaining accuracy and productivity standards and the use of computer equipment and software programs to achieve this.
(f) Audio Describer
(i) Audio describers perform visual script work as part of a television broadcast or for the release of content on other digital platforms as part of the broadcasting and recorded entertainment industry.
(ii) Audio description is an additional soundtrack that provides vision impaired viewers with a description of what is happening on screen. Audio description is carefully timed and must be included in the gaps between on-screen dialogue.
(iii) Audio Describers use a range of computer technology (e.g. keyboard text entry and specific Audio Description software) that allows them to create timed scripts and pinpoint the exact moment where the narration needs to be recorded so as not to overlap with the original soundtrack. It requires maintaining accuracy and productivity standards and the use of computer equipment and software programs to achieve this.
(g) Subtitler
(i) Subtitlers translate foreign languages into English (or visa-versa) to be used as subtitles for a television broadcast or for the release of content on other digital platforms as part of the broadcasting and recorded entertainment industry.
(ii) Subtitling may involve the use of a range of computer technology (e.g. keyboard text entry, voice recognition or automatic translation) across a range of program types including general translations for recorded narrations for documentaries. It requires the use of computer equipment and software programs to achieve this. It requires high level English and foreign language skills, bilingualism and high level aural and written comprehension. It requires qualifications and accreditation in translation. It may require research skills in preparing subtitles including research into the social, cultural, scientific and historic background of program content.
(h) Subtitling Editor
(i) Subtitling Editors edit, check and prepare subtitles created by a Subtitler for a television broadcast or for the release of content on other digital platforms as part of the broadcasting, recorded entertainment and cinema industry.
(ii) Subtitling may involve the use of a range of computer technology (e.g. keyboard text entry, voice recognition or automatic translation) across a range of program types including general translations for recorded narrations for documentaries. It requires the use of computer equipment and software programs to achieve this. It requires high level English language skills and familiarity with a wide range of idiomatic English. A broad general knowledge is essential. The role of a subtitling editor is to make subtitles accessible to the reader and through the manipulation of syntax and the deployment of linguistic and cultural sensitivity, suitable for broadcast. It may require research skills in preparing subtitles including research into the social, cultural, scientific and historic background of program content. A graduate degree may be required.
A.1.2 Technicians
(a) Supervising Technician A+
Skills, duties, competencies and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) The highest classification for Supervising Technician in studio technical operations, maintenance, transmission or outside broadcasting in a metropolitan television station.
(iii) Assists in the assessment, recruitment and selection of staff.
(iv) Assists in managing the performance of other employees.
(v) Supervises other supervisors (or a section or department) in the sense of work functions/organisation.
(vi) Plans and directs the work of technical employees.
(vii) Co-ordinates general and specialist employees on projects requiring complex and specialised knowledge.
(b) Supervising Technician A
Skills, duties, competencies and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Plans and directs the work of lower classifications.
(iii) Responsible to a manager and/or the chief engineer for the overall supervision of a non-metropolitan television station.
(c) Supervising Technician B
Skills, duties, competencies and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) The highest classification for Supervising Technicians in a section of studio technical operation such as videotape, and installation.
(iii) Assists in the assessment, recruitment and selection of staff.
(iv) Assists in managing the performance of other employees.
(v) Supervises a section or a department in the sense of work functions/organisation and rostering.
(vi) Plans and estimates staffing and material costs for their section.
(vii) Responsible to a Manager and/or Chief Engineer and/or Supervising Technician A for the overall supervision of technical operations of a non-metropolitan television station.
(d) Senior Technician A
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) A high level of diagnostic skill on complex forms of television equipment and instruments.
(iii) Capable of sophisticated maintenance on all types of television equipment.
(iv) Applies overall knowledge and understanding of the operating principles of television equipment to the level of developing and designing systems.
(v) Produces reports of a technical nature independently on tasks or assignments when directed.
(vi) Provides high level technical guidance or advice.
(vii) Meets budgeting/scheduling requirements.
(viii) Co-ordinates concepts with a superior.
(e) Senior Technician B
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Can and does prepare reports of a technical nature on tasks or assignments as directed.
(iii) Exercises discretion and judgment for self and others with respect to planning and selection of work organisation.
(iv) Could be appointed, and works as, a specialist technical/maintenance person.
(v) Performs complex modifications to television equipment.
(vi) Quality control at a high level and uses advanced computer techniques.
(vii) Trains lower levels, but in conjunction with higher level supervisors.
(viii) Subject to general guidance on progress and action—a minimum level of supervision.
(ix) Supervises others, but more a team leader and facilitator.
(x) Works within routine, and non-routine, methods.
(xi) Represents technical departments in liaison with other non-technical areas.
(f) Technician A+
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) A thorough understanding of complex television equipment and specialised circuitry.
(iii) Assists in the preparation of reports of a technical nature on tasks or assignments as directed.
(iv) Responsible for the allocation of staff for the job at hand to accommodate a predetermined schedule.
(g) Technician A
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) In-depth knowledge of the maintenance of television equipment and intricate circuitry.
(iii) Sets up, operates and maintains all types of television equipment.
(iv) Is under broad guidance on own work and provides guidance.
(v) Checks the work of others relating to its overall progress.
(vi) Provides higher level technical guidance and advice.
(vii) Co-ordinates concepts with a superior.
(h) Technician B+
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) A working knowledge of television equipment and a broad range of skills.
(iii) Sets up, installs, operates and/or maintains complex television equipment.
(iv) Possesses and exercises more advanced computer skills on software applications and diagnostics.
(v) Exercises discretion and judgment on equipment selection for the job at hand.
(vi) Works within routines but exercises initiative and judgment.
(vii) Provides trade level guidance with limited supervision of lower classifications.
(viii) Monitors and assists the work of others.
(i) Technician B
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classification.
(ii) Works from semi-complex instructions.
(iii) Works in a team environment.
(iv) Capable of using precision measuring instruments (e.g. assess readings from instrumentation).
(v) Basic fault finding, sets up, installs and/or operates television equipment.
(vi) Intermediate computer skills on software applications and diagnostics.
(vii) Gives instruction but in conjunction with appropriate higher level.
(viii) Performs a range of maintenance functions.
(ix) Works under routine guidance and is subject to intermittent checking.
(x) This is a minimum trade level entry position.
(j) Assistant/Trainee Technician
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) In the course of training.
(vi) Accurately measures.
(vii) Basic computer skills on software applications and diagnostics.
(viii) Performs duties of a minor nature.
(ix) Responsible for the quality of their own work, but under supervision.
(x) Uses discretion within level of skills.
Promotion/Progression to Technician B
Upon successful completion of training, after 12 months’ continuous service at the Assistant Trainee Technician classification the employee is to be progressed to Technician B.
A.1.3 Audio
(a) Supervisor Audio
Skills, duties, competencies and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) This is a working supervisor/leading hand.
(iii) Responsible to an employee of the Production/Operations or Station management staff.
(iv) Responsible for the overall supervision of audio operations.
(v) Assists in selection and assessment procedures.
(vi) May assess the performance of other employees but does not have the ultimate say in promotion.
(vii) Judgment for self and others in planning and selection of equipment, work organisation, services, actions and outcomes within time constraints.
(viii) Working under broad guidance within a structured plan.
(ix) Responsibility for, but not full accountability for, audio personnel at a lower level.
(x) Participates in the preparation of, but not responsible for, the final budget.
(xi) Plans and estimates staffing and material costs, but not to the level of the overall planning and budgeting of the department.
(xii) Responsible for the allocation of staff within this occupational group to accommodate a predetermined production schedule.
(b) Senior Audio Director A
Skills, duties, competencies and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Has an overall and in-depth knowledge and understanding of the television operating systems.
(iii) Provides high level guidance or advice on audio operations.
(iv) An overall knowledge and understanding of operating systems.
(v) Prepares reports on/about specific tasks.
(vi) A high level of diagnostic skills on complex forms of audio equipment and instruments.
(vii) Works on Major Production as defined.
(c) Senior Audio Director B
Skills, duties, competencies and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Performs varied and highly specific tasks.
(iii) Complexity in range of choice and actions.
(iv) Audio directs any style of television production (studio and outside broadcast), regardless of number of sources or complexity of the program.
(v) In-depth knowledge of audio operations in all areas including communications.
(vi) Assists in training.
(vii) Initiative and judgment for self and others.
(d) Audio Operator A/Audio Director
Skills, duties, competencies and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Thorough knowledge of studio procedures, terminology and audio hardware.
(iii) In addition works on complex communication equipment.
(iv) As an Audio Director, in the course of performing duties could be responsible for the supervision and training of lower classifications.
(v) Responsible for the allocation of staff for the job at hand to accommodate a predetermined production schedule.
(e) Audio Operator A
Skills, duties, competencies and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Works on all types of productions.
(iii) Works within routines but exercises initiative and judgment.
(iv) In-depth knowledge of studio procedures, terminology and audio hardware.
(v) May work as an Audio Director, works from basic instructions which do not require complex audio operations.
(vi) May work as an Audio Director on non Major Production involving multiple audio sources.
(vii) Works on minor sport or productions, lower level sport and outside broadcasts than an Audio Director.
(f) Audio Operator B+
Skills, duties, competencies and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) An in-depth knowledge of equipment and a broad range of skills.
(iii) Sets up, installs, maintains complex audio equipment.
(iv) Proficient in operating audio functions including mic, public address, foldback, booth.
(v) Performs a range of audio maintenance functions.
(vi) Exercises discretion and judgment on equipment selection for the job at hand.
(vii) Advanced computer skills on software application and diagnostics.
(viii) Works within routines, but exercises initiative and judgment.
(ix) Provides trade level guidance with limited supervision of lower classifications.
(x) Works under routine guidance and is subject to intermittent checking.
(xi) Monitors and assists the work of others.
(g) Audio Operator B
Skills, duties, competencies and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Intermediate computer skills on software applications and diagnostics.
(iii) Exercises minimal judgment.
(iv) Can give instruction but in conjunction with appropriate higher level.
(v) Uses precision measuring instruments (e.g. assess readings from instrumentation).
(vi) Sets up and operates basic public address and sound reproduction systems.
(vii) Works from semi-complex instructions.
(viii) Works in a team environment.
(ix) Works within a fixed format operations (e.g. news and hostings).
(x) Sets up and rigs floor and control room based equipment.
(xi) Basic fault finding, maintains, sets up and operates equipment.
(xii) Responsible for own work under general supervision.
(xiii) Routine and structured operational maintenance work.
(h) Trainee Audio Operator
Skills, duties, competencies and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) In the course of training.
(vi) Accurately measures.
(vii) Basic computer skills on software application and diagnostics.
(viii) Performs duties of a minor nature.
(ix) Responsible for the quality of their own work, but under supervision.
(x) Uses discretion within level of skills.
Promotion/Progression to Audio Operator B
Upon successful completion of training, after 12 months’ continuous service at the Trainee Audio Operator classification the employee is to be progressed to Audio Operator B.
A.1.4 Lighting
(a) Supervisor Lighting
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) This is a working supervisor/leading hand.
(iii) Responsible to an employee of the Production/Operations or Station management staff.
(iv) Responsible for the overall supervision of lighting operations.
(v) Assists in the selection and assessment procedures.
(vi) May assess the performance of other employees but does not have the ultimate say in promotion.
(vii) Judgment for self and others in planning and selection of equipment, work organisation, services, actions and outcomes within time constraints.
(viii) Working under broad guidance within a structured plan.
(ix) Responsibility for, but not full accountability for, lighting personnel at a lower level.
(x) Participates in the preparation of, but not responsible for, the final budget.
(xi) Plans and estimates staffing and material costs, but not to the level of the overall planning and budgeting of the department.
(xii) Responsible for the allocation of staff within this occupational group to accommodate a predetermined production schedule.
(b) Senior Lighting Director A
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Has an overall knowledge and understanding of the operating principles of television.
(iii) Works on Major Production requiring complex operations in a senior role.
(iv) Provides technical competence and guidance or advice.
(v) An overall knowledge and understanding of television operating systems.
(vi) Prepares reports on/about specific tasks.
(vii) A high level of diagnostic skills on complex forms of lighting equipment and instruments.
(c) Senior Lighting Director B
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Works on productions requiring complex operations in a senior role.
(iii) Performs varied and highly specific tasks.
(iv) Complexity in range of choice and actions.
(v) Lighting directs any style of television production (studio and outside broadcast), regardless of location, size or complexity of the program.
(vi) In-depth knowledge of lighting operation in all areas.
(vii) Assists in training.
(viii) Initiative and judgment for self and others.
(d) Lighting Operator A/Lighting Director
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Thorough knowledge of studio procedures, terminology and lighting hardware.
(iii) As a Lighting Director, in the course of performing duties could be responsible of the supervision and training of lower classifications.
(iv) Responsible for the allocation of staff for the job at hand to accommodate a predetermined production schedule.
(e) Lighting Operator A
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Works on all types of productions.
(iii) Works within routines but exercises initiative and judgment.
(iv) In-depth knowledge of studio procedures, terminology and lighting hardware.
(v) Proficient in operating general lighting functions.
(vi) May work as a Lighting Director, works from basic instructions, which do not require complex lighting operations.
(vii) May work as a Lighting Director on non Major Production.
(viii) Works on minor sport or productions, lower level sport and outside broadcasts than a Lighting Director.
(f) Lighting Operator B+
Skills, duties, competencies and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Advanced computer skills on software applications and diagnostics.
(iii) An in-depth knowledge of equipment and a broad range of skills.
(iv) Set-up and selection of complex lighting equipment.
(v) Proficient in operating lighting control equipment.
(vi) Exercises discretion and judgment on equipment selection for the job at hand.
(vii) Works within routines, but exercises initiative and judgment.
(viii) Provides trade level guidance with limited supervision of the lower classifications.
(ix) Works under routine guidance and is subject to intermittent checking.
(x) Monitors and assists the work of others.
(g) Lighting Operator B
Skills, duties, competencies and responsibilities held and exercised
(i) Performs the duties of the lower classification.
(ii) Exercises minimal judgment.
(iii) Can give instruction but in conjunction with appropriate higher level.
(iv) Set up and operation of lighting equipment at a non-technical level.
(v) Works from semi-complex instruction.
(vi) Works in a team environment.
(vii) Works within fixed format lighting operations (e.g. news and hostings).
(viii) Responsible for own work under general supervision.
(ix) Routine and structured operational maintenance work.
(x) Basic fault finding, maintains, sets up and operates equipment.
(xi) Intermediate computer skills on software applications and diagnostics.
(h) Trainee Lighting Operator
Skills, duties, competencies and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) In the course of training.
(vi) Accurately measures.
(vii) Basic computer skills on software applications and diagnostics.
(viii) Performs duties of a minor nature.
(ix) Responsible for the quality of their own work, but under supervision.
(x) Uses discretion within level of skills.
Promotion/Progression for Lighting Operator B
Upon successful completion of training, after 12 months’ continuous service at the Trainee Lighting Operator classification the employee is to be progressed to Lighting Operator B.
A.1.5 Master Control (MC)
(a) MC Supervisor
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Has an overall knowledge and understanding of the operating principles of a television station.
(iii) A high level of diagnostic skills on complex forms of television equipment and instruments.
(iv) A working supervisor with the emphasis on responsibility for others.
(v) A section supervisor but not a head of a department.
(vi) Responsible to the Department Manager.
(vii) Responsible for the allocation of staff and resources within this occupational group to accommodate a predetermined schedule.
(viii) Responsible for training.
(ix) Provides high level technical and operational guidance or advice.
(x) Capable of meeting budgeting requirements.
(b) Senior MC Operator A
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of lower classifications.
(ii) An overall knowledge and understanding of the operating principles of television equipment and intricate circuitry.
(iii) A high level of diagnostic skills on complex television equipment and instruments.
(iv) Independently produces reports of a technical nature on tasks or assignments when directed.
(c) Senior MC Operator B
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Prepares reports of a technical nature on tasks or assignments as directed.
(iii) Exercises discretion and judgment for self and others with respect to planning and selection of work organisation.
(iv) Works on complex interconnected television equipment with intricate circuitry.
(v) Performs complex modifications to television and communications equipment.
(vi) Exercises and performs quality control at a high level and uses advanced computer techniques.
(vii) Trains lower levels, but in conjunction with higher level supervisors.
(viii) Subject to general guidance on progress and action, a minimum level of supervision.
(ix) Includes the supervision of others but more a team leader and facilitator.
(x) Works within routine and non-routine methods.
(d) MC Operator A+
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) A thorough understanding of complex television and communications equipment and specialised circuitry.
(iii) Assists in the preparation of reports of a technical nature on tasks or assignments as directed.
(iv) Responsible for the allocation of staff and resources for the job at hand.
(e) MC Operator A
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) An in-depth knowledge of the maintenance of television equipment and intricate circuitry.
(iii) Sets up and operates all types of television and communications equipment.
(iv) Works on intricate circuitry involving examining, diagnosing, fault finding, processing and modifying interconnected equipment.
(v) Under broad guidance on own work and provides trade level guidance.
(vi) Checks the work of others relating to its overall progress.
(f) MC Operator B+
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of lower classifications.
(ii) An in-depth knowledge of television equipment and a broad range of skills.
(iii) Sets up and operates a wide range of television and communications equipment.
(iv) Works within routines but exercises initiative and judgment.
(v) Provides trade level guidance with limited supervision of lower classifications.
(vi) Performs a range of maintenance functions.
(vii) Monitors and assists the work of others.
(g) MC Operator B
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Works from semi-complex instructions.
(iii) Uses precision measuring instruments (e.g. assess readings from instrumentation).
(iv) Capable of basic fault finding.
(v) Sets up and operates equipment.
(vi) In-depth knowledge and a broad range of skills.
(vii) Intermediate computer skills.
(viii) Works under routine guidance and is subject to intermittent checking.
(ix) Exercises initiative, discretion and judgment on equipment selection and operation for the job at hand.
(x) Can give instruction but in conjunction with appropriate higher level classifications.
(h) Trainee MC Operator/Assistant MC Operator
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) In the course of training.
(vi) Accurately measures.
(vii) Basic computer skills.
(viii) Performs duties of a minor nature.
(ix) Responsible for the quality of their own work, but under supervision.
(x) Uses discretion within level of skills.
Promotion/Progression to MC Operator B
Upon successful completion of training, after 12 months’ continuous service at the Trainee MC Operator/Assistant MC Operator classification, the employee is to be progressed to MC Operator B.
A.1.6 Vision Switcher
(a) Vision Switcher Major Production
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Can switch any style of television production regardless of the number of sources or complexity of the program.
(iii) A comprehensive range of skills.
(iv) Works on Major Production as defined.
(v) If other lower level vision switchers are employed, could be responsible for the allocation of those staff within this occupational group to accommodate a predetermined production schedule.
(b) Vision Switcher
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Works within routines and under direction, but exercises initiative and judgment.
(iii) In-depth knowledge and a broad range of tasks and roles.
(iv) Switches video signals and operates associated video effects equipment during a recording, rehearsal or live transmission of a program, under the direction of a director or co-ordinator.
(v) Responsible to the director or co-ordinator of the specific production they are working on.
(vi) Provides guidance, assistance and training.
(vii) Possesses and exercises advanced computer skills.
(viii) Exercises discretion and judgment when vision switching under the direction of a director or co-ordinator.
(c) Trainee Vision Switcher
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) In the course of training.
(vi) Accurately measures.
(vii) Basic computer skills.
(viii) Performs duties of a minor nature.
(ix) Responsible for the quality of their own work, but under supervision.
(x) Uses discretion within level of skills.
A.1.7 On-air presentation
(a) Supervising Presentation Co-ordinator
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of lower classifications.
(ii) In-depth knowledge of On-air Presentation and other areas of a television station.
(iii) Has an overall knowledge and understanding of the operating principles of a television station.
(iv) A working supervisor with the emphasis on responsibility.
(v) Responsible to an employee of the Presentation, Program, Operations or Station management staff.
(vi) Responsible for the supervision control and training of Assistant Co‑ordinators and Co-ordinators, where at least 5 full-time Co‑ordinators are employed (including this position).
(vii) Has input into planning and estimating staffing and material costs.
(viii) Assists in the recruitment, selection and assessment procedures.
(ix) May assess the performance of other employees but does not have the ultimate say in promotion.
(x) Responsible for the allocation of staff and resources within this occupational group to accommodate a predetermined schedule.
(b) Presentation Co-ordinator
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of lower classifications.
(ii) When co-ordinating, during the course of transmission, co-ordinates activities of a number of areas including studio, videotapes, other stations with regard to transmissions.
(iii) In-depth knowledge of the operating principles of a television station and possess a broad range of skills.
(iv) Responsible for the continuity, timing and switching of program transmissions.
(v) Responsible to a more senior person by whatever designation, similar to Station Manager/Program Manager/Presentation Manager/Operations Manager.
(vi) Assists in training.
(vii) Judgment for self and others in planning, work organisation, services, actions and outcomes within time constraints.
(viii) Possess advanced computer skills.
(c) Assistant Presentation Co-ordinator
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of lower classifications.
(ii) Works from semi-complex instructions.
(iii) Works in a team environment.
(iv) Capable of basic fault finding.
(v) Sets up and operates videotape machines in record and replay modes.
(vi) Typical, fixed format operations.
(vii) Assists Presentation Co-ordinator with execution of on-air logs.
(viii) Works under routine guidance and subject to intermittent checking and close supervision from a Presentation Co-ordinator in the immediate proximity.
(ix) Works within set procedures.
(x) Set up, turn on and make it work.
(xi) Responsible for log input.
(xii) Previews programs.
(xiii) Responsible for timing.
(xiv) Works at operating, not technical, level.
(xv) Possesses intermediate computer skills.
(d) Trainee Presentation Co-ordinator
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision.
(v) In the course of training.
(vi) Basic computer skills.
(vii) Performs duties of a minor nature.
(viii) Responsible for the quality of their own work, but under supervision.
(ix) Uses discretion within level of skills.
Promotion/Progression to Assistant Presentation Co-ordinator
Upon successful completion of training, after 12 months’ continuous service at the Trainee Presentation Co-ordinator classification, the employee is to be progressed to Assistant Presentation Coordinator.
A.1.8 Videotape
(a) Videotape Supervisor/Post-Production Senior Editor
Skills, competencies, duties and responsibilities held and exercised
(i) Videotape Supervisor
· Performs the duties of the lower classifications.
· Responsible to an employee of the production/operations or station management staff.
· Complete knowledge of television production.
· Responsible for the allocation of staff within this occupational group to accommodate a predetermined production schedule.
· Responsible for the overall supervision of videotape operations.
· Assesses the performance of other employees.
· Participates in the preparation of, but not responsible for, the final budget.
(ii) Post-Production Senior Editor
· Performs the duties of the lower classifications.
· Responsible to an employee of the production/operations or station management staff.
· Operates all types of television post-production editing equipment at a specialist level.
· Complete knowledge of television production and post-production.
· Supervises the work of the lower classifications.
(b) Post-Production Editor A
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Post-produces any style of television production (including Major Production), regardless of the number of sources or the complexity of the program.
(iii) In-depth knowledge of post-production editing operations.
(iv) An overall knowledge and understanding of the operating systems involved.
(v) Operates all types of television post-production and editing equipment at the highest level.
(vi) Exercises discretion and judgment for self and others.
(vii) Assists in training.
(viii) Judgment for self and others in planning and selection of equipment, work organisation and services.
(c) Senior Production Videotape Operator/Post-Production Editor B
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Can and does prepare reports on specific tasks or assignments.
(iii) Operationally skilled in all formats and methods of editing.
(iv) Works on productions requiring complex operations at a senior role.
(v) Uses complex computer based editing equipment which controls vision and audio switching functions, vision and audio effects generators and multiple vision and audio sources.
(vi) Undertakes complex, varied and highly specific tasks.
(vii) Performs quality control at a high level and uses advanced computer techniques.
(viii) Trains lower levels in conjunction with higher level supervisors.
(ix) Responsible for planning work of others (e.g. rosters and assigns workloads).
(x) Shift leader.
(d) Editor A
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Has a thorough understanding of complex videotape and specialised record/replay equipment.
(iii) Compiles program material which requires the operation of an external edit controller controlling 3 or more sources.
(iv) Responsible for the allocation of staff for the job at hand to accommodate a predetermined schedule.
(e) Production Videotape Operator A/Editor B
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of lower classifications.
(ii) An in-depth knowledge of production procedures, terminology, hardware and videotape operations.
(iii) Has a broad range of skills.
(iv) Sets up and operates all types of record/replay equipment.
(v) Performs simple machine-to-machine editing using 2 to 3 machines but not required to exercise elaborate computer control.
(vi) Some responsibility for the work of others (i.e. Videotape Operators/Editors) but in conjunction with higher level supervisors.
(vii) Checks the work of others relating to its overall progress.
(viii) Provides limited operational guidance and advice.
(ix) Exercises discretion and judgment of work, organisation and services.
(f) Production Videotape Operator B
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of lower classifications.
(ii) An in-depth knowledge of television equipment and a broad range of skills.
(iii) Sets up and operates a wide range of record/replay equipment.
(iv) Works on all types of productions.
(v) Works within routines but exercises initiative and judgment.
(vi) Work involves recording, replaying, duplicating and simple compilation/butt editing.
(vii) Provides trade guidance with limited supervision of lower classifications.
(viii) Could be a senior on-air operator.
(ix) Advanced computer skills on software applications and diagnostics.
(g) Videotape Operator
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Works in a team environment.
(iii) Uses precision measuring instruments (e.g. assess readings from instrumentation).
(iv) Uses operational procedures to rectify simple faults.
(v) Sets up and operates various equipment to record and replay.
(vi) Performs a range of sequencing, set up, monitoring and operational functions.
(vii) Intermediate computer skills on software applications and diagnostics.
(viii) Usually employed as an on-air or record/replay tape operator.
(ix) Works under routine guidance and is subject to intermittent checking.
(x) Exercises initiative, discretion and judgment on equipment selection and operation of equipment for the job at hand.
(h) Trainee Videotape Operator
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) In the course of training.
(vi) Accurately measures.
(vii) Basic computer skills on software applications and diagnostics.
(viii) Performs duties of a minor nature.
(ix) Responsible for the quality of their own work, but under supervision.
(x) Uses discretion within level of skills.
Promotion/Progression to Videotape Operator
Upon successful completion of training, after 12 months’ continuous service at the Trainee Videotape Operator classification, the employee is to be progressed to Videotape Operator.
A.1.9 Library
(a) Music/Video Library Supervisor
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Responsible for the operation and establishment of the full library function.
(iii) Working supervisor, if employees engaged at a lower level.
(b) Music/Video Librarian
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Works within routines, but exercises initiative and judgment.
(iii) In-depth knowledge of a limited/selected number of cataloguing systems.
(iv) Works from instructions involving scheduling requirements.
(v) High level computer skills and data inputting while using pre-formatted library systems.
(vi) Works to a predetermined production/on-air schedule so as to source programs for on-air.
(vii) Not required nor qualified to perform the full range of functions of a librarian working in a general library.
(viii) Works alone or within a team environment, under general supervision, but always following and utilising predetermined systems.
(ix) Catalogues and operates the video/music library.
(x) Prepares and lodges all music usage reports required by the copyright associations.
(xi) Provides guidance if others are employed at a lower level.
(c) Trainee Music/Video Librarian
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) In the course of training.
(vi) Basic computer skills.
(vii) Performs duties of a minor nature.
(viii) Responsible for the quality of their own work, but under supervision.
(ix) Uses discretion within level of skills.
Promotion/Progression to Music/Video Librarian
Upon successful completion of training, after 12 months’ continuous service at the Trainee Music/Video Librarian classification, the employee is to be progressed to Music/Video Librarian.
A.1.10 Camera
(a) Supervisor Camera
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) This is a working supervisor.
(iii) Responsible to an employee of the Production/Operations or Station management staff where there are more than 5 camera operators employed.
(iv) Responsible for the overall supervision of camera related operations. Assists in selection and assessment procedures.
(v) May assess the performance of other employees but does not have the ultimate say in promotion.
(vi) Judgment for self and others in planning and selection of equipment, work organisation, services, actions and outcomes within time constraints.
(vii) Responsibility, but not full accountability, for camera personnel at a lower level.
(viii) Participates in the preparation of, but not responsible for, the final budget.
(ix) Plans and estimates staffing and material costs, but not to the level of the overall planning and budgeting of the department.
(x) Responsible for the allocation of staff within this occupational group to accommodate a predetermined production schedule.
(b) Senior Camera Operator A
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Assists in on-the-job training.
(iii) Works on all types of productions at the highest level.
(iv) Co-ordinates concepts with a supervisor.
(v) An overall knowledge and understanding of the operating principles of television.
(vi) Specific yet somewhat varied planning of own work.
(vii) Prepares reports on/about specific tasks.
(c) Senior Camera Operator B
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Responsible for the supervision and training of other camera operators where there are less than 5 camera operators employed.
(iii) Works on all types of productions including Major Production requiring complex operations in a senior role.
(iv) Exercises discretion, independent initiative and judgment for self and others.
(v) In-depth knowledge of camera operations.
(vi) Operates all types of camera equipment including but not restricted to jib arms, Steadicam and camera dollies.
(d) Camera Operator A
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Works within routines but exercises initiative and judgment.
(iii) In-depth knowledge of studio procedures, terminology and camera hardware.
(iv) Proficient in operating camera functions including camera movements and shooting patterns.
(v) Works from basic instructions which do not require complex camera operations.
(vi) Limited guidance (limited direction) but specific directions given.
(vii) Performs on non Major Productions involving more than one camera operator, where there is a requirement for more complex shooting patterns/movements.
(viii) Minor studio-based sport and productions, and lower complexity level sport and outside broadcasts.
(ix) Works on all types of productions including Major Production on a camera that requires less skill than a higher level (i.e. less responsibility, tasks less difficult in nature and complexity).
(e) Camera Operator B
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Limited skill and judgment.
(iii) Works within set procedures.
(iv) Routine, pre-structured maintenance work.
(v) Instructed to shoot within a fixed environment.
(vi) Minimal experience.
(vii) The role incorporates rigging, operation and striking of camera related operating equipment (e.g. assemble, disassemble, and works at operating level).
(viii) Responsible for own work under constant supervision and one visual aspect of an overall production (i.e. a camera shot).
(ix) Works under routine guidance and subject to constant direction and direct supervision.
(x) Works on formatted shooting pattern programs/productions under constant direction of a Director.
(xi) Minimal camera movements.
(xii) Limited shooting patterns.
(xiii) Fixed format non Major Productions (e.g. news and current affairs, presentation/hostings/wide shot and zooming).
(f) Trainee Camera Operator
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) In the course of training.
(vi) Basic computer skills.
(vii) Performs duties of a minor nature.
(viii) Responsible for the quality of their own work, but under supervision.
(ix) Uses discretion within level of skills.
Promotion/Progression Camera Operator B
Upon successful completion of training, after 12 months’ continuous service at the Trainee Camera Operator classification, the employee is to be progressed to Camera Operator B.
A.1.11 ENG Camera
(a) Supervising ENG Camera Operator
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Working section supervisor/leading hand on production for a metropolitan television station.
(iii) Assesses new technology and the regular maintenance of equipment.
(iv) Assists in planning of budget requirements for operation of section.
(v) The supervision and training of ENG camera operators where at least 5 graded operators are employed within the department.
(vi) Assesses the performance of other operators but does not have ultimate say in promotion.
(vii) Full responsibility and accountability for all aspects of the work of others within the section.
(viii) Allocates camera operators of all lower levels to accommodate a predetermined production schedule.
(b) Specialist ENG Camera Operator
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Specialist camera operator for special tasks (e.g. helicopter or overseas work).
(iii) Works on Major Production requiring complex operations or in demanding, unusual and non-routine situations that require a senior operator.
(iv) Works on production for a metropolitan television station or works as a supervisor where at least 5 graded operators are employed on production for non-metropolitan television station.
(v) Thorough knowledge of all aspects of ENG camera work.
(vi) Thorough knowledge of specialist equipment (e.g. lenses, mounts, shooting styles).
(vii) Adoption of skills for either broad or specialised applications.
(viii) The highest level of complex judgment for the job at hand.
(ix) While operating under instructions from Supervisor or Department Head must be able to exercise discretion for job at hand.
(x) Competencies usually used independently and are substantially non‑routine.
(c) Senior ENG Camera Operator
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Proficient operator in all facets of ENG camera work where the output of an employee’s work is broadcast in a national or state-wide program.
(iii) Works on production for a metropolitan television station.
(iv) Exercises initiative and judgment.
(v) Broad range of skills and knowledge of equipment and operating systems.
(d) ENG Camera Operator A
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Judgment for self and others in actions, planning and meeting the time constraints of daily deadlines.
(iii) Tasks varied and specific.
(iv) Responsible for the basic care of camera and associated equipment for the news department.
(v) Where 2 or more ENG Camera Operators are employed then one must be classified as ENG Camera Operator A or higher.
(vi) Judgment in planning and selecting appropriate equipment for job at hand.
(e) ENG Camera Operator B
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Judgment for self in actions, planning and meeting the time constraints of daily deadlines.
(iii) Tasks can be either varied or specific.
(iv) Works within a team environment.
(v) Exercises discretion and judgment for the job at hand.
(vi) Where 2 or more ENG Camera Operators are employed then one must be classified as ENG Camera Operator A or higher.
(vii) Responsible for the quality and standard of their own work.
(f) Senior ENG Camera Assistant
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Sets up and operates complex audio and lighting equipment as required.
(iii) Operates an ENG camera under the general guidance of an ENG Camera Operator.
(iv) Assists in training of lower classifications.
(g) ENG Camera Assistant
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Works within routines but exercises initiative and judgment.
(iii) Works under broad guidelines and instructions from a more senior person.
(iv) Responsible for the outcome of their work with respect to the job at hand.
(v) Works within set procedures but exercises discretion for the job at hand.
(vi) Increased range of skills and abilities.
(vii) Sets up and operates audio and lights as required.
(h) Trainee ENG Camera
Skills, competencies, duties and responsibilities held and exercised
(i) Performs duties of a minor nature.
(ii) Less than 12 months’ continuous service.
(iii) A learning and doing position.
(iv) Exercises minimal judgment.
(v) Subject to close supervision with supervisor in immediate proximity.
(vi) In the course of training.
(vii) Basic computer skills.
(viii) Responsible for the quality of their own work, but under supervision.
(ix) Uses discretion within level of skills.
Promotion/Progression ENG Camera Assistant
Upon successful completion of training, after 12 months’ continuous service at the Trainee Camera Operator classification, the employee is to be progressed to ENG Camera Assistant.
A.1.12 Graphic Art
(a) Supervising Graphic Artist
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) This is a working supervisor/leading hand.
(iii) Responsible to an employee of the production/operations or station management staff.
(iv) Responsible for the overall supervision of graphic art related operations.
(v) Assists in selection and assessment procedures.
(vi) May assess the performance of other employees but does not have the ultimate say in promotion.
(vii) Judgment for self and others in planning and selection of equipment, work organisation, services, actions and outcomes within time constraints.
(viii) Working under broad guidance within a structured plan.
(ix) Responsibility, but not full accountability, for Graphic Art personnel at a lower level.
(x) Participates in the preparation of, but not responsible for, the final budget.
(xi) Plans and estimates staffing and material costs, but not to the level of the overall planning and budgeting of the department.
(xii) Responsible for the allocation of staff within this occupational group to accommodate a predetermined production schedule.
(xiii) Supervision, control and training of the Graphic Arts section in which at least 5 full-time Graphic Artists are employed.
(b) Senior/Specialist Graphic Artist
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Performs varied and highly specific tasks.
(iii) Prepares reports of a technical nature on specific tasks or assignments as directed.
(iv) Works on complex digital and/or analogue systems.
(v) In-depth knowledge of graphics operations.
(vi) Exercises a broad range of skills.
(vii) Performs quality control at a high level and uses advanced computer techniques.
(viii) Complexity in range of choice and actions.
(ix) Work involves the production of single frame, composite, animated and multi-dimensional graphics.
(x) Works on all types of productions including Major Production requiring complex graphics operation in a senior role.
(xi) Exercises discretion and judgment for self and others.
(xii) Assists in training.
(c) Graphic Artist
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Proficient in operating all types of framed-based graphic equipment.
(iii) Knowledge of production procedures, terminology and graphics hardware and software.
(iv) Works on all types of productions.
(v) Work involves the production of single frame graphics.
(vi) Works within routines but exercises initiative and judgment.
(vii) Limited guidance (limited direction) but specific directions given.
(viii) Works as a Graphic Artist that requires less skill than a higher level (i.e. less responsibility, tasks less difficult in nature and complexity).
(ix) Works from basic instructions that do not require complex graphics operations.
(d) Trainee Graphic Artist
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) In the course of training.
(vi) Basic computer skills.
(vii) Performs duties of a minor nature.
(viii) Responsible for the quality of their own work, but under supervision.
(ix) Uses discretion within level of skills.
Promotion/Progression to Graphic Artist
Upon successful completion of training, after 12 months’ continuous service at the Trainee Graphic Artist classification, the employee is to be progressed to Graphic Artist.
A.1.13 Directors
(a) Supervising Director
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower level classifications.
(ii) Working supervisor/leading hand.
(iii) Capable of studio and outside broadcast work.
(iv) Assesses the performance of other employees but does not have ultimate say in promotion.
(v) The supervision control and training of Directors where at least 5 graded Directors are employed.
(vi) Responsible to management level equivalent, and has full responsibility for budget and hiring/firing.
(vii) Not responsible for producing the production schedule.
(viii) Directs any style of television production, regardless of number of cameras or complexity of the program.
(ix) Independent judgment.
(x) Assesses the performance of Directors below this classification.
(xi) Under broad guidance selects appropriate equipment and other resources.
(xii) Responsible for the allocation of staff within the Production Department to accommodate a predetermined production schedule.
(b) Director Major Production/Specialist
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Assesses performance of other employees for crew selection.
(iii) Given more broad production guidance.
(iv) Works on Major Production where more than 4 cameras are used and/or can perform duties in a specialist field.
(v) Responsible to a more senior person by whatever designation, similar to Supervising Director/Station Manager/Production Manager/Operations Manager.
(vi) Performs varied and highly specialised tasks.
(vii) Complexity in range of choice and actions.
(c) Senior Director
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Directs programs of a less responsible or less difficult nature than those usually directed by a Director Major Production/Specialist.
(iii) Uses discretion and judgment but works within routine methods and procedures.
(iv) Works under limited supervision with general guidance on progress and outcomes.
(v) Involves supervision and team guidance during the production process.
(vi) Judgment for self and others in planning and selection of equipment, services, actions and time constraints.
(vii) Performs work in a variety of contexts with complexity in the range and choice of actions.
(viii) When directing, during the course of production, must be capable of directing employees from a number of areas including make-up, set design, camera and recording or technical operations.
(ix) Assists in training others.
(x) Responsible for the allocation of staff for the job at hand to accommodate a predetermined production schedule.
(xi) Judgment for self and others in planning and selection of equipment, work organisation, services, actions and outcomes within time constraints.
(d) Director
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Directs all programs other than Major Production.
(iii) Routine pre-structured or fixed format productions (e.g. news, current affairs, presentation hosting, forums).
(iv) Directs limited shooting patterns.
(v) Tasks varied and highly specific.
(vi) In-depth knowledge of the production and operational principles of a television station and has a broad range of skills.
(vii) Responsible for, and limited organisation of, work of others.
(viii) Works under broad guidance.
(e) Trainee Director
Skills, competencies, duties and responsibilities held and exercised
(i) A learning and doing position.
(ii) Exercises minimal judgment.
(iii) In the course of training.
(iv) Subject to close supervision.
(v) Intermediate computer skills.
(vi) Performs duties of a varied nature.
(vii) Responsible for the quality of their own work, but under supervision.
(viii) Uses discretion within level of skills.
Promotion/Progression to Director
Upon successful completion of training, after 12 months’ continuous service at the Trainee Director classification, the employee is to be progressed to Director.
A.1.14 Producer/Director’s Assistant/ VCG operator
(a) Producer/Director’s Assistant Major Production/VCG Operator Major Production
Skills, competencies, duties and responsibilities held and exercised
(i) Producer/Director’s Assistant Major Production
· Performs the duties of the lower classifications.
· In-depth knowledge and a broad range of skills.
· Works as a Producer/Director’s Assistant on any style of television production regardless of complexity of the program.
· Required to assist directors on Major Production in both studios and external locations.
· Exercises initiative and judgment.
· Performs a broad range of tasks and roles.
· Judgment for self and others in the production process, actions and outcomes within time constraints.
· Exercises discretion and judgment in the production process, work organisation and services for the job at hand.
· Works under broad guidelines and instructions from the Production Department management or the Director in charge of the production at hand.
· Responsible for the production outcome of their work.
· If other lower level Producer/Director’s Assistant employed, could be responsible for the allocation of those staff within this occupational group to accommodate a predetermined production schedule.
· Provides guidance and assistance if part of a work team of Producer/Director’s Assistants.
· Advanced computer skills.
(ii) VCG Operator Major Production
· Performs all the duties of the lower classifications.
· In-depth knowledge of a broad range of tasks and roles.
· Works on a variety of productions (including Major Production) with varying degrees of complexity during the recording, rehearsal or live transmission of a major program under direction.
· Proficient in all types of on-screen display and VCG equipment.
· A comprehensive range of skills.
· Exercises initiative and judgment for self and others while operating under the direction of a director or co-ordinator and for actions and outcomes within constraints.
· When not rostered to a specific production, responsible to a relevant person within the production or operations department structure.
· If lower level VCG operators employed, could be responsible for the allocation of those staff within the occupational groups to accommodate a predetermined production schedule.
· Provides guidance, assistance and training if part of a work team of VCG operators.
· Advanced computer skills.
(b) Producer/Director’s Assistant/VCG Operator
Skills, competencies, duties and responsibilities held and exercised
(i) Producers/Director’s Assistant
· Performs the duties of the lower classifications.
· Application of knowledge and skills to a range of tasks and roles.
· Assists the Director in a control room on non Major Productions (e.g. news, current affairs, sport, presentation/hostings, lower level productions than a Senior Producer/Director’s Assistant).
· Works on Major Production assisting a Senior Producer/Director’s Assistant Major Production.
· Works within routines but exercises some initiative and judgment.
· Works under broad guidelines and instructions from the production department, management or the Director when working on a specific production.
· Responsible to the Director for the outcome of their work with respect to the job at hand.
· Intermediate computer skills.
(ii) VCG Operator
· Performs the duties of the lower classifications.
· In-depth knowledge and a broad range of tasks and roles.
· Works within routines but exercises initiative and judgment.
· Operates video character generator equipment during a rehearsal or live transmission of a program under the direction of a director or co‑ordinator.
· Responsible to the production or operations management structure when not rostered to a specific production.
· Responsible to the director or co-ordinator of the specific production.
· Responsible for the visual outcome of their work.
· Intermediate computer skills.
(c) Trainee Producer/Director’s Assistant/VCG Operator
Duties, skills, competencies and responsibilities exercised and held
(i) Trainee Producer/Director’s Assistant
· In the course of training.
· Performs duties of a minor nature in the preparation for rehearsals, recording or the live telecast of a television program.
· Training can also include providing minimal assistance to a director in the course of their preparation for program production.
· Exercises minimal judgment and subject to direct supervision.
· Less than 12 months’ continuous service.
· Basic computer skills.
(ii) Trainee VCG Operator
· In the course of training.
· Performs duties of a minor nature.
· Exercises minimal judgment and subject to direct supervision.
· Less than 12 months’ continuous service.
· Basic computer skills.
Promotion/Progression to Producer/Director’s Assistant or Assistant VCG Operator
Upon successful completion of training, after 12 months’ continuous service at the Trainee Producer/Director’s Assistant/VCG Operator classifications, the employee is to be progressed to Producer/Director’s Assistant/Assistant VCG Operator.
A.1.15 Floor Manager
(a) Floor Manager Major Production
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Most senior and/or specialist Floor Manager.
(iii) In-depth knowledge and a broad range of skills.
(iv) Works on a variety of productions with varying degrees of complexity.
(v) Exercises initiative and judgment.
(vi) Performs a broad range of tasks and roles.
(vii) Judgment for self and others in the production process, actions and outcomes within time constraints.
(viii) Exercises discretion and judgment in the production process, work organisation and services for the job at hand.
(ix) Works on Major Production in both studios and external locations.
(x) Works under broad and specific guidelines and instructions from the Director in charge of the production.
(xi) Responsible for the production outcome of their work.
(xii) If other lower level floor managers employed, responsible for the allocation of those staff within this occupational group to accommodate a predetermined production schedule.
(xiii) Monitors overall status of the work.
(xiv) Provides guidance and assistance if part of a work team of floor managers.
(b) Floor Manager
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Discretion and judgment for self and others in planning and selection of organisation, services and actions.
(iii) Works on non Major Productions including outside broadcasts (e.g. news, current affairs, sport, presentation/hostings, i.e. lower level productions than a Floor Manager Major Production).
(iv) Can work on Major Production assisting a Floor Manager Major Production.
(v) Responsible to the Production and/or Operations Manager, and the Director of the specific production they are working on.
(vi) Works under general guidelines and ongoing instructions from the Director of the production.
(vii) Responsible to the Director for the outcome of their work.
(c) Assistant Floor Manager
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Medium level knowledge and skills.
(iii) Works within routines but exercises some initiative and judgment.
(iv) Can be classified as an assistant to a Floor Manager and must work with another Floor Manager for the job at hand.
(v) Sound knowledge of production and operations.
(vi) Performs a broad range of tasks and roles.
(d) Trainee Floor Manager
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) In the course of training.
(vi) Basic computer skills.
(vii) Performs duties of a minor nature.
(viii) Responsible for the quality of their own work, but under supervision.
(ix) Uses discretion within level of skills.
Promotion/Progression to Assistant Floor Manager
Upon successful completion of training, after 12 months’ continuous service at the Trainee Floor Manager classification, the employee is to be progressed to Assistant Floor Manager.
A.1.16 Make-up and Hairdresser
(a) Make-up Supervisor/Hairdresser Supervisor
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) In-depth knowledge plus a broad range of duties.
(iii) A hands-on supervisor/leading hand.
(iv) Works within routine methods and procedures.
(v) Works on a variety of tasks, roles and contexts and complexity in the choice of actions.
(vi) Exercises discretion and judgment (e.g. for the selection of hairdressers/make-up artists’ equipment/supplies and for the work, organisation or services of hairdressers/make-up artists for the job at hand).
(vii) Responsible for the team co-ordination of hairdressers/make-up artists.
(viii) Not responsible for hiring or termination.
(ix) In charge of at least 4 full-time make-up artists, hairdressers or their assistants, or a combination thereof.
(x) Responsible for the allocation of staff within this occupational group to accommodate a predetermined production schedule.
(b) Senior Make-up Artist
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Does general make-up work and, in addition, is required to carry out make-up work involving:
· the manufacture and application of prostheses in the creation of characters for television productions; and/or
· the exercise of make-up skills and techniques accepted by the employer as equivalent to those required in such manufacture and application of prostheses, including the creation of character make-up. Character make-up means make-up which transforms the appearance of the person made up from their everyday appearance to a dramatically different appearance.
(iii) Discretion and judgment for self and others in planning and selection of equipment, work organisation, services and actions.
(c) Hair and Make-up Artist
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Post-trade qualifications or equivalent.
(iii) Performs the work of both hairdresser and make-up artist.
(iv) Discretion and judgment for self in equipment selection, work organisation, services, actions and achieving outcomes within the time constraints.
(v) In-depth knowledge in some areas as well as a broad range of skills.
(vi) Under limited guidance, or if working teams then under broad guidance and autonomy.
(d) Hair or Make-up Artist
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) In-depth knowledge and a broad range of skills.
(iii) Independent discretion and judgment.
(iv) Limited supervision of lower levels.
(e) Assistant Hairdresser or Make-up Artist
Skills, competencies, duties and responsibilities held and exercised
· Assists the hairdresser in the course of the hairdresser’s duties by ensuring that hairdressing devices are prepared in accordance with work health and safety standards and station policy.
· Responsible for quality of own work under supervision of Hairdresser/make-up artist.
· Can be a learning and doing position.
· Subject to close supervision.
· Assists the make-up artist in the course of the make-up artist’s duties by ensuring that make-up materials and devices are prepared in accordance with work health and safety standards and station policy. Responsible for quality of own work under supervision of Hairdresser/Make-Up Artist.
· Subject to close supervision.
· Can be a learning and doing position.
A.1.17 Carpenter
(a) Senior Carpenter
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) In-depth knowledge in some areas plus a broad range of skills.
(iii) Exercises discretion and judgment in equipment and material selection, work organisation and services for the job at hand.
(iv) Works on a variety of tasks, roles and contexts with some complexity in the choice of actions.
(v) Supervises at least 4 carpenters of a lower classification.
(vi) Responsible for the allocation of staff within this occupational group to accommodate a predetermined production schedule.
(vii) Monitors overall progress of work.
(viii) Provides trade level guidance and assistance as part of the work team.
(b) Carpenter Trade Level—Television
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) In-depth knowledge in some areas plus a broad range of skills.
(iii) Exercises precision trade and non-trade skills using various materials and specialised techniques for the production of television settings etc.
(iv) Some responsibility for directing/supervising the work of others (i.e. supervision of other carpenters).
(v) Limited supervision.
(vi) Provides trade guidance and assistance as part of the work team.
(c) Carpenter Trade Level
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Trade level position.
(iii) Works from semi-complex instructions.
(iv) Works in a team environment.
(v) Uses precision measuring instruments (e.g. assess readings from instrumentation).
(vi) Sets up and operates machines.
(vii) Possesses intermediate computer skills.
(viii) In-depth knowledge and a broad range of skills.
(ix) Inspects products/materials for conformity with established operational standards.
(x) Plans construction sequencing.
(xi) Provides guidance and assistance as part of a work team.
(xii) Responsible for the general carpentry in the construction of sets and props.
(xiii) Exercises discretion and judgment (e.g. in equipment and material selection, work organisation and services for the job at hand).
(d) Carpenter’s Assistant
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Is subject to close supervision with supervisor/leading hand in immediate proximity.
(v) In the course of training.
(vi) Performs duties of a minor nature.
(vii) Responsible for the quality of their own work, but under supervision.
(viii) Uses own discretion within level of skills.
(ix) Accurately measures.
(x) Uses precision measuring instruments, operates equipment and does basic material handling.
(xi) Basic computer skills.
A.1.18 Wardrobe
(a) Wardrobe Supervisor
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Working supervisor/leading hand.
(iii) Supervision of persons at a lower level and setting up a wardrobe department within individual production unit/units.
(iv) Exercises discretion and judgment (e.g. wardrobe selection, work organisation and services for the job at hand).
(v) Responsible for the allocation of staff within this occupational group to accommodate a predetermined production schedule.
(vi) Responsibility for the work of others in the same occupational group.
(b) Wardrobe Person (Mistress/Master)
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Trade level position.
(iii) In-depth knowledge.
(iv) Exercises discretion and judgment on selection of costumes for the job at hand.
(v) Can undertake alterations to, and maintenance of, costumes as and when required.
(vi) Exercises initiative and judgment.
(vii) Limited supervision of lower level.
(viii) Where there is more than one assistant employed, responsible for team co-ordination and facilitation.
(ix) If no supervisor employed, responsible for the custody, care and control of costumes/wardrobe supplies.
(c) Wardrobe Assistant/Keeper
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) In the course of training.
(vi) Accurately measures.
(vii) Performs duties of a minor nature.
(viii) Responsible for the quality of their own work, but under supervision.
(ix) Uses discretion within level of skills.
(x) Basic computer skills.
A.1.19 Still Photographer
(a) Senior Still Photographer
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Most senior and/or specialist still photographer.
(iii) In depth knowledge and a broad range of skills.
(iv) Works on a variety of photographic tasks with varying degrees of complexity.
(v) Photographs Major Production and publicity set-ups in both studios and external locations.
(vi) Exercises initiative and judgment.
(vii) Performs a broad range of tasks and roles.
(viii) Judgment for self and others in the photographic process, actions and outcomes within time constraints.
(ix) Exercises discretion and judgment in the photographic process, work organisation and services for the job at hand.
(x) Responsible to the production or publicity department executive in charge.
(xi) Works under broad guidelines from the production or publicity department.
(xii) Responsible for the photographic outcome of their work.
(xiii) If other lower level still photographers employed, responsible for the allocation of those staff within this occupational group to accommodate predetermined production and publicity deadlines.
(xiv) Monitors overall status of the work.
(xv) Provides guidance and assistance if part of a work team of still photographers.
(b) Still Photographer Trade Level
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) In-depth knowledge and a broad range of skills.
(iii) All aspects of still photography including lighting, developing and enlarging.
(iv) Works within routines but exercises initiative and judgment.
(v) Performs a broad range of tasks and roles.
(vi) Required to photograph non Major Productions and publicity set-ups at a lower level than a Senior Still Photographer.
(vii) Responsible for the quality of own work.
(viii) Responsible to the production or publicity department executive in charge.
(ix) Works under broad guidelines from the production or publicity department.
(x) Responsible for the photographic outcome of their work.
(c) Assistant Still Photographer Non-trade
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) In the course of training
(vi) Accurately measures.
(vii) Basic computer skills.
(viii) Performs duties of a minor nature.
(ix) Responsible for the quality of their own work, but under supervision.
(x) Uses discretion within level of skills.
A.1.20 Set Design
(a) Set Design Supervisor
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of lower classifications.
(ii) Performs the duties of a Senior Set Designer and supervises at least 5 Set Design, Scenic Art or Properties employees.
(b) Senior Set Designer
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of lower classifications.
(ii) Designs complex television sets based on production briefings.
(iv) Exercises initiative and judgment.
(v) Performs a broad range of tasks and roles.
(vi) Responsible to the production executive in charge of that specific production.
(vii) Works under broad guidelines from the production unit.
(viii) Monitors the overall progress of the set construction.
(ix) Responsible for the visual outcome and production practicality of the set designed.
(x) Can be a working supervisor position or a specialist designer.
(xi) Works on a variety of design tasks with varying degrees of complexity.
(xii) Designs sets for Major Production in both studios and external venues.
(c) Set Designer
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Designs simple and basic television sets based following instruction and with supervision.
(iii) Works with a Senior Set Designer.
(iv) Limited instruction, co-ordination and facilitation of lower level employees.
(v) Responsible for the quality of own work under the close supervision of a Senior Set Designer.
(vi) Full knowledge and application of relevant building codes for access and fire proofing of set materials.
(vii) Works under specific guidelines and instructions from the Set Designer and/or the Senior Set Designer
(d) Trainee Set Designer
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months’ continuous service.
(ii) A learning and doing position.
(iii) Exercises minimal judgment.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) In the course of training.
(vi) Accurately measures.
(vii) Basic computer skills.
(viii) Performs duties of a minor nature.
(ix) Responsible for the quality of their own work, but under supervision.
(x) Uses discretion within level of skills.
Promotion/Progression to Set Designer
Upon successful completion of training, after 12 months’ continuous service at the Trainee Set Designer classification, the employee is to be progressed to Set Designer.
A.1.21 Scenic Art
(a) Scenic Artist
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) In-depth knowledge and a broad range of skills.
(iii) Understands all paint types and consistencies.
(iv) Understands building codes for fire proofing of set materials and paints.
(v) Exercises initiative and judgment.
(vi) Performs a broad range of tasks and roles.
(vii) Level above basic signwriting and tracing.
(viii) Works under broad guidelines from the set designer.
(ix) Can supervise set painters.
(x) Under limited guidance.
(xi) Some discretion and judgment in work organisation, services, action and achieving outcomes within time constraints.
(xii) Responsibility for work of others and/or team co-ordination.
(b) Set and Prop Painter Trade Level
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Trade level position.
(iii) Works from semi-complex instructions.
(iv) Works in a team environment.
(v) Uses precision equipment.
(vi) Sets up and operates machines.
(vii) Possesses intermediate computer skills.
(viii) In-depth knowledge and a broad range of skills.
(ix) Plans construction sequencing.
(x) Performs basic signwriting and tracing.
(xi) Exercises precision trade and non-trade skills using various materials and specialised techniques.
(xii) Exercises discretion and judgment (e.g. in equipment and material selection, work organisation and services for the job at hand).
(xiii) Inspects products/materials for conformity with established operational standards.
(xiv) Provides guidance and assistance as part of a work team.
(xv) Responsible for the general carpentry in the construction of sets and props.
(xvi) Paints complex designs on television sets based on briefings from the Set Designers.
(c) Set and Prop Painter Non-Trade
Skills, competencies, duties and responsibilities held and exercised
(i) Below trade level position.
(ii) Limited knowledge and limited skills.
(iii) Paints flats, sets and props.
(iv) Exercises limited initiative and judgment.
(v) Works with a scenic artist or senior scenic artist.
(vi) Subject to on-the-job supervision.
(vii) Works under broad guidelines.
(viii) Responsible for the quality of own work under the close supervision of a scenic artist or senior scenic artist.
A.1.22 Properties
(a) Property Person/Senior Studio Hand
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classifications.
(ii) Trade to post-trade level position.
(iii) In-depth knowledge and a broad range of skills.
(iv) Responsible for persons of a lower level.
(v) If a property hand, a stand-by props person in a studio or on location.
(vi) In-depth knowledge and a broad range of skills.
(vii) Team leader for a specific workgroup of stagehands participating in the erection, dismantling, transport and storage of television sets.
(viii) Exercises initiative and judgment.
(ix) Performs a broad range of tasks and roles.
(x) Understands all WH&S regulations for manual handling procedures.
(xi) Understands building codes for fire, personnel and escape access regulations.
(xii) Responsible for the custody, care and control of properties.
(xiii) Works under broad guidelines.
(xiv) Supervises lower level stagehands on specific work group activities.
(xv) Limited supervision of lower level.
(xvi) Where more than one assistant is employed, responsible for team co‑ordination and facilitation.
(b) Studio Hand A/Set Dresser A
Skills, competencies, duties and responsibilities held and exercised
(i) Studio Hand A
· Performs the duties of the lower classifications.
· Trade level position.
· Sound knowledge of the employer’s operations.
· Exercises discretion within the scope of the work.
· Performs work with limited supervision.
(ii) Set Dresser A
· Performs the duties of the lower classifications.
· Responsible for positioning props in and on sets.
· Works within routines, networks where discretion and judgment is required.
(c) Property Assistant/Studio Hand/Prop and Scenery Storeperson/Set Dresser
Skills, competencies, duties and responsibilities held and exercised
(i) Limited instruction, co-ordination and facilitation of lower level employees.
(ii) Responsible for the quality of own work under the close supervision of a property hand, buyer or dresser.
(iii) A learning and doing position.
(iv) Subject to close supervision with supervisor in immediate proximity.
(v) Works with a property hand, buyer or dresser.
(vi) Below trade level position.
(vii) Limited knowledge and limited skills.
(viii) Required to shift, lift, erect and dismantle sets.
(ix) Works as part of a team with a senior stagehand.
(x) Labouring job role.
(xi) Works in Studios and on outside broadcasts as cable assistants.
(xii) Exercises limited initiative and judgment.
(xiii) Subject to on-the-job supervision.
(xiv) Works under broad guidelines and WH&S regulations.
(xv) Responsible to the team leader senior stagehand.
(d) Promotion/Progression of all employees
Upon successful completion of training, after 12 months’ continuous service at the Property Assistant/Studio Hand/Prop and Scenery Storeperson and Set Dresser classification, progress will depend on the employee achieving the skills, duties, competencies, judgment and responsibility levels set out in this position.
A.1.23 Captioner/Audio Describer and Subtitlers/Subtitling Editors
(a) Trainee Captioner/Audio Describer
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 6 months’ service
(ii) In the course of training
(iii) Implements captioning standards across a range of limited program types
(iv) Subject to close supervision with supervisor/trainer
(v) Strives to consistently meet minimum accuracy and productivity standards
Duties include file captioning, live captioning or audio description.
(b) Subtitler and subtitling editor in training
Skills, competencies, duties and responsibilities held and exercised
(i) Less than 12 months continuous service
(ii) In the course of being trained as a subtitler or subtitling editor
(iii) Subject to close supervision
(iv) If a subtitler, has relevant qualifications and accreditation as a translator in at least one LOTE
(v) Advanced translation skills or advanced editing skills
(vi) Utilises knowledge of both formal and idiomatic English
(vii) Conducts background research into programs
Upon successful completion of approximately one years continuous service training the employee is to be progressed to subtitler or subtitling editor.
(c) Captioner/Audio Describer
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classification
(ii) Qualified Captioner/Audio Describer
(iii) Consistently meets minimum accuracy and productivity requirements
(iv) Works across a range of programs and to full captioning standards
(v) Works under broad supervision and applies appropriate discretion and judgment
(vi) May be undertaking additional training or gaining experience across different program types and methods
Duties may include contributing to captioning or audio describing resources, some simple editing of their own and colleagues work, audio describing television programs and other shorter content, routine administrative tasks.
(d) Multi-Skilled Captioner/Audio Describer
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classification
(ii) Experienced in audio description, live or file captioning
(iii) Meets a high standard of accuracy and productivity across a range of programs and output types to the required levels
(iv) Capable of working independently without direct supervision and applies appropriate discretion and judgment in carrying out work
(v) Provides support and guidance to other Captioners/Audio Describers
Duties may include specialised editing of own and others work, audio describing for movies and other longer more complex content and live output on a range of programs including sports and news and current affairs.
(e) Advanced Multi-Skilled and Specialised Captioner/Audio Describer
Skills, competencies, duties and responsibilities held and exercised
(i) Performs the duties of the lower classification
(ii) Has in-depth knowledge of equipment, software and procedures
(iii) Takes responsibility for a high level of troubleshooting
(iv) Exercises discretion and judgment for self and others with low level supervision
(v) Assists in training of other Captioners/Audio Describers and provides ongoing support for work colleagues
(vi) Demonstrates superior technique and consistent application of higher accuracy and productivity to the required level
(vii) An employee at this level may perform a specialised role such as stenocaptioner.
Duties may include development of new captioning or audio describing standards, training colleagues and live output on high profile and difficult programs including sport, entertainment and news and current affairs.
(f) Subtitler
Skills, competencies, duties and responsibilities held and exercised
(i) Has more than 12 months continuous service
(ii) Has relevant qualifications and accreditation as a translator in at least one LOTE
(iii) Excellent translation skills
(iv) Has a good knowledge of both formal and idiomatic English
(v) Provides assistance and mentorship to other subtitlers
(vi) Has discretion and judgment over own work
(vii) High levels of accuracy and productivity
(viii) Conducts background research into programs
(g) Subtitling editor
Skills, competencies, duties and responsibilities held and exercised
(i) Has relevant qualifications
(ii) May have experience as a subtitler
(iii) Has an excellent English language skills and knowledge of idiomatic English
(iv) Has high level skills and an editor of English
(v) Exercises discretion and judgment over own work
(vi) Conducts background research into programs
(vii) Provides assistance and mentorship to other subtitling editors
(h) Captioning/Audio Describing Supervisor or Trainer
Skills, competencies, duties and responsibilities held and exercised
(i) Considerable experience in captioning or audio describing
(ii) Is responsible for supervising a group of Captioners/Audio Describers or conducting initial training of Captioners/Audio Describers
(iii) Manages the performance of employees
(iv) Assists in the assessment, recruitment and selection of staff
(v) Involved in planning and organising work
(vi) Regularly communicates and coordinates work with clients
Duties may include setting training courses, reviewing and managing accuracy and productivity of Captioners/Audio Describers, allocating appropriate resources, answering client queries, identifying training needs of employees, testing new equipment and managing workflows.
Schedule B—Radio Broadcasting
B.1 Classifications
B.1.1 Announcer Class 2 means an employee who is employed on announcing the time of day, playing of records and/or controlling transcriptions and/or making announcements, including reading of news, stock reports or sporting results.
B.1.2 Broadcaster/Journalist Class 2 means an employee who, in addition to carrying out the duties prescribed for Announcer Class 2, also researches, produces and presents programs and is employed by an organisation that holds a community radio broadcasting licence to represent the community interests of Aboriginal and Torres Strait Islander people.
B.1.3 Announcer Class 1 means an employee who in addition to carrying out any of the duties prescribed for an Announcer Class 2 regularly carries out one or more of the following: interviewing, open-line programs, describing sporting or other events, preparing programs of a special nature such as documentaries, public appearances (including working from studios open to public viewing) or having responsibility for the production of commercials or musical programs.
B.1.4 Broadcaster/Journalist Class 1 means an employee who, in addition to carrying out the duties prescribed for Announcer Class 1, also researches, produces and presents programs and is employed by an organisation that holds a community radio broadcasting licence to represent the community interests of Aboriginal and Torres Strait Islander people
B.1.5 Broadcasting Operator means:
(a) A member of the technical staff whose duties include the operation of central control equipment of the studio system or any control panel regulating the degree of gain of any amplifying system associated with the reproduction of any program material intended for broadcast and who sets up, makes necessary connections to and tests microphones, amplifiers, faders, monitors, external pick-ups, and connections in the control room for the studio system, monitoring the transmitted program and who in a broadcasting station may be called upon to make recordings from any sources on tape or cartridges (but this will not be a duty exclusive to broadcasting operators) and who performs other duties as may be agreed by the employer and employee.
(b) Other duties so far agreed include answering and dealing with inward telephone calls, gathering service information by telephone, accepting parcels and such like packages, receiving and implementing copy changes (including the making of minor corrections) turning on and off of air-conditioning plant, supervising the news teleprinter and telex services (including when necessary, changing paper rolls, tearing off copy and handing to announcer) and opening doors to allow the entering and leaving of station staff.
(a) An adult member of the technical staff or a broadcasting station who comes within the definition of Engineer and who also:
(i) is employed in a broadcasting station which originates programs for network distribution; and/or
(ii) is responsible for the supervision of a technical staff of 4 or more employees.
(b) A Chief Engineer may be called upon to perform the duties of a Senior Technician.
B.1.7 Engineer means:
(a) An adult member of the technical staff of a broadcasting station who holds the qualifications of and/or is capable of performing the duties of a senior technician who is required by the employer to be responsible for any or all of the following:
(i) making recommendations on the purchase of major technical equipment;
(ii) the design, layout and supervision of construction of studios and/or major equipment;
(iii) engagement/dismissal and control of staff but who is not required to make decisions on matters of policy or to undertake managerial functions of a manager, technical director, group engineer or executive officer of similar status.
(b) An Engineer may be called upon to perform the duties of a Senior Technician.
B.1.8 Technician means:
(a) Any member of the technical staff who currently holds a Broadcast Operators Certificate of Proficiency, or equivalent qualification, or who carries out any of the following duties:
(i) all duties associated with the operation, maintenance, or testing of broadcasting transmitter, its associated equipment, power plant or aerial system, excluding rigging and painting;
(ii) technical duties associated with the setting up, maintenance or testing of broadcasting studio equipment, its associated power plant, ventilation system or program lines;
(iii) technical duties associated with the setting up, operation, maintenance, measurement or testing of outside broadcast equipment;
(iv) technical duties associated with maintenance, testing and operation of recording equipment;
(v) construction/installation work on broadcasting and electronic equipment at the transmitter or studio including the studio equipment and technical assistance with the installation of the associated power plant ventilation system or program lines.
(b) A Technician may be called upon to perform the duties of a Broadcasting Operator.
(c) If a station employs only one Technician they will be classified and paid as a Senior Technician or at a higher level, if appropriate.
B.1.9 The Broadcaster/Journalist classification in a grade and the definitions in Schedule B—Radio Broadcasting are indicators of skills only and for the purpose of fixing the minimum award rates of payment to which employees will be entitled and will not be applied to restrict the range of work that may be required of an employee.
C.1.1 Journalists, other than cadets and journalists employed outside the Commonwealth, will be classified in the following grades in 3 bands as defined in clause C.1.2. The bands into which each grade will be allocated will be:
(a) Band 1
· Journalist Grade 1
· Journalist Grade 2
· Journalist Grade 3
· Journalist Grade 4
(b) Band 2
· Journalist Grade 5
· Journalist Grade 6
· Journalist Grade 7
(c) Band 3
· Journalist Grade 8
C.1.2 The definitions for the 3 bands referred to in clause C.1.1 are:
(a) Band 1
Journalists classified in band one have completed the training requirements of a cadetship or its equivalent and are gaining experience in a wide range of practical areas and/or undertaking additional training. They normally perform journalistic duties under broad supervision. As they undertake additional training and/or gain experience, they are assigned to duties requiring the exercise of independent initiative and judgment and/or the exercise of more advanced skills. Beginning as a Journalist Grade 1 they require decreasing supervision and exercise greater professional judgment and skills to the level of Grade 4.
(b) Band 2
Journalists classified in band 2 have obtained wide practical experience and are exercising advanced skills. They are capable of working independently and of exercising initiative and judgment on difficult and responsible assignments. They may work either individually or as part of a team without direct supervision.
(c) Band 3
Journalists classified in band 3 exercise the highest level of skills and responsibility. Their duties require the exercise of sustained high levels of professional, technical and creative skills of mature and experienced judgment and outstanding levels of individual accomplishment.
C.1.3 Classification in a grade and the definitions in Schedule C are indicators of skills only and for the purpose of fixing the minimum award rates of payment to which members will be entitled and will not be applied to restrict the range of work that may be required of a member.
D.1.1 Cinema Worker Level 1
(a) A Cinema Worker Level 1 is an employee who is undertaking the necessary induction and training to perform work within the scope of this level.
(b) Indicative of the tasks which an employee at this level may perform are the following:
(i) cleaning and hygiene;
(ii) policy and procedures knowledge;
(iii) food and beverage preparation for sale;
(iv) stock replenishment;
(v) ticket tearing and customer assistance;
(vi) product presentation and service knowledge;
(vii) telephone skills;
(viii) ensuring customer comfort is maintained;
(ix) undertaking minor maintenance or repairs as required.
(c) Provided that no Cinema Worker Level 1 employee shall be required to handle cash except in the course of supervised training in cash handling tasks and in such circumstances the employee shall not be responsible for a correct balance of that cash. An employee who has completed 100 hours of service at Cinema Worker Level 1 may request cash handling training. The employer will not unreasonably refuse such a request. After 30 hours of such training and upon achieving the required level of competency for a Cinema Worker Level 2, the employee shall be classified at Cinema Worker Level 2.
D.1.2 Cinema Worker Level 2
(a) A Cinema Worker Level 2 is an employee who has completed necessary induction and training or is undertaking such training or who possesses equivalent experience or expertise required to perform work within the scope of this level.
(b) Consistent with the employee’s training an employee at this level:
(i) is responsible for the quality of work allocated to the employee, subject to routine supervision;
(ii) works under routine supervision either individually or in a team environment on a range of tasks;
(iii) exercises discretion within the employee’s level of skill and training; and
(iv) makes decisions in relation to routine matters within their area of work.
(c) Indicative of the tasks which an employee at this level may perform are the following:
(i) subject to the award and these definitions, operates flexibly as required between work areas;
(ii) basic keyboard duties;
(iii) provision of customer service;
(iv) ushering;
(v) telephonist, receptionist, selling tickets, cashier and information services. Provided that no employee required to handle cash will be held responsible for a correct balance of that cash if another employee, supervisor or manager has access to it;
(vi) preparing for sale and selling food and drink items and where required prepare, cook and quality assure all food items in any of the food outlet preparation areas in the cinema complex;
(vii) assisting other workers in any of these tasks;
(viii) training as a bio-box operator subject to routine supervision. An employee undertaking training in the bio-box will undergo a performance appraisal at 6 months and, subject to fulfilling the employer requirements for level 3, be promoted to that level;
(ix) cleaning, when specifically engaged as such;
(x) general maintenance as required.
(a) A Cinema Worker Level 3 is an employee who is appointed by the employer as a team leader in a designated area and who performs work within the scope of this level using applied knowledge and necessary skills.
(b) Consistent with their training and in addition to the competencies and tasks performed by an employee at level 1 and level 2:
(i) solves straightforward problems using readily available information;
(ii) works to complex instructions and procedures;
(iii) provides supervision and assists with training level 1 and 2 employees in a designated area;
(iv) coordinates, organises and allocates work, materials and equipment in an efficient and effective manner for 4 or more level 1 and 2 employees in a designated area; and
(v) is responsible for work undertaken.
(c) Tasks which an employee at this level may perform are:
(i) indicative tasks for level 1 and level 2 employees;
(ii) supervision of level 1 and 2 employees in a designated area; and
(iii) assist in training of level 1 and 2 employees
D.1.4 Cinema Worker Level 4
(a) A Cinema Worker Level 4 is an employee who performs work within the scope of this level using applied knowledge and necessary skills.
(b) Consistent with their training and in addition to the competencies and tasks performed by an employee at level 1, level 2, and level 3:
(i) solves straightforward problems using readily available information;
(ii) works to complex instructions and procedures;
(iii) provides supervision and assists with training levels 1, 2 and 3 employees;
(iv) organises and allocates work, materials and equipment in an efficient and effective manner; and
(v) is responsible for work undertaken.
(c) Tasks which an employee at this level may perform are:
(i) indicative tasks for level 3 employees;
(ii) supervision of levels 1, 2 and 3 employees;
(iii) assist in training of levels 1, 2 and 3 employees; and
(iv) undertake bio-box duties consistent with level 4 competencies subject to direction by a level 5 employee or a cinema operator who possesses level 5 competencies. Such direction may not necessarily involve constant supervision in the bio-box.
D.1.5 Cinema Worker Level 5
(a) A Cinema Worker Level 5 is an employee who applies knowledge and skills to enable the employee to perform work at this level.
(b) In addition to competencies and tasks performed by level 4 employees, and consistent with the employee’s training, an employee at level 5:
(i) is responsible for the projection area;
(ii) supervises work of employees at levels 1, 2, 3 and 4;
(iii) understands and applies quality control techniques;
(iv) performs work under limited supervision either individually or in a team environment;
(v) exercises discretion within the scope of this level;
(vi) may be responsible as required for the administration of the cinema; and
(vii) may be operationally responsible for food preparation department covering day-to-day operations to ensure efficient delivery of food ensuring adherence to standard recipe cards and food hygiene requirements.
(c) Tasks which an employee at level 5 may perform are:
(i) indicative tasks for level 4 employees;
(ii) machine setting, loading and preparation within the employee’s levels of skill and training;
(iii) supervision of levels 1, 2, 3 and 4 employees;
(iv) programming preparation and programming;
(v) bio-box administration and report preparation;
(vi) identifying technical problems;
(vii) training level 1, 2, 3 and 4 employees;
(viii) maintenance of technical equipment;
(ix) maintenance of lighting throughout the cinema; and
(x) supervising and directing general technical operations throughout the cinema complex, including computer systems. This may include, but not be limited to local management of film content, including playlists and alternate content; identifying and resolving technical issues; maintenance of all projector lighting; completing local repairs and maintenance, or arranging for work to be completed.
A Cinema Worker Level 6 is a person appointed as an assistant manager or technical manager who assists a manager of a cinema in carrying out the duties of a manager as provided in this award and who is called upon to carry out the duties and responsibilities of a manager during the absence of a manager from the cinema.
A Cinema Worker Level 7 is a person who is appointed as a manager and:
(a) who is responsible for the general operations at the cinema; and
(b) who is responsible for one or more of the following:
(i) advertising;
(ii) supervision of maintenance and cinema staff;
(iii) employment;
(iv) training;
(v) checking, safekeeping and banking of cinema funds and receipts;
(vi) payment of salaries and wages and/or accounts;
(vii) preparation and keeping of records;
(viii) programming of films as directed;
(ix) supervising and directing the programming of films for the entertainment of the customer as required by their employer. In doing so, where the screening of a film classified as restricted under the relevant legislation governing the censorship classification of films results in a prosecution against a manager or assistant manager, the employer will pay all fines and costs resulting from such prosecution unless the prosecution results from the wilful default of such manager or assistant manager.
Schedule E—Artists
E.1 Classifications
E.1.1 Bit Player means a performer who is not required to speak more than 6 lines of dialogue or more than 50 words in any program or episode and who will not be required to mime.
E.1.2 Double means an artist who takes the place of a performer but who does not speak dialogue used in the production and is not photographed in a manner which enables recognition. Provided that a stunt double or stunt performer who takes the place of an artist for safety reasons or to perform or to engage in hazardous action will qualify as an artist as defined in clause 63—Special definitions.
E.1.3 Extra means an artist who is part of a crowd, mob, ensemble or atmospheric scene and who appears only incidentally or in backgrounds, and who does not speak dialogue except in the mass, and who is, in accordance with industry practice, not featured, provided that the producer may for the purpose of authenticity invite members of the public in civilian dress to join in a scene and such member of the public will not be regarded as an artist and will not otherwise be covered by this award.
(a) Indicative tasks:
(i) Audition
· take direction with minimum instructions;
· integrate rapid instructions in an instant performance;
· present character effectively and instantaneously.
(ii) Preparation
· analyse character in terms of script and scene requirements;
· find appropriate emotions to express script requirements;
· interpret demands of production.
(iii) Rehearsal
· integrate skills to production and character requirements;
· take direction and interpret instructions and display necessary flexibility, versatility and adaptability;
· communicate effectively and develop professional working relationships with the Director, other performers and production staff.
(iv) Performance
· achieve the quality of performance to the required standard and be able to repeat performances to that standard;
· maintain the emotional, physical and vocal continuity required for the performance;
· perform convincingly under diverse and adverse physical and mental conditions.
(v) In relation to the indicative tasks of dancers that are classified as Performers Class 1, a dancer is able to:
· demonstrate a sound dance technique;
· demonstrate appropriate skills and knowledge for learning, rehearsing and performing dance roles;
· demonstrate an ability to perform in public;
· demonstrate screen craft skills;
· undertake all responsibilities associated with make-up and costume as required;
· demonstrate musicality as appropriate to performing as a dancer; and
· interpret physically and emotionally the choreographic content of a production.
E.1.5 Performer Class 2 means an artist who takes part in a performance and/or is engaged to take part in a rehearsal for a performance, who is required to speak more than 6 lines of dialogue or more than 50 words (except in the case of a dancer, mime artist or puppeteer, who may not be required to speak any lines of dialogue but who is engaged to take part in a performance in that capacity) and:
(a) possesses the skills of a Performer Class 1;
(b) has worked professionally for a minimum of 5 years as a performer; and
(c) has gained 150 points under the Experienced Points Structure set below.
E.2 Experienced points structure
E.2.1 Points
Points are awarded on the basis of the length of the engagement and the area of the industry in which the engagement took place. The following table sets out how points are awarded:
|
Category |
Type of production |
Length of engagement |
Points |
|
1 |
Serials (as per definition in ATPA) |
13 weeks and under After 13 weeks |
2 points per week 1 point per week |
|
2 |
Series (as per definition in ATPA) also includes sit-coms and sketch comedies) |
13 weeks and under After 13 weeks |
3 points per week 2 points per week |
|
3 |
One-off productions (as defined); e.g. Film, Telemovie, Mini-Series, Docu-Drama, Dramatised Corporate Videos (more than 20 mins) |
|
4 points per week |
|
4 |
Theatre |
13 weeks and under After 13 weeks |
3 points per week 2 points per week |
E.2.2 Professional experience
(a) Professional experience is to be calculated from the date of the performer’s first professional engagement.
(b) Where the performer has completed a relevant undergraduate degree or diploma at National Institute of Dramatic Art, Victorian College of the Arts, Western Australian Academy of Performing Arts or equivalent tertiary institution, which is ranked by the Register of Australian Tertiary Education at level 4 or higher, the 5 years’ experience requirement will be reduced to 3 years.
(c) Where the performer has undertaken an appropriate amount of relevant training at a private or public institution and/or through private tuition, the 5 year requirement will be reduced to 4 years. Examples of institutions offering relevant training would include the Australian Theatre for Young People, St Martins and the Actors’ Centre.
(d) Where a dispute arises as to whether a particular training course can be considered appropriate or whether the training offered by the institution is relevant, the matter may be referred to the Performer Classification Committee (where established) or the Fair Work Commission.
E.2.3 Single days
(a) Single days are to be allocated points on a pro rata basis. For example, a performer will earn 8 points for a single day engagement on a film (Category 3 production).
(b) However where the performer is engaged for a single day or days in a significant role and/or concentrated performance, they may negotiate with the producer of that production for the work to be credited a greater number of points.
E.2.4 Limit on one-off productions
No more than 50% of points may be achieved on any single one-off production (Category 3 production).
E.2.5 Limit on points from theatre (Category 4 productions)
(b) Where the performer has a minimum of 10 years’ experience in the industry as a performer the provisions of clause E.2.5(a) do not apply.
E.2.6 Eligible productions
(a) Points are only awarded for work on fully professional productions.
(b) Points are only available to persons engaged as performers, and not for engagements as bit players, extras, walk-ons or stand-ins.
(c) Commercials, documentaries, non-dramatic corporate videos and other productions are ineligible productions for the purpose of the 150 point score.
(d) Dramatised corporate videos of at least 20 minutes in length, scripted and professionally produced will count as eligible productions and are to be categorised as a Category 3 production.
E.2.7 Administration
(a) Where an individual performer has not been classified as Performer Class 2 by the Performer Classification Committee, they will provide the employer with information verifying their status when claiming to be a Performer Class 2.
(b) To verify their status as a Performer Class 2 a performer must provide the employer with either:
The statutory declaration must include:
· Artist’s name
· Agent (where applicable)
· Contact details
· Names of eligible productions in which employed as a performer
· Name of employer for each production
· Length of artist’s engagement for each production
· Attributed points gained through the engagement, or
(ii) A log book
The log book will set out the information contained in E.2.7(b)(i) above and will be signed by each employer verifying that the engagement has been completed.
(c) Any producer may request additional information including extracts from relevant contracts.
(d) Once a performer has been classified as a Performer Class 2, that performer will remain a Performer Class 2 for the duration of their career.
(e) Disputes
Where an employer and an individual performer cannot agree on whether the performer should be classified as a Performer Class 2 they may deal with the matter pursuant to clause 26—Dispute resolution.
(f) Changing Status
(i) Category 3 Productions (one-off productions)
Where in the course of an engagement in a Category 3 production, the performer achieves the necessary points to graduate to the Performer Class 2 classification, the performer will continue to be classified as a Performer Class 1 for that engagement until its completion.
(ii) Category 1 and 2 Productions (on-going productions, series or serial)
Where in the course of an engagement in excess of 13 weeks duration in a Category 1 or 2 production, the performer achieves the necessary points to graduate to the Performer Class 2 classification, the performer will graduate to the Performer Class 2 classification after the completion of the 13 week block in which the 150 points were achieved.
F.1 Classifications
F.1.2 Session Singer means performer who sings vocals on records.
F.1.3 Leader means the first or principal violinist or instrumentalist who is required to perform the duties of leader where there is a conductor.
F.1.4 Principal or Principal Instrument or Principal Instrumentalist 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.
Schedule G—Motion Picture Production
G.1 Classifications
G.1.1 Level 1
Entry/base level for an inexperienced employee. At this level an employee will have no prior experience or training in the industry and will work under direct supervision on general duties of a basic nature requiring only limited discretion. An employee at level 1 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:
(a) under supervision, perform basic duties related to the maintenance of animals, equipment, vehicles etc. used in the film production process;
(b) light cleaning or preparation of location, studio and/or unit base;
(c) lift and handle scenery, props or equipment under direct instruction;
(d) pack and store simple objects under direct instruction;
(e) apply general safety procedures;
(f) develop an understanding of basic industry terminology and processes;
(g) work effectively in a team environment;
(h) undertake courier or driver duties;
(i) develop an understanding of basic industry production process;
(j) basic maintenance of relevant tools and equipment.
G.1.2 Level 2
A level 2 employee will have limited previous experience or training in the industry and will act as an assistant to production personnel engaged in non-trade technical and creative duties. A level 2 employee may work without direct supervision as required. An employee at level 2 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:
(a) assist in supervision of employees at level 1;
(b) competently perform all relevant tasks undertaken at level 1;
(c) demonstrate an understanding of production terminology and processes;
(d) undertake basic duties as assistant in relevant departments, including supervised maintenance, cleaning and storage of basic tools and equipment including costumes;
(e) demonstrate appropriate interpersonal skills, including problem solving with co-employees, performers and/or contractors or suppliers;
(f) undertake liaison and/or courier duties;
(g) provide basic assistance in production office and with the casting of extras.
G.1.3 Level 3
A level 3 employee may hold a relevant trade certificate or its equivalent in a discipline or trade relevant to the industry, may have prior working experience in the industry and will have a good knowledge of technical and creative aspects of the industry. A level 3 employee will carry out duties under limited supervision. An employee at level 3 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:
(a) exercise technical and/or creative skills in required skill areas at a basic trade equivalent or better;
(b) assist in supervision of employees at level 1 or 2;
(c) understand and apply quality and safety control techniques;
(d) exercise good interpersonal and communication skills, particularly in consultation with performers, production personnel, etc;
(e) have a basic capacity to innovate and fault find using a broad range of materials, tools and/or technologies for installation, maintenance and/or repair and/or fabrication and/or construction and/or operation;
(f) perform duties under the pressure of production deadlines;
(g) have a sound understanding of industry terminology and craft, and an understanding of industry aesthetics and production processes;
(h) carry out repairs to equipment, props, costumes etc;
(i) provide organisational assistance to a head of department or other senior employee;
(j) exercise discretion within the scope of their department and classification;
(k) undertake production office, secretarial and executive management support duties as required;
(l) assist in organisation or supervision of loading/unloading props, scenery and equipment;
(m) undertake duties as an assistant in relevant departments.
G.1.4 Level 4
A level 4 employee will be an experienced industry employee who will work competently and with minimal supervision within their department or may manage a discrete part of the production process. An employee at level 4 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:
(a) undertake creative and/or technical tasks in relevant departments;
(b) exercise technical and/or creative skills;
(c) understand and apply quality and safety control techniques;
(d) demonstrate a well developed understanding of industry craft and a developed understanding of industry aesthetics which is applied to the work performed;
(e) assist in the development and provision of training;
(f) carry out equipment maintenance and repairs to complex equipment as required;
(g) organise work and allocate work priorities;
(h) accurately generate and interpret reports and/or plans or designs;
(i) exercise discretion within the scope of the classification;
(j) supervise a work team or assist in the co-ordination of work across a number of departments;
(k) cast extras and liaise with agents in the casting process;
(l) assist in liaison with, and assist, performers;
(m) undertake supervision of some production office duties;
(n) provide specialist advice and/or equipment to the production;
(o) co-ordinate the provision of facilities for cast and crew on location/set;
(p) program and operate control systems, including software related to sound, lighting etc. or the mechanical operation of equipment or special effects;
(q) assist in the post-production process.
G.1.5 Level 5
A level 5 employee will be an experienced industry employee who may have undertaken advanced training. A level 5 employee will work competently at a high skill level without supervision as primary assistant to key technical and creative personnel. An employee at level 5 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:
(a) exercise technical and/or creative skills at a high level;
(b) provide and develop training in association with other skilled technicians and production management;
(c) have a complex understanding of production industry craft and a well developed sense of production industry aesthetics which is applied to work performed;
(d) develop work programs and allocate priorities for a work team;
(e) well developed capacity to develop solutions to relevant problems using a wide variety of materials, tools and techniques including specialised technologies for fabrication and/or construction, repair, maintenance and installation of advanced equipment, etc;
(f) apply a range of specialist knowledge and provide specialised skills;
(g) develop and generate reports/plans/designs/drawings as required and assist in co-ordinating production schedules and timelines as required to meet deadlines;
(h) capable of unsupervised solo work;
(i) undertakes production co-ordination duties at the level of assistant to Production Manager;
(j) organise and manage the use of locations and liaison with local authorities as required;
(k) assist first Assistant Director, liaise with production office and location/set, monitor schedule, supervise extras;
(l) operate and perform SFX sequences;
(m) exercise advanced trade skills in the art and props departments;
(n) assist the Art Director.
G.1.6 Level 6
A level 6 employee will be an experienced industry employee who is capable of unsupervised work of a complex technical or creative nature. A level 6 employee may supervise a department on small scale productions or be deputy head of a department on a large scale production. An employee at level 6 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:
(a) provide technical guidance to other employees;
(b) exercise high level skills in key technical and production support departments;
(c) prepare detailed reports as required in their area;
(d) assist in the development and provision of on-the-job training;
(e) operate, maintain and repair as required sophisticated/advanced equipment;
(f) design of sets, floor plans, construction plans etc;
(g) undertake all aspects of still photography;
(h) co-ordinate SFX sequences and sequences requiring animals;
(i) responsible for production accounting processes;
(j) supervision of make-up, hair and wardrobe departments;
(k) supervise cast and crew safety on set and location.
G.1.7 Level 7
A level 7 employee will be an experienced industry employee with considerable advanced training or its equivalent. An employee at level 7 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:
(a) provide, develop and may supervise on-the-job training;
(b) provide a major contribution to the development of work plans, timelines and budgets for Major Productions;
(c) co-ordinate the activities of a number of departments within a production environment and assist in the solution of budgetary and other complex difficulties which arise in the development of work plans and production schedules, etc;
(d) undertake duties of first assistant director;
(e) prepare complex integrated multi-department reports and plans/plots/drawings as required;
(f) work closely with designers and other senior creative staff in the development of concepts and plans etc;
(g) exercise considerable discretion within the classification;
(h) responsible, with heads of department, for ensuring satisfactory quality of work at department level;
(i) advanced understanding of production industry craft processes and aesthetics and applies that to the work performed;
(j) liaise with and assist performers, and plan and provide all necessary co‑ordination for effective location or studio management;
(k) undertake key technical responsibilities including maintenance, set-up and operation of complex camera, lighting, construction and electrical equipment;
(l) oversee the satisfactory co-ordination of technical services;
(m) oversee the recruitment of staff in co-operation with heads of department;
(n) supervise and design SFX and SFX make-up;
(o) supervise business and technical arrangements and monitor budget adherence;
(p) control and operate complex audio-visual production and post-production equipment;
(q) control and direct all aspects of continuity;
(r) supervise post-production;
(s) design costumes.
G.1.8 Level 8
A level 8 employee will work at a level above and beyond an employee at level 7 and exercise advanced skill, judgment and control in key production, technical, or creative management. An employee at level 8 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:
(a) exercise key creative control of photography, sound and production design;
(b) direct second unit filming;
(c) perform duties as a senior department head or as senior creative personnel such as DoP, Production Designer or Sound Designer;
(d) supervise, design and direct complex creative processes as required;
(e) supervise the co-ordination of training.
G.1.9 Level 9
A level 9 employee will demonstrate advanced industry skills as a Director working in series or serials, documentaries, animated productions or similar productions. An employee at level 9 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:
(a) undertake all duties of Director or Animation Director;
(b) integrate the work of performers and senior creative personnel to develop complex integrated work plans for Major Productions;
(c) exercise creative control of a production;
(d) develop complex plans as required.
G.1.10 Level 10
A level 10 employee will demonstrate advanced industry skills as a Director working in feature film, mini-series and one shot drama/telemovie productions. An employee at level 10 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:
(a) undertake all duties of Director;
(b) integrate the work of performers and senior creative personnel to develop complex integrated work plans for Major Productions;
(c) exercise creative control of all aspects of a production including script rights, principal casting rights, fine cut rights and mix rights;
(d) develop complex plans as required.
Schedule H—Summary of Monetary Allowances
[Corrected by PR725013; varied by PR729350, PR729534, PR740777, PR740940, PR750844, PR762200, PR762367]
See clauses 15, 34, 46, 52, 62, 66, 74 and 83 (allowances) for full details of allowances payable under this award.
H.1 Wage-related allowances:
[H.1.1 varied by PR729350, PR740777, PR762200 ppc 01Jul23]
H.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Grade 5 entertainment employee in clause 13.3 = $995.00.
|
Clause |
% of standard rate |
$ |
Payable |
|
|
General |
|
|
|
|
|
First aid allowance—per week |
15.2(a)(i) |
2.0 |
19.90 |
per week |
|
First aid allowance—per hour |
15.2(a)(ii) |
Weekly allowance / 38 |
0.52 |
per hour |
|
Language allowance—Indigenous performer’s English proficiency—level 1—minimal |
15.2(b)(i) |
159.66 |
1588.62 |
per annum |
|
Language allowance—Indigenous performer’s English proficiency—level 2—general |
15.2(b)(i) |
319.64 |
3180.42 |
per annum |
|
Television broadcasting |
|
|
|
|
|
Broadcast Operator’s Certificate of Proficiency allowance1 |
34.2(b) |
1.8 |
17.91 |
per week |
|
Television Operator’s Certificate of Proficiency allowance2 |
34.2(c) |
3.49 |
34.73 |
per week |
|
Height allowance—15 metres to 50 metres |
34.2(i) |
0.93 |
9.25 |
per shift |
|
Height allowance—51 metres to 90 metres |
34.2(i) |
1.96 |
19.50 |
per shift |
|
Height allowance—over 90 metres |
34.2(i) |
3.25 |
32.34 |
per shift |
|
Cinemas |
|
|
|
|
|
Zone manager’s additional cinema supervision allowance—zone 1—per cinema |
62.2(a)(i) |
5.38 |
53.53 |
per cinema per week |
|
Zone manager’s additional cinema supervision allowance—zone 1—maximum per week |
62.2(a)(i) |
32.29 |
321.29 |
per week |
|
Zone manager’s additional cinema supervision allowance—zone 2—per cinema |
62.2(a)(i) |
3.77 |
37.51 |
per cinema per week |
|
Zone manager’s additional cinema supervision allowance—zone 2—maximum per week |
62.2(a)(i) |
22.73 |
226.16 |
per week |
1, 2 These allowances are payable for for all purposes of this award.
H.1.2 Automatic adjustment of wage-related allowances
[H.1.2 renamed and substituted by PR750844 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
H.2 Other rates of pay—Artists:
[H.2.1 varied by PR729350, PR740777, PR762200 ppc 01Jul23]
H.2.1 The following rates of pay in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Grade 5 entertainment employee in clause 13.3 = $995.00.
H.2.2 Interviews, auditions and screen tests (clause 13.9(c))
[H.2.2 varied by PR729350, PR740777, PR762200 ppc 01Jul23]
|
Clause |
% of standard rate |
$ |
Payable |
|
|
General |
|
|
|
|
|
Interview, audition and screen test rates—screen test for television |
13.9(c) |
8.25 |
82.09 |
per screen test |
|
Interview, audition and screen test rates—visual test only |
13.9(c) |
6.85 |
68.16 |
per screen test |
|
Interview, audition and screen test rates—any other audition and/or screen test |
13.9(d) |
3.76 |
37.41 |
per hour or part thereof |
H.2.3 Engaged by the week in a serial drama or serial comedy (clause 13.8(d))
Following an Annual Wage Review increase, the per episode rates in clause 13.8(d) are adjusted as follows:
|
No. of episodes in which work is performed in a week |
|||
|
1 or 2 |
3 |
4 |
5 |
|
$ |
$ |
$ |
$ |
|
AWR |
1 or 2 episode rate + (43.75% of 1 or 2 episode rate) |
1 or 2 episode rate + 2 x (43.75% of 1 or 2 episode rate) |
1 or 2 episode rate + 3 x (43.75% of 1 or 2 episode rate) |
Where ‘AWR’ = adjusted in accordance with Annual Wage Review decision
H.3 Expense-related allowances
[H.3.1 corrected by PR725013; varied by PR729534, PR740940, PR762367 ppc 01Jul23]
H.3.1 The following expense-related allowances will be payable to employees in accordance with clauses 15, 34, 46, 52, 62, 66, 74 and 83 (allowances):
|
Allowance |
Clause |
Applicable CPI figure |
$ |
Payable |
|
General |
|
|
|
|
|
Vehicle allowance—vehicle |
15.3(a)(i) |
Private motoring sub-group |
0.95 |
per km |
|
Vehicle allowance—motorcycle |
15.3(a)(ii) |
Private motoring sub-group |
0.49 |
per km |
|
Uniform allowance—per rostered day |
15.3(c) |
Clothing and footwear group |
1.51 |
per day |
|
Uniform allowance—maximum per week |
15.3(c) |
Clothing and footwear group |
7.41 |
per week |
|
Television broadcasting |
|
|
|
|
|
Meal allowance |
34.3(a) |
Take away and fast foods sub-group |
21.43 |
per meal |
|
Radio broadcasting |
|
|
|
|
|
Meal allowance, more than one meal a day away from home—announcers and broadcaster/journalists |
46.3(a)(i) |
Take away and fast foods sub-group |
27.50 |
per second and subsequent meals |
|
Meal allowance, more than 2 hours overtime without notice—technical staff |
46.3(a)(ii) |
Take away and fast foods sub-group |
18.37 |
per occasion |
|
Journalists |
|
|
|
|
|
Meal allowance, more than one meal a day away from home |
52.2(a) |
Take away and fast foods sub-group |
25.22 |
per meal |
|
Spectacles allowance |
52.2(d) |
Clothing and footwear group |
111.30 |
per first frames |
|
Cinemas |
|
|
|
|
|
Working away from usual place of work—employee required to provide own board and lodging—per day |
62.3(b) |
Private motoring sub-group |
100.10 |
per day |
|
Working away from usual place of work—employee required to provide own board and lodging—maximum per week—an amount of up to |
62.3(b) |
Private motoring sub-group |
500.52 |
per week |
|
Artists |
|
|
|
|
|
Meal allowance—after not less than 10 hours of work in a day |
66.3(a)(i) |
Take away and fast foods sub-group |
21.14 |
per occasion |
|
Travelling meal allowance—breakfast |
66.3(a)(ii) |
Take away and fast foods sub-group |
19.00 |
per meal break |
|
Travelling meal allowance—lunch |
66.3(a)(ii) |
Take away and fast foods sub-group |
21.43 |
per meal break |
|
Travelling meal allowance—dinner |
66.3(a)(ii) |
Take away and fast foods sub-group |
32.69 |
per meal break |
|
Accommodation allowance—standard of a private home, homestead or hotel |
66.3(d)(ii) |
Private motoring sub-group |
9.97 |
per day |
|
Accommodation allowance—standard of air-conditioned caravan or air-conditioned and sewered mining camps |
66.3(d)(ii) |
Private motoring sub-group |
20.03 |
per day |
|
Accommodation allowance—standard of shearer’s quarters, mining camps or rough camping |
66.3(d)(ii) |
Private motoring sub-group |
39.82 |
per day |
|
Wardrobe allowance—own formal wear |
66.3(e)(iv) |
Clothing and footwear group |
42.80 |
per outfit per week or part of week |
|
Wardrobe allowance —other wardrobe allowance |
66.3(e)(iv) |
Clothing and footwear group |
25.50 |
per outfit per week or part of week |
|
Meal allowance—breakfast—work starting before 7.00 am |
67.1(a) |
Take away and fast foods sub-group |
19.00 |
per meal break |
|
Meal allowance—breakfast—work starting before artist can obtain breakfast at accommodation |
67.1(b) |
Take away and fast foods sub-group |
19.00 |
per occasion |
|
Meal allowance—lunch allowance |
67.1(d) |
Take away and fast foods sub-group |
21.43 |
per meal break |
|
Meal allowance—dinner allowance |
67.1(d) |
Take away and fast foods sub-group |
32.69 |
per meal break |
|
Meal allowance— work beyond time of a second meal break |
67.1(f) |
Take away and fast foods sub-group |
21.14 |
per occasion |
|
Meal allowance—supper—overtime beyond midnight |
67.1(g) |
Take away and fast foods sub-group |
21.14 |
per occasion |
|
Musicians |
|
|
|
|
|
Travelling allowance—meals—breakfast |
74.2(a)(iv) |
Take away and fast foods sub-group |
16.26 |
per meal |
|
Travelling allowance—meals—lunch |
74.2(a)(iv) |
Take away and fast foods sub-group |
24.18 |
per meal |
|
Travelling allowance—meals—dinner |
74.2(a)(iv) |
Take away and fast foods sub-group |
32.08 |
per meal |
|
Motion picture production |
|
|
|
|
|
Meal allowance on location—lunch |
83.2(a)(i) |
Take away and fast foods sub-group |
14.95 |
per meal |
|
Meal allowance on location—dinner |
83.2(a)(ii) |
Take away and fast foods sub-group |
22.96 |
per meal |
|
Meal allowance on location—supper |
83.2(a)(iii) |
Take away and fast foods sub-group |
14.95 |
per meal |
|
Laundry allowance |
83.2(b) |
Clothing and footwear group |
8.30 |
per day |
|
Accommodation allowance—standard of a private home, homestead or hotel |
83.2(d)(i) |
Private motoring sub-group |
9.97 |
per day |
|
Accommodation allowance—standard of air-conditioned caravans or air-conditioned and sewered mining camps |
83.2(d)(ii) |
Private motoring sub-group |
20.03 |
per day |
|
Accommodation allowance—standard of shearer’s quarters, mining camps or rough camping |
83.2(d)(iii) |
Private motoring sub-group |
39.82 |
per day |
H.3.2 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 |
|
Clothing, equipment and tools allowance |
Clothing and footwear group |
|
Meal allowance |
Take away and fast foods sub-group |
|
Vehicle/travel allowance |
Private motoring sub-group |
Schedule I—Supported Wage System
[Varied by PR729672, PR742256, PR762969]
I.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.
I.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.
I.3 Eligibility criteria
I.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.
I.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.
I.4 Supported wage rates
I.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 I.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[I.4.2 varied by PR729672, PR742256, PR762969 ppc 01Jul23]
I.4.2 Provided that the minimum amount payable must be not less than $102 per week.
I.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
I.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 SWS 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.
I.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.
I.6 Lodgement of SWS wage assessment agreement
I.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.
I.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.
I.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 SWS.
I.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.
I.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.
I.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 4 weeks) may be needed.
I.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.
[I.10.3 varied by PR729672, PR742256, PR762969 ppc 01Jul23]
I.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 per week.
I.10.4 Work trials should include induction or training as appropriate to the job being trialled.
I.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 I.5.
Schedule J—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started: ___/___/20___ ____ am/pm
Date and time overtime ended: ___/___/20___ ____ am/pm
Amount of overtime worked: _______ hours and ______ minutes
The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
Schedule K—Agreement to Take Annual Leave in Advance
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 L—Agreement to Cash Out Annual Leave
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___ |
[Schedule M—Part-day Public Holidays deleted by PR747412 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR738559; deleted by PR746868 ppc 17Oct22]
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