Table of Contents - MA000147 Australian Broadcasting Corporation Enterprise Award 2016

Part 1—Application and Operation

1. Title

2. Commencement

3. Definitions and interpretation

4. Coverage

5. The National Employment Standards and this award

6. Award flexibility

7. Facilitative provisions

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—Types of Employment

10. Types of employment

Part 4—Termination of Employment

11. Termination of employment

12. Redundancy

Part 5—Minimum Wages and Related Matters

13. Minimum wages

14. Superannuation

Part 6—Hours of Work and Related Matters

Part 7—Leave and Public Holidays

15. Application of Part

16. Personal/carer’s leave and compassionate leave

17. Parental leave

18. Community service leave

19. Cashing out of annual leave

Part 8—General Stream

20. Classifications and rates of pay

21. Facilitative provisions

22. Hours of duty

23. Penalty rates

24. Overtime

25. Annual leave

26. Additional annual leave

27. Public holidays

28. Travel

Part 9—Journalists Stream

29. Application

30. Classification and rates of pay

31. Employer and employee duties

32. Casuals

33. Casual rates of pay

34. Cadets

35. Meal allowance

36. Allowances

37. Notice of termination

38. Ordinary hours

39. Meal breaks

40. Rosters

41. Free days

42. Calculation of time worked

43. Distant engagements

44. Relief duties

45. Shift penalties

46. Overtime

47. Annual leave

48. Annual leave—shiftworkers

49. Annual leave—casuals

50. Annual leave—war correspondents

51. Annual leave loading

52. Medical examination

53. Other leave

54. Remote localities

55. Cost of conveyance and furniture removal

56. Temporary transfers

57. Air travel and special risks

Part 10—Actors Stream

58. Application

59. Rates of pay

60. Forms of engagement

61. Control and direction of performers

62. Classifications and rates of pay

63. Allowances and special rates

64. Payment of wages

65. Meal and other breaks

66. Publicity/promotional work

67. Cancellation and postponement of calls

68. Transport

69. Accommodation

70. Payment while travelling

71. Lay days

72. Travel expenses in carrying out publicity work

73. Facilities

DIVISION 2—Performances in Radio Only

74. Classifications and rates of pay

75. Rates of pay—juveniles

76. Allowances and special rates

77. Calls

78. Notice of call times

79. Overtime

80. Recreation leave payments

DIVISION 3—Performances in Television Only

81. Calls

82. Meal breaks

83. Overtime

84. Make–up time

85. Late arrivals

86. Classifications and rates of pay

87. Allowances and special rates

88. Superannuation

SCHEDULE A—SUMMARY OF EXPENSE RELATED ALLOWANCE
Australian Broadcasting Corporation Enterprise Award 2016

Australian Broadcasting Corporation Enterprise Award 2016

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 20 June 2019 (PR704109,PR707590,PR707803).

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

Table of Contents

Part 1—Application and Operation

1. Title

2. Commencement

3. Definitions and interpretation

4. Coverage

5. The National Employment Standards and this award

6. Award flexibility

7. Facilitative provisions

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—Types of Employment

10. Types of employment

Part 4—Termination of Employment

11. Termination of employment

12. Redundancy

Part 5—Minimum Wages and Related Matters

13. Minimum wages

14. Superannuation

Part 6—Hours of Work and Related Matters

Part 7—Leave and Public Holidays

15. Application of Part

16. Personal/carer’s leave and compassionate leave

17. Parental leave

18. Community service leave

19. Cashing out of annual leave

Part 8—General Stream

20. Classifications and rates of pay

21. Facilitative provisions

22. Hours of duty

23. Penalty rates

24. Overtime

25. Annual leave

26. Additional annual leave

27. Public holidays

28. Travel

Part 9—Journalists Stream

29. Application

30. Classification and rates of pay

31. Employer and employee duties

32. Casuals

33. Casual rates of pay

34. Cadets

35. Meal allowance

36. Allowances

37. Notice of termination

38. Ordinary hours

39. Meal breaks

40. Rosters

41. Free days

42. Calculation of time worked

43. Distant engagements

44. Relief duties

45. Shift penalties

46. Overtime

47. Annual leave

48. Annual leave—shiftworkers

49. Annual leave—casuals

50. Annual leave—war correspondents

51. Annual leave loading

52. Medical examination

53. Other leave

54. Remote localities

55. Cost of conveyance and furniture removal

56. Temporary transfers

57. Air travel and special risks

Part 10—Actors Stream

58. Application

59. Rates of pay

60. Forms of engagement

61. Control and direction of performers

62. Classifications and rates of pay

63. Allowances and special rates

64. Payment of wages

65. Meal and other breaks

66. Publicity/promotional work

67. Cancellation and postponement of calls

68. Transport

69. Accommodation

70. Payment while travelling

71. Lay days

72. Travel expenses in carrying out publicity work

73. Facilities

DIVISION 2—Performances in Radio Only

74. Classifications and rates of pay

75. Rates of pay—juveniles

76. Allowances and special rates

77. Calls

78. Notice of call times

79. Overtime

80. Recreation leave payments

DIVISION 3—Performances in Television Only

81. Calls

82. Meal breaks

83. Overtime

84. Make–up time

85. Late arrivals

86. Classifications and rates of pay

87. Allowances and special rates

88. Superannuation

Schedule A—Summary of expense related allowance

Part 1—Application and Operation

1. Title

2. Commencement

3. Definitions and interpretation

4. Coverage

5. The National Employment Standards and this award

6. Award flexibility

7. Facilitative provisions

1. Title

This award is the Australian Broadcasting Corporation Enterprise Award 2016.

2. Commencement

This award commences on 24 August 2016.

3. Definitions and interpretation

3.1 In this award,unless the contrary intention appears:

Term

    Definition

Application

ABC

    means the Australian Broadcasting Corporation

All

Act

    means the Fair Work Act 2009 (Cth),as amended from time to time

All

Actor

    leads,co-leads and performers

Actors Stream

Actors Stream

All

Additional day off or ADO

General Stream

Artist

    a person employed by the ABC in accordance with the provisions of this award including leads,co-leads,performers,extras and special extras,but not including members of the public invited by the ABC to participate in scenes as extras

Actors Stream

Audition

    a performance of material which the performer has been required to learn or prepare,given in order to be considered for possible employment and does not require the artist to perform sex simulated scenes or appear nude or semi-nude unless notified 24 hours in advance. Where such sex scenes or nudity or semi-nudity are required they may not be recorded

Actors Stream

BNF:Basic Negotiated Fee

    the minimum weekly,daily or hourly rate for an artist as set out in tables A,B,C and D of this award plus the individual artist’s personal margin for skill. The BNF will be the rate upon which all payment for all performance and non-performance work,excluding auditions,is based. The BNF does not include repeat fees,residual fees,fees for ancillary usage or any payments or allowances for penalties,overtime,or any other allowance

Actors Stream

Call

    an instruction to report for work at a definite time and for a definite period for the purpose of rehearsing and/or performing and/or recording and/or re-recording a radio or television program and/or carrying out publicity work

Actors Stream

Cast

    all those artists (including stunt players) taking part in a performance

Actors Stream

Chorus

    more than six artists singing or dancing as a combination,but not including solo singers or dancers;or an artist who performs as a model or mannequin and/or as a member of the ensemble of an aquatic or skating performance

Actors Stream

CPSU

    means the Community and Public Sector Union

All

Distant assignment

General Stream

Distant engagement

    an assignment requiring an employee to spend one night or more away from the city or town in which he or she is regularly employed. Employees transferred under the circumstances set out in clause 44—Relief duties of this award and employees required to attend a conference convened by the ABC are not deemed to be on distant engagement

Journalists Stream

Division 2 General Employees

    are employees employed in one of the following classifications:

    Administrative officer (A)

    Building and services officer (A)

    Cadet Engineer

    Design and development officer

    Engineer

    Legal Officer

    Librarian

    Professional officer (R&D)

    Senior Legal Officer

General Stream

Division 3

General Employees

    are employees employed in one of the following classifications:

    Administrative officer (B) and (D)

    Announcer

    Assistant shop manager

    Building and services officer (B)

    Information technologist

    Sales assistant

    Sports Broadcaster

General Stream

Division 4

General Employees

are employees employed in one of the following classifications:

    •Administrative officer (C)

    •Assistant Designer

    •Building and services officer (C)

    •Broadcast Engineering Officer

    •Broadcast Engineering Trainee

    •Co-ordinator,TV Drama

    •Costume Maker

    •Designer

    •Designer’s Assistant

    •Drafting Assistant

    •Executive Producer

    •Graphics Designer

    •Make-up artist

    •Photographer

    •Producer

    •Production support officer (TV)

    •Property officer

    •Scenic workshop officer

    •Senior Designer,Grade 1 Victoria

    •Senior Designer,Grade 2 HO

    •Senior Drafting Officer

    •Senior Photographer

    •Senior Production Designer

    •Senior Television Assistant (Production Operations)

    •Senior Television Lighting Electrician

    •Supervisor,TV Transmission:Victoria,Queensland,South Australia,Western Australia and Tasmania

    •Technical Assistant,Grade 2

    •Television Assistant (Production Operations)

    •Television Lighting Electrician

    •Transmission Officer (TV).

General Stream

Executive

    means an ABC employee classified by the ABC as Executive Level 1,2,3 or 4,unless they are otherwise covered by a classification under this Award

All

Extra

    a person whether in costume or not,who takes part in a group,mob,ensemble or atmospheric scene,who is not speaking dialogue except in the mass,who can move individually and in this can be given individual direction

Actors Stream

Family

    has the meaning given to it by the Act

General Stream

General Stream

All

In the case of interstate or country artists,the pick-up point

    is the transport terminal at which the artist arrives,or the place of overnight accommodation if the artist has to stay overnight

Actors Stream

Interview

    a performance of material which the performer has not been required to learn or prepare,given in order to be considered for possible employment

Actors Stream

Journalists Stream

All

Juvenile

    for the purposes of clauses 75—Rates of pay—juveniles and 87—Allowances and special rates,an artist under the age of 16 years

Actors Stream

Leading performer or co-leading performer (also lead or co-lead):

    a performer who takes part in or is engaged to take part in the rehearsal and/or performance of a radio or television programme and who is classified by the ABC as the leading performer (lead) or co-leading performer (co-lead) as the case may be in accordance with the provisions of clause 63 of this award

Actors Stream

Live performance

    a performance which is transmitted simultaneously with the actual performance of the artist

Actors Stream

NES

    means the National Employment Standards as contained in sections 59 to 131 of the Act

All

Non-rostered employee

    is defined in clause 22.1(a);and is an employee who is employed in a classification under this award for less than the ordinary hours of work for that classification in accordance with clause 10

General Stream

Performer

    an artist who takes part in or who is engaged to take part in the rehearsal and/or performance of a radio or television programme,including a stunt actor

Actors Stream

Pick-up point

    the studio of the ABC if that studio is within a radius of 20 kilometres of the GPO of the capital city in which the performer resides. The ABC studio located in Frenchs Forest NSW for the purposes of this award will be regarded as being within a radius of 20 kilometres of the GPO in Sydney.

Actors Stream

Pre-recording

    the process of recording a performance by any means prior to the scheduled time of transmission as a radio or television programme which,had it not been so recorded,would have been performed concurrently with transmission as a radio or television programme

Actors Stream

Recorded or pre-recorded programme

    a programme or part of a programme which has been recorded or pre-recorded by any means and by which the performance previously given by an artist may be transmitted

Actors Stream

Recording

    the process of recording a performance by any means

General Stream and Actors Stream

Redundancy

    has the meaning given to it by the Act

General Stream

Rehearsal week

    a production week scheduled for and limited to the preparation and rehearsal of a production and one that does not involve any pre-recording

Actors Stream

Rehearsal

    the period when the artist is required to attend to be rehearsed and instructed in the particular part he or she will play in a performance

Actors Stream

Remote localities

    Alice Springs,Broken Hill,Cairns,Darwin,Kalgoorlie,Longreach,Mount Isa,Port Hedland or Longreach

Journalists Stream

Rostered days off or RDO

General Stream

Rostered employee

General Stream

Special extra

    a person whether in costume or not,who takes part in a group,mob,ensemble or atmospheric scene,who also may perform any individual piece of business as directed and who may be required to individually speak not more than 20 words in any performance

Actors Stream

Spouse

    includes de facto spouse

Journalists Stream

Stunt actor

    a person trained to and capable of performing stunts

Actors Stream

Stunts

    actions or services of a hazardous or dangerous nature or which could reasonably be construed as bringing risk to the player’s life,limb or health

Actors Stream

TOPO

    is an employee employed in the classification of Television Officer (Production Operations) and includes Broadbanded TOPO,Substantially Broadbanded TOPO,Senior TOPO and Extended Range TOPO

General Stream

TSO

    is an employee employed in the classification of Technical Services Officer

General Stream

Usual station

General Stream

Week

    for the purposes of clause 87 only,a period of 7 consecutive days calculated from the first day on which an artist provides his/her own outfit

Actors Stream

Workplace

    means an operationally or organisationally distinct work group or section and may include a part of a workplace where the part is also operationally or organisationally distinct

General Stream

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

4. Coverage

4.1 This award applies to the ABC and its employees in the classifications in the General,Journalists and Actors Streams to the exclusion of any other modern award.

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

4.3 The following Parts apply to the following classes of employees:

4.4 Unless otherwise provided,each of the Parts above prevails over the remainder of the award to the extent of any inconsistency;it applies to the exclusion of the remainder of the award.

5. The National Employment Standards and this award

5.1 The National Employment Standards (NES) and entitlements in this award contain the minimum conditions of employment for employees covered by this award.

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

6. Award flexibility

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

    (a) arrangements for when work is performed (including,for employees in the General Stream and the Journalists Stream,rosters and the arrangement of free days,provided that the minimum number of free days is not less than four per fortnight);

    (b) overtime rates;

    (c) penalty rates;

    (d) allowances;and

    (e) leave loading.

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

6.3 The agreement between the ABC and the individual employee must:

    (a) be confined to a variation in the application of one or more of the terms listed in clause 6.1;and

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

6.4 The agreement between the ABC and the individual employee must also:

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

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

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

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

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

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

6.6 Except as provided in clause 6.4(a) the agreement must not require the approval or consent of a person other than the ABC and the individual employee.

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

6.8 The agreement may be terminated:

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

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

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

6.9 The right to make an agreement pursuant to this subclause is in addition to,and is not intended to otherwise affect,any provision for an agreement between the ABC and an individual employee contained in any other term of this award

7. Facilitative provisions

7.1 A facilitative provision is one which provides that the standard approach in an award provision may be departed from by agreement between the ABC,and/or an employee,or the majority of employees,in the enterprise or workplace concerned. The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provision should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations,nor should they result in unfairness to an employee or employees covered by this award.

7.2 An employee may be represented by the relevant union in meeting and conferring with the ABC about the implementation of the relevant facilitative provision.

7.3 Any agreement between the ABC and an employee,or the majority of employees must be recorded in writing.

7.4 Facilitative provisions in this award are contained in the following clauses:

    (a) General Stream

    Subject matter

    Clause number

    Part-time Employees—hours of duty agreement

    10.4(b)

    Part-time Employees—additional hours and overtime

    10.5(a)

    Part-time –Full-time reversion rights

    10.8

    Special facilitative provisions –

    Broadcasters

    Hours of duty

    21.2

    22.3(a)(ii)

    Arrangement of hours—Broadcaster agreements

    22.3(d)(i)(A)

    Arrangement of hours—substitute ADOs

    22.3(f)(ii)

    Minimum breaks between duty

    22.4(d)(i)

    Change of Shift and Rostered Days Off—Broadcaster

    22.4(e)

    Overtime Special Broadcaster Conditions

    24.4

    Public Holiday substitutions

    27.3

    (b) Journalists Stream

    Clause title

    Clause number

    Ordinary hours

    38.2

    Meal Breaks

    39.2

   

Part 2—Consultation and Dispute Resolution

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8. Consultation

8.1 Consultation regarding major workplace change

    (a) Employer to notify

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

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

    (b) ABC to discuss change

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

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

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

8.2 Consultation about changes to rosters or hours of work

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

    (b) The ABC must:

      (i) provide to the employee or employees affected and their representatives,if any,all relevant information about the proposed change,provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the ABC’s interests;

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

      (iii) commence the consultation as early as practicable;and

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

9. Dispute resolution

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

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

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

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

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

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

9.7 Leave of absence to attend proceedings

    Where the provisions of this clause have been complied with but they have failed to resolve the dispute and the matter has subsequently been referred to the Fair Work Commission,an employee who is appointed to accompany or represent another employee pursuant to clause 9.5 will be granted leave of absence to attend the Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 9.2 and will not suffer any loss of pay in respect of that absence.

9.8 Leave of absence to attend courses

    To assist in the resolution of disputes in the ABC an employee representative referred to in 9.5 will be granted leave of absence (without loss of pay) to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the ABC and the specific training course will be agreed between the ABC and the individual employee.

Part 3—Types of Employment

10. Types of employment

This Part 3 does not apply to the Part 10—Actors Stream.

10. Types of employment

10.1 Employees can either be employed on a full-time,part-time or casual basis.

10.2 Full-time employees

10.3 Part-time employees

    (a) A part-time employee is an employee who is employed in a classification under this award for less than the ordinary hours of work for that classification in either Part 8—General Stream or Part 9—Journalists Stream of this award.

    (b) Employees in any Part 8—General Stream or Part 9—Journalists Stream classification may be employed as part-time employees.

    (c) Unless otherwise stated,part-time employees will receive,on a pro rata basis,equivalent pay and conditions to those of a full-time employee. In relation to expense related allowances,the employee will receive entitlements specified in the relevant clauses of this award.

    (d) Proposals for part-time employment may be initiated by the ABC or by an employee. No pressure will be exerted on full-time employees to convert to part-time employment or to transfer to another position to make way for part-time employment.

    (e) Where a part-time work proposal is initiated by an employee,the ABC will have regard to the personal reasons put by the employee in support of the proposal and to the ABC’s operational requirements.

10.4 Hours of work for part-time employees

    (a) The minimum number of consecutive hours of duty of a part-time employee will not be less than four hours on any day.

    (b) Before a full-time employee becomes a part-time employee,the ABC and the employee must agree on the part-time hours of duty and record the agreement in writing (the Agreement). The Agreement will specify:

      (i) For rostered employees:

        (A) the total hours of work to be performed per week or over a rostered cycle.

        (B) Where agreed upon,the hours per day and days per week to be worked over a roster cycle. Where this information is not agreed upon,part-time employees may be rostered for work on any day of the week or cycle and for any number of days and daily hours which can be worked by an equivalent full-time employee.

      (ii) For non-rostered employees:the daily hours of work,including starting and finishing times,to be worked within the span of hours in the relevant Part to this award. The agreement may specify the extent,if any,of flexibility to be applied in the start and finish times on each or any day of the week.

      (iii) The period of part-time employment,including whether the hours of work are to be varied to full-time hours on a specified date,and in the case of full-time employees converting to part-time hours,whether they are eligible to revert to full-time employment in accordance with clause 10.8.

      (iv) A statement acknowledging that:

        (A) a part-time employee may accept or reject the ABC’s request to work some or all additional hours,or overtime,beyond the hours stated in the Agreement;and

        (B) a rejection by the part-time employee to work additional or overtime hours will not prejudice the Agreement.

    (c) The ordinary hours of work of a part-time employee will be continuous. This may be varied with the consent of the employee. An unpaid meal period is not regarded as breaking continuity of work.

    (d) The Agreement may be varied in writing by mutual consent between the ABC and the employee.

10.5 Additional hours and overtime

    (a) A part-time employee may consent to the ABC’s request to perform more than their ordinary hours of work as set out in their Agreement,but will not be required to work daily,weekly or rostered hours of work other than in accordance with the conditions specified in either this award or the Agreement.

    (b) Payment for extra work will be as specified in the following clauses:

      (i) Additional hours worked in accordance with the Part covering the employee which do not exceed the daily,weekly,or cyclic ordinary hours of work of an equivalent full-time employee are to be paid at the employee’s ordinary hourly rate plus a 15% loading in lieu of accrual of sick leave and annual leave;and

      (ii) Additional hours and duty not falling within the ordinary hours of work for the Part which covers the employee is Overtime and is subject to the overtime clause in the relevant Part.

10.6 Public holidays for Part 8—General Stream Employees

    If a public holiday falls on a day,other than a Saturday or Sunday,that is:

    (a) an RDO;or

    (b) a day on which the part-time employee does not ordinarily work the employee is entitled to:

      (i) one day of leave in lieu of that holiday,within one month if practicable,and credited 1/10th of the agreed fortnightly hours;or

      (ii) pay for 1/10th of agreed fortnightly hours if it is not practicable to grant 1 day’s leave in accordance with Part 8—General Stream.

10.7 Public Holidays for Part 9—Journalists Stream Employees

    A part-time employee is to have the agreed number of working days in the Agreement reduced by one in the fortnights in which Christmas Day and Good Friday occur and is entitled to be paid at the rate of double time for all work done on any day in excess of the reduced number of working days.

10.8 Full-time employee conversion and reversion rights

    (a) A full-time employee who has converted to part-time employment for a specified period not exceeding twelve months may,as agreed between the employee and the ABC prior to the conversion in the Agreement,revert to their substantive or an equivalent full-time position as soon as practicable after the end of the specified period.

    (b) Nothing in this clause prevents the ABC from granting reversion rights after a second or subsequent period of part-time employment,or initially agreeing to part-time employment for a period longer than twelve months.

10.9 Casual employees

Part 4—Termination of Employment

11. Termination of employment

12. Redundancy

11. Termination of employment

11.1 This clause does not apply to Part 10—Actors Stream employees.

11.2 Notice of termination is provided for in the NES. However,where the ABC terminates the employment of an employee (other than a casual employee) because of the redundancy of their position,the ABC will give the employee four weeks’notice (or five weeks’if they have more than five years continuous service and are over 45 years old) or payment in lieu.

11.3 Notice of termination by an employee

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

11.4 Job search entitlement

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

12. Redundancy

12.1 Redundancy pay is provided for in the NES,except as altered by clause 12.2 below.

12.2 Rate of payment—redundancy pay

    For the purposes of calculating any payment under this clause,“salary”will include the following amounts:

    (a) the employee’s full-time salary,adjusted on a pro rata basis for periods of part-time service;and

    (b) for an allowance to be included as salary for redundancy pay purposes it will have been paid during periods of annual leave and on a regular basis and not be a reimbursement for expenses incurred or a payment for disabilities associated with the performance of a duty.

    (c) additional payments for the performance of duties at a higher classification level (HDA) are to be included in salary where the employee has been performing duties at the higher classification level for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of termination.

    (d) shift penalties are to be included in salary where the employee has undertaken shiftwork and is entitled to shift penalties for 50% or more of the pay periods in the 12 months prior to the date of notification. The employee is entitled to have the weekly average of the penalties payable over the 12 months immediately preceding the date on which the employee is given notice of termination included in salary.

12.3 Transfer to lower paid duties

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

12.4 Employee leaving during notice period

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

12.5 Job search entitlement

    (a) The ABC will allow an employee whose employment is terminated by reason of Redundancy reasonable time off during the notice period under clause 11.2 to seek other employment.

    (b) This entitlement applies instead of clause 11.4.

Part 5—Minimum Wages and Related Matters

13. Minimum wages

14. Superannuation

13. Minimum wages

Minimum wages are set out in Parts 8–10.

14. Superannuation

14.1 This clause only applies to employees in Part 8—General Stream and Part 9—Journalists Stream. The Superannuation for Part 10—Actors Stream employees are contained in that Part.

14.2 Superannuation legislation

    (a) Superannuation legislation,including the Superannuation Guarantee (Administration) Act 1992 (Cth),the Superannuation Guarantee Charge Act 1992 (Cth),the Superannuation Industry (Supervision) Act 1993 (Cth),the Superannuation Benefits (Supervisory Mechanisms) Act 1990,the Superannuation (Resolution of Complaints) Act 1993 (Cth),the Superannuation Act 1976,the Superannuation (Productivity Benefit) Act 1988,the Superannuation Act 1990 and the Superannuation Act 2005 deals with the superannuation rights and obligations of the ABC and its employees.

    (b) If an employee is a member of the Commonwealth Superannuation Scheme,the Public Sector Superannuation Schemes,the Public Sector Superannuation Accumulation Plan or covered by the Superannuation (Productivity Benefit) Act 1988 their employer superannuation contributions will be in accordance with the relevant legislation relating to those arrangements.

Part 6—Hours of Work and Related Matters

No table of contents entries found.

Hours of work and associated allowances are set out in Part 8—General Stream,Part 9—Journalists Stream and Part 10—Actors Stream.

Part 7—Leave and Public Holidays

15. Application of Part

16. Personal/carer’s leave and compassionate leave

17. Parental leave

18. Community service leave

19. Cashing out of annual leave

15. Application of Part

This Part does not apply to Part 10—Actors Stream employees or to casual employees.

16. Personal/carer’s leave and compassionate leave

16.1 NES

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

16.2 Pay while on personal/carers leave and compassionate leave

    Paid personal/carer’s leave and compassionate leave will be paid at the employee’s ordinary hourly rate,including any higher duties allowance the employee would ordinarily receive.

16.3 Additional sick leave

    An employee will be entitled to:

    (a) except for Part 9—Journalists Stream,three additional days sick leave in each year of service,which does not accumulate;and

    (b) ten half days sick leave in each year of service,which does accumulate.

16.4 Additional personal leave for Part 9—Journalists Stream

16.5 Extended use of personal leave

    An employee is entitled to take:

    (a) up to one day’s personal/carer’s leave as bereavement leave on each occasion of the death of a member of the employee’s immediate family or household –in addition to NES entitlements;

    (b) up to 5 days personal/carer’s leave per year for:

      (i) compassionate reasons;

      (ii) moving house;or

      (iii) ceremonial leave for employees of Aboriginal or Torres Island descent.

17. Parental leave

Parental leave and adoption leave are provided for in the NES and,in the case of maternity leave,the Maternity Leave (Commonwealth Employees) Act 1973 (Cth).

18. Community service leave

Community service leave is provided for in the NES.

19. Cashing out of annual leave

19.1 Paid annual leave must not be cashed out except in accordance with an agreement under clause 19.

19.2 Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 19.

19.3 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.

19.4 An agreement under clause 19 must state:

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

    (b) when the payment is to be made.

19.5 An agreement under clause 19 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.

19.6 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.

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

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

19.9 The employer must keep a copy of any agreement under clause 19 as an employee record.

Part 8—General Stream

20. Classifications and rates of pay

21. Facilitative provisions

22. Hours of duty

23. Penalty rates

24. Overtime

25. Annual leave

26. Additional annual leave

27. Public holidays

28. Travel

20. Classifications and rates of pay

[Varied by PR592457,PR606473,PR707590]

20.1 Duties

    Employees will perform such duties as required within the limits of the employee’s skill,competence and training,and classification,provided that such duties are not designed to promote deskilling.

20.2 Classifications and rates of pay

    (a) The rate of pay for each employee will be no less than the Annual Award Rate of pay in respect of their classification as set out in the table in clause 20.5.

    (b) Employees who are employed at the date this award comes into force or the date this clause/minimum rates conversion variation comes into force will be paid no less than the Annual Award Rate in respect of the classification and increment level they occupied at that time,as set out in clause 20.5.

    (c) Existing employees who,as at the date this Award comes into force,are in the following classifications:

      (i) Production Support Officer TV

      (ii) TOPO

      (iii) Producer

      (iv) Broadcaster

      will have access to incremental increases subject to the following:

      Progression for the classifications referred to in 20.2(c) shall be by annual competency based increments in accordance with clause 20.4 having regard to the acquisition and utilisation of skills and knowledge through experience in his or her classification at the relevant level,strand or grade over such period.

    (d) Junior rates

      Employees who are less than 21 years of age and who are employed in under the following classification:

      (i) Administrative Officer level 1 will be paid a minimum annual rate of salary by applying the percentages specified below to the Properly Fixed Minimum Rate (or Total Award Rate,for employees employed at the date this clause comes into force) for the relevant classification in Part 8—General Stream.

      Age of employee

      Percentage of minimum salary

      Under 17 years

      50

      At 17 years

      60

      At 18 years

      70

      At 19 years

      81

      At 20 years

      91

      (ii) Broadcast Engineering Trainees who are less than 21 years of age,will be paid a rate of salary calculated to the nearest dollar as the appropriate percentage in the table below of the Annual Award Rate payable for that classification in clause 20.5.

      Age of employee

      Percentage of minimum salary

      Under 18 years

      60

      At 18 years

      70

      At 19 years

      81

      At 20 years

      91

20.3 Work level standards

    Assessment of the appropriate job classification structures and levels will be in accordance with the relevant Work Level Standards (“WLS”). The WLS contain job classification standards for those job classifications covered by this Part. Any proposed variation to the WLS will be the subject of consultation between the ABC and the relevant union. The parties will deal with any dispute consistent with clause 9Dispute resolution.

20.4 Conditions for advancement

    (a) The competency based advancement of the following classifications will be in accordance with the Procedures for the Advancement of Employees:

      (i) Broadcaster;

      (ii) Production Support Officer (TV);

      (iii) TOPO;and

      (iv) Producers.

    (b) The Procedures for the Advancement of Employees contain assessment structures and procedures for the advancement of Employees who fall within the classifications listed in 20.4(a). Any proposed variation to the Procedures for the Advancement of Employees will be the subject of consultation between the ABC and the relevant union. The parties will deal with any dispute consistent with clause 9Dispute resolution.

    (c) Boards of Reference may be established to determine disputed assessments where provided for in the Procedures for the Advancement of Employees.

20.5 Rate of pay

[20.5 varied by PR592457,PR606473,PR707590 ppc 01Jul19]

    Classification

    Annual award rate

    $

    Announcer

    48,431

     

    48,769

     

    51,542

    Engineer:Class 1

    48,528

    Engineer:Class 2

    60,795

    Engineer:Class 3

    67,913

    Engineer:Class 4

    75,863

    Legal Officer

    49,411

    Senior Legal Officer

    71,325

    Librarian Class 1

    47,674

    Librarian Class 2

    57,567

    Sports Broadcaster:Grade 1

    43,458

    Sports Broadcaster:Grade 2

    53,984

    Sports Broadcaster:Grade 3

    58,927

    Broadcast Engineer Officer 1

    52,619

    Broadcast Engineer Officer 2

    58,376

    Broadcast Engineer Officer 3

    62,189

    Broadcast Engineer Officer 4

    64,081

    Broadcast Engineer Officer 5

    67,193

    Broadcast Engineer Officer 6

    69,720

    Broadcast Engineer Officer Trainee

    46,301

    Cadet Engineer

    38,522

    Costume Maker:Grade 1

    42,808

    Costume Maker:Grade 2

    44,348

    Costume Maker:Grade 3

    45,897

    Designer’s Assistant

    47,974

    Assistant Designer

    55,905

    Designer

    58,877

    Senior Production Designer

    62,202

    Senior Designer,Grade 1 Victoria

    65,931

    Senior Designer,Grade 2 Head Officer

    68,510

    Drafting Assistant:Grade 2

    47,974

    Senior Drafting Officer

    58,877

    Executive Producer:Grade 1

    68,807

    Executive Producer:Grade 2

    77,231

    Co-ordinator,TV Drama

    84,052

    Graphics Designer

    55,905

    Photographer:Grade 1

    48,019

    Photographer:Grade 2

    53,901

    Photographer:Grade 3

    59,612

    Senior Photographer

    63,008

    Producer:Grade 1

    53,311

     

    54,385

     

    55,421

     

    56,458

     

    57,531

    Producer:Grade 2

    58,450

     

    59,504

     

    60,575

    Producer:Grade 3

    61,513

     

    62,551

     

    63,572

    Producer:Grade 4

    64,630

     

    65,680

     

    66,736

    Producer:Grade 5

    68,807

     

    70,937

     

    73,013

    Producer:Merit

    77,231

     

    79,304

    Supervisor,TV Transmission:Vic,Qld,SA,WA and Tas

    67,807

    Television Assistant:1

    43,640

    Television Assistant:2

    46,155

    Television Assistant:3

    47,027

    Television Assistant:4

    48,812

    Senior Television Assistant (Prod Operations)

    51,353

    Television Lighting Electrician

    48,431

    Senior Television Lighting Electrician

    51,831

    Transmission Officer (TV)

    60,850

    Administrative Officer 1

    41,831

    Administrative Officer 2

    45,751

    Administrative Officer 3

    49,826

    Administrative Officer 4

    53,231

    Administrative Officer 5

    56,481

    Administrative Officer 6

    57,271

    Administrative Officer 7

    67,582

    Administrative Officer 8

    71,102

    Assistant Shop Manager 1

    45,751

    Assistant Shop Manager 2

    47,909

    Assistant Shop Manager 3

    50,781

    Assistant Shop Manager 4

    51,564

    Broadcaster Level 1

    45,751

     

    46,514

     

    47,279

    Broadcaster Level 2

    47,909

     

    50,781

     

    52,511

     

    55,396

     

    57,499

    Broadcaster Level 3

    59,393

     

    61,288

    Broadcaster Level 4

    63,319

     

    65,414

     

    66,499

    Broadcaster Level 5

    67,582

     

    68,664

     

    69,750

     

    71,102

     

    72,456

    Broadcaster Level 6

    73,809

     

    75,164

     

    77,638

     

    77,870

     

    79,913

    Broadcaster Level 7

    82,210

    Building and Services Officer 1

    40,556

    Building and Services Officer 2

    43,109

    Building and Services Officer 3

    46,514

    Building and Services Officer 4

    50,781

    Building and Services Officer 5

    53,231

    Building and Services Officer 6

    56,481

    Building and Services Officer 7

    61,288

    Design and Development Officer 1

    45,751

    Design and Development Officer 2

    52,511

    Design and Development Officer 3

    58,376

    Design and Development Officer 4

    64,332

    Design and Development Officer 5

    72,456

    Information Technologist 1

    51,564

    Information Technologist 2

    59,393

    Information Technologist 3

    67,582

    Information Technologist 4

    75,164

    Information Technologist 5

    82,210

    Make Up Artist Trainee

    44,984

    Make Up Artist 1

    46,514

    Make Up Artist 2

    51,564

    Make Up Artist 3

    57,499

    Production Support Officer Level 1

    45,751

    Production Support Officer Level 2 –Strand 1

    49,826

    Production Support Officer Level 2 –Strand 2

    50,781

    Production Support Officer Level 2 –Strand 3

    51,564

    Production Support Officer Level 3 –Strand 1

    52,511

    Production Support Officer Level 3 –Strand 2

    53,231

    Production Support Officer Level 3 –Strand 3

    54,316

    Production Support Officer Level 4 –Strand 1 (Merit level)

    55,396

    Production Support Officer Level 4 –Strand 2 (Merit level)

    56,481

    Production Support Officer Level 4 –Strand 3 (Merit level)

    57,499

    Production Support Officer Level 5 –Strands 1,2 &3 (Merit Level)

    58,376

    Production Support Officer Level 6 –Strand 1 (Merit Level)

    62,302

    Production Support Officer Level 7 –Strand 4 (Merit Level)

    64,332

    Professional Officer (R&D) 1

    45,751

    Professional Officer (R&D) 2

    52,511

    Professional Officer (R&D) 3

    59,393

    Professional Officer (R&D) 4

    66,499

    Professional Officer (R&D) 5

    73,809

    Professional Officer (R&D)6

    79,913

    Property Officer 1

    41,831

    Property Officer 2

    43,916

    Property Officer 3

    46,514

    Property Officer 4

    48,865

    Property Officer 5

    50,781

    Technical Services Officer 1

    45,751

    Technical Services Officer 2

    52,511

    Technical Services Officer 3

    58,376

    Technical Services Officer 4

    64,332

    Technical Services Officer 5

    69,750

    Sales Assistant

    43,916

    Scenic Workshop Officer 1

    46,514

    Scenic Workshop Officer 2

    50,781

    Scenic Workshop Officer 3

    53,231

    Scenic Workshop Officer 4

    57,499

    Broadbanded TOPO 1

    45,751

     

    46,514

     

    47,909

    Broadbanded TOPO 2

    48,865

     

    49,826

     

    51,564

     

    52,511

     

    53,231

    Broadbanded TOPO 3

    53,320

     

    56,481

     

    57,499

     

    58,376

     

    59,393

    Broadbanded TOPO Merit

    61,288

     

    62,302

     

    64,332

     

    65,414

     

    67,582

    TOPO Technical Producer

    61,288

    TOPO Senior (BAPH)

    57,499

    TOPO Senior (NSW/Vic)

    61,288

    TOPO Shift Senior

    57,499

    TOPO Shift Supervisor

    61,288

    TOPO Technical Producer/ Lighting Director

    61,288

    Senior TOPO

    68,664

    Senior TOPO Merit

    71,102

    Extended Range TOPO

    75,164

   

21. Facilitative provisions

21.1 A facilitative provision is one which provides that the standard approach in an award provision may be departed from by agreement between the ABC and the relevant union and/or an employee,or the majority of employees,in the enterprise or workplace concerned.

21.2 In addition to facilitative provisions in clause 7,there are the following special facilitative provisions for broadcasters:

    (a) By agreement in writing between the ABC and a Broadcaster classified at level 5 or above,a Broadcaster may be paid a loading of not less than 25% for a period of twelve months in lieu of the terms and conditions prescribed in clauses 22,23,24 and 28.1(a). Such agreement must specify the circumstances and the dates of operation of the agreement.

    (b) By agreement in writing between the ABC and a Broadcaster,a Broadcaster may be paid a loading of not less than 50% for a period of less than twelve months in lieu of the terms and conditions prescribed in clauses 22,23,24 and 28.1(a). Such agreement must specify the circumstances and the dates of operation of the agreement.

    (c) Broadcasters who are in receipt of an annual salary of 150% of the Properly Fixed Minimum Rate for Broadcaster 7 or more shall be automatically exempt from clauses 22,23,24 and 28.1(a) and can,by agreement between the Broadcaster and the ABC,be exempted from clauses 20.3,20.4,and 28.

22. Hours of duty

22.1 General

    (a) A non-rostered employee is an employee whose hours of ordinary duty are:

      (i) For Division 2 General Employees—within the span of 8:00 a.m. to 6:00 p.m. Monday to Friday and 8:00 a.m. and 1:00 p.m. Saturday;and

      (ii) For TSOs who are treated as non-rostered employees –within the span of 7:00 a.m. to 6:00 p.m. Monday to Friday and 7:00 a.m. and 1:00 p.m. Saturday.

    (b) A rostered employee is an employee who is not a non-rostered employee.

22.2 Non-rostered employees—hours of duty

    (a) The ordinary weekly hours of non-rostered employees are:

      (i) For Division 2 General Employees—36¾ hours (but the employee may be required to work up to 38 hours within the span of hours in 22.1(a) before qualifying for overtime,although only in the very limited circumstances set out in the clause 24—Overtime);

      (ii) For TSOs who are treated as non-rostered employees –38 hours.

    (b) The hours of duty of non-rostered employees are arranged as follows:

      (i) commencing and finishing times (within the span of hours set out in 22.1(a)) as may be determined by the ABC;and

      (ii) standard days of:

        (A) 7 hours 21 minutes,or in the case of non-rostered TSOs 7 hours 36 minutes,for non-rostered employees whose ordinary hours of duty are confined to five days of the week;and

        (B) 6 hours 45 minutes each weekday and 3 hours on Saturday for non-rostered employees whose ordinary hours of duty are performed on six days of the week,

        subject to the provision in 22.2(a)(i).

22.3 Rostered employees

    (a) Hours of duty

      (i) The ordinary hours of duty of rostered employees shall not exceed 38 hours per week,or 76 hours per fortnight or 114 hours over a three week cycle,subject to the following:

        (A) the ordinary hours of duty of:

          •Administrative Officers (D) are 72 hours,

          •Sales Assistant are 73½ hours,and

          •other Division 3 General Employees are 76 hours

        over a two week cycle;

        (B) Broadcasters are rostered over a two week cycle;and

        (C) The ordinary hours of a Broadcaster who,immediately prior to translation to the Broadcaster structure occupied a Broadcaster Officer Radio Category B2 to B8 position in the International Division are 36 hours per week. Any reference to 38 hours in the award shall in their case be read as a reference to 36 hours.

      (ii) These hours of duty may be adjusted to take into account variations arising from the operation of 22.3(d).

      (iii) The ordinary hours of duty prescribed in this subclause may be rostered on any day,Monday to Sunday inclusive.

    (b) Span of hours

      The ordinary hours of duty of an employee shall be performed within the span of hours as follows:

    Division 3 General Employees

    8 hours within a span of 10 hours,(and for hours worked outside of the span of 10 hours,which are not paid as overtime,the employee will be paid 50% in addition to their ordinary rate of pay);

    Division 4 General Employees

    8 hours within a span of 9 hours;

    Broadcasters

    between 4 hours and 11 hours (including meal breaks) with no breaks other than meal or crib breaks with the exception of broken shifts worked in accordance with clause 22.3(c).

    TSOs

    no specified daily hours,but for hours worked beyond 12 hours in a day (broken or unbroken shifts),which are not paid as overtime,the employee will be paid 100% of their ordinary rate of pay in addition to their ordinary rate of pay;

    TOPOs

    8 hours within a span of 9 hours.

    (c) Stretch of shift:special broadcaster broken shift provisions

      (i) A Broadcaster involved in the recording and/or live broadcast of performances of live music,other than a broadcaster whose functions involve a significant operational role,may be required to perform broken shifts,where the performance of the broken shifts are necessary for the successful recording or live broadcast of a particular performance.

      (ii) No period of duty performed in accordance with this sub-clause shall count as less than three hours,subject to the following provisos:

        (A) where three calls are made on a day,one of those calls,if for a period of two hours or less,shall count as two hours;and

        (B) where,on any day less than two hours off duty is given between the time of ceasing duty on one broken shift and the time of commencing duty on the next broken shift,the intervening period between the two calls shall count as time worked.

    (d) Arrangement of hours of duty and additional day off

      (i) This clause applies to all rostered employees other than:

        (A) Broadcasters,but the ABC may reach an agreement with a defined group of Broadcasters or an individual Broadcaster to arrange hours to facilitate an ADO;

        (B) Part-time employees;

        (C) Announcers;

        (D) Production Support Officers designated as a Production Manager,Senior Production Manager,Researcher,Researcher Merit,Senior Researcher,Research Co-ordinator or Unit Manager;

        (E) Administrative Officers (D);

        (F) Sales Assistants;and

        (G) Assistant Shop Managers.

      (ii) Over a four week period employees will be rostered to work up to nineteen days of up to 8 hours per day. This system of rostering generates an additional day off (“ADO”),which is additional to the days off provided in 22.4(b).

    (e) Observance of ADOs

      (i) Only in exceptional circumstances shall an employee not be permitted to take an ADO during the period it accrues.

      (ii) Where special circumstances exist,the ABC may allow an employee to accumulate ADOs up to a maximum of three days.

    (f) Substitute days

      (i) The ABC may substitute the day to be taken as an ADO provided that notice is given before the time of ceasing duty on the previous day (or,if the person was not on duty the previous day,at least 24 hours prior to the ceasing time of rostered duty on the day of requirement).

      (ii) An individual employee,with the agreement of the appropriate supervisor,may substitute the day to be taken as an ADO for another day.

    (g) Work on an ADO

      Unless a substitute day is granted in accordance with clause 22.3(f) work performed on an ADO will be paid for at the appropriate overtime rates.

22.4 Rosters and changes in rosters

    (a) Rosters

      Rosters specifying the starting and finishing times of the ordinary hours of work,Rostered days off and where possible,rostered overtime must be displayed seven days in advance of the roster coming into operation. The following roster conditions also apply:

      (i) Broadcasters and TOPOs:the rosters shall also specify the meal periods;

      (ii) Administrative Officers (D):the rosters will be provided 9 days in advance of the commencement of the cycle;

      (iii) Administrative Officers (D),other than an Administrative Officer (D) performing relief duties,may be required to work alternating shifts which will be worked within similar starting and finishing times on at least four days in each week;and

      (iv) In the case of Administrative Officers (B),Building and Services Officers (B) and Sales Assistants rosters will be displayed nine days in advance if possible.

    (b) Rostered days off

      (i) A Rostered day off (“RDO”) is a day (24 hours) during which an employee is not required to attend for duty or to hold themselves available for duty.

      (ii) RDOs shall be granted on a roster as follows:

      Length of roster cycle

      Rostered days off

      One week

      2

      Two weeks

      4

      Three weeks

      6

      (iii) For Broadcasters:

        (A) At least two RDOs in a cycle are to be consecutive.

        (B) Where a single RDO is given,that day must commence from the end of eleven hours after the time the employee ceased duty. This may be reduced to six hours if the break prior to another free day or days within the shift cycle is increased by an offsetting amount.

        (C) Where two or more consecutive RDOs are given,those RDOs must commence from the end of eight hours after the time the employee ceased duty.

        (D) Where an employee is required to work on a day which was designated as a RDO,a substitute RDO shall be granted within the same or next succeeding shift cycle.

        Further,the substitute RDO shall,wherever practicable,be granted so that it is consecutive with another RDO or at a time which is convenient to the employee.

        (E) An employee who is not given any of the clear days by any of the methods provided for in this clause shall be paid overtime for those days.

      (iv) For employees other than Broadcasters:

        (A) When an RDO is given,an additional period of 11 hours should be provided between the time at which the employee finishes their ordinary hours of duty and the commencement of the 24 hours of the RDO.

        (B) This additional period may be reduced to as little as 6 hours if the additional period for another RDO in the cycle is commensurately longer. If the reduction cannot be offset in the cycle in this way,the employee is to be paid at the rate of time and a half for the hours which have not been offset.

        (C) If the additional period is less than 6 hours,the gap between the actual time granted and 6 hours must be paid for at the rate of time and a half.

    (c) Meal and crib times

      (i) Meal periods shall not be of less than 30 minutes and not more than 60 minutes. Crib times,counting as time on duty,shall be of less than 30 minutes but not less than fifteen minutes.

      (ii) Meal periods shall be allowed as far as practicable between the hours of:

        ●7.00 a.m. and 9.00 a.m.

        ●Noon and 2.00 p.m.

        ●5.00 p.m. and 7.00 p.m.

        ●Midnight and 1.00 a.m.

      (iii) Two meal periods shall not be given unless the shift covers two of the above specified meal times. If two meal periods are given on any day,they must not exceed 60 minutes in total.

      (iv) No meal period shall be given within one hour of the starting or finishing time of a shift.

      (v) The maximum period of duty without either a meal period or a crib break:

        (A) should be 6 hours for Division 3 and Division 4 General Employees and,if the employee continues work beyond 6 hours without a meal or crib break,the employee must be paid 50% additional for a period of not more than 30 minutes;

        (B) should be 5.5 hours for TOPOs and,if the employee continues work beyond 5.5 hours without a meal or crib break,must be paid 50% additional until the employee is given a break or until the end of the employee’s shift;and

        (C) must be 5 hours for Broadcasters.

    (d) Minimum breaks between duty

      (i) An employee shall be granted the following periods off duty between finishing on one shift (the initial period of duty) and starting on the next shift (the second period of duty):

      Division 3—General Employees

      11 hours,except by arrangement

      Division 4—General Employees

      11 hours,except by arrangement

      Broadcasters

      10 hours

      TSOs

      8 hours plus reasonable travelling time to and from the place of employment

      TOPOs

      11 hours

      (ii) If an employee is required to resume or continue duty and no arrangement has been made in accordance with clause 22.3(d)(i) irrespective of whether the initial period of duty was ordinary or overtime duty,without having had the required break,the employee shall,for the second period of duty,in the case of a:

        (A) Division 3 or Division 4 General Employee be paid an additional rate of 50% for all ordinary duty performed within the 11 hour period provided that no payment is made where a “midnight to dawn penalty”for that same period is payable;

        (B) Broadcaster be paid at the rate of double time until released from duty;

        (C) TSO be paid at the rate of double time until released from duty and then shall be entitled to be absent for eight consecutive hours off duty without loss of pay for ordinary working time occurring during the absence;and

        (D) TOPO be paid an additional 50% for all ordinary duty performed within the 11 hour period.

    (e) Change of shift and rostered days off

      An employee must be given the following periods of notice of a change in a rostered shift or RDO:

      (i) Administrative Officer (D):72 two hours’notice;

      (ii) Division 4 General Employee,Administrative Officer (C),Building and Service Officer (B) and Sales Assistant:72 two hours’notice,if possible,but no later than prior to completion of duty on previous shift;

      (iii) Broadcaster who performs duty on fixed shifts,i.e. shifts that have their hours set and/or rotate on a predetermined cycle:where the change is due to absence of an employee,or unforeseeable circumstances beyond the control of the ABC,as much notice as possible of the change but no later than the time the employee finishes work on the previous shift or,if the employee is off duty,no less than 24 hours before the shift is due to start. The notice period may be changed by mutual consent;

      (iv) Broadcaster who performs duty on other than fixed shifts:7 days prior to the commencement of the shift or RDO except that where the change is due to the sickness or absence of an employee,as much notice as possible of the change but no later than the time the employee finishes work on the previous shift or,if the employee is off duty,no less than 24 hours before the shift is due to start. The notice period may be changed by mutual consent;

      (v) TSO:7 days prior to the commencement of the roster unless the change is due to the sickness or absence of another employee;and

      (vi) TOPO:72 hours’notice of a change in the RDO,unless the change is because of the unexpected sickness or absence of another employee in which case notice must be given prior to completing duty on the previous shift. Changes in the variation of the next rostered shift must be notified before completing duty on the previous shift.

    (f) Change of shift and RDO—insufficient notice

      The following provisions apply to changes in shift and RDO:

      (i) Administrative Officers (D),Administrative Officers (B),Building and Services Officers (B),Division 4 General Employees and TOPOs (other than those undertaking Distant Assignments in accordance with clause 28.2 who do not receive the period of notice prescribed by clause 22.4(e) for a change of shift,who works on a shift which has replaced a rostered shift,subject to the difference between the commencing or finishing times of the two shifts being not less than a period of 3 hours,payment at the rate of ordinary time plus 50% must be made for that part of the new shift which occurs outside the limits of the original shift.

      (ii) Administrative officers (B),Building and Services Officers (B),Division 4 General Employees and TOPOs who do not receive the period of notice prescribed by clause 22.4(e) for a cancellation of an RDO and is given another day off in lieu,the employee must be paid at the rate of ordinary time plus 50% for all time worked on the day that was originally rostered off.

      (iii) Broadcasters who do not receive the period of notice prescribed by clause 22.4(e) must be paid at the appropriate overtime rate for those hours worked outside the originally rostered hours of work. This rate must continue to be paid for the change of shift until the employee has received the period of notice of the change prescribed by this clause. If a Broadcaster,after starting work on a rostered shift on any day,is instructed to stop work and complete the rostered hours later in the day,no deduction may be made from the employee’s ordinary day’s pay in respect of the break in duty. For all time then worked subsequent to the ordinary rostered time of finishing work,the Broadcaster must be paid at the appropriate overtime rate for that day.

      (iv) TSOs who do not receive the period of notice prescribed by clause 22.4(e) must be paid at the appropriate overtime rate for time worked outside the rostered hours of work and the ordinary rate for duty which falls within the normal rostered hours. This penalty rate is in substitution for any penalties which would otherwise apply to that portion of the time worked which falls outside the normal rostered shift. Payment of penalty rate on this basis is to be continued for each change of shift until such time as the TSO has received 7 days’notice of change of shift.

    (g) Extension of shift without notice

      An Administrative Officer (D),Administrative Officer (B),a Building and Services Officer (B),a Division 4 General Employee or a TOPO who is required to perform ordinary duty after the completion of rostered duty on any day and notice of that requirement was not given before the time of ceasing duty on the previous day (or,in the event of not being on duty on the previous day,at least 24 hours prior to the ceasing time of rostered duty on any day of the requirement),payment shall be made rate of 50% additional for duty performed after the completion of the rostered duty.

    (h) Exchange of shifts

      Employees shall be allowed to exchange shifts,with the approval of the ABC,but such exchange shall not result in the ABC paying any additional penalties purely as a result of such change.

23. Penalty rates

23.1 Monday to Friday shift penalty

    An employee who is rostered to perform and performs ordinary duty on a shift,any part of which falls between the hours of 6.00 p.m. and 6.30 a.m.,Monday to Friday,shall be paid an additional fifteen per cent of his or her salary for that shift.

23.2 Continuous late shifts

    An employee who is rostered to perform and performs ordinary duty for at least four consecutive weeks on a shift falling wholly within the hours of 6.00 p.m. and 8.00 a.m. shall be paid an additional 30 per cent of his or her salary for each Monday to Friday shift during that period,in lieu of the penalty payment prescribed in 23.1.

23.3 Saturday

    As specified in the table below,employees who perform duty on Saturday shall be paid the specified percentage of their ordinary rate of pay in addition to the relevant ordinary or overtime payment for that duty:

    Classification

    Duty

    Rate

    Division 2

    Ordinary duty

    40%

    Division 3

    All duty (ordinary or overtime)

    50%

    Division 4

    All duty (ordinary or overtime)

    50%

    Broadcaster

    Ordinary duty

    50%

    TSO

    Ordinary duty

    50%

    TOPO

    All duty (ordinary or overtime)

    50%

23.4 Sunday

    An employee who is rostered to perform ordinary duty on a Sunday shall be paid 100 per cent additional to the ordinary rate of pay for all ordinary duty performed.

23.5 Midnight to dawn

    An employee in one of the classifications listed below who is rostered to perform ordinary duty between midnight and 6.00 a.m. on any day other than Saturdays,Sundays or public holidays will be paid the respective percentage of their ordinary rate of pay additional to the ordinary rate of pay for all ordinary duty performed.

    50%

    20%

    Division 4 General Employees receive 50%,except for

      Broadcasting—Engineer Officer,

      Broadcasting—Engineer Trainee,

      Senior Drafting Officer and

      Drafting Assistant

    Announcer

    Administrative Officer (D)

    Broadcasting Engineer Officer,

    Broadcasting Engineer Trainee

    TOPO

23.6 Public holiday

    Payment shall be made at the rate of 150% additional to the ordinary rate of pay for all time of ordinary duty performed on a public holiday by a rostered or non-rostered employee.

23.7 Limitation on rates of payment for broadcasters

    In the case of Broadcasters the payments contained in clauses 23—Penalty rates and 24—Overtime,are calculated on the basis of the rate of pay of the employee under this award unless the employees rate of pay under this award is in excess of the Annual Award Rate for a Broadcaster 5 in which case the payments are calculated on the Annual Award Rate for a Broadcaster 5.

23.8 Limitation on rate of payment

    No payments made under the provisions of this award shall exceed in total the rate of double time,except in the case of payments made in respect of duty performed on a public holiday,in which case payments shall not exceed in total two and a half times the salary rate.

23.9 Penalty payments not cumulative

    Penalties under this clause are non-cumulative. Employees are to be paid the highest of the penalties they are entitled to under this clause for the time worked.

24. Overtime

24.1 General

    Overtime duty is duty performed:

    (a) by a non-rostered employee working five days per week:

      (i) Outside of the Monday to Friday span of hours specified in clause 22.1(a).

      (ii) For Division 2 General Employees,between 8:00 a.m. and the normal commencing time on any day,Monday to Friday,where the employee performs duty prior to 8:00 a.m. and continues on to complete a normal day’s duty on that day;

      (iii) For Division 2 General Employees,between 8:00 a.m. and 6:00 p.m. on any day,Monday to Friday,where the employee performs duty after 6:00 p.m. on that day continuing on from their normal day’s duty;

      (iv) Other than as specified in clauses 24.2(b)(ii) and 24.2(b)(iii) in excess of 38 hours per week,within the Monday to Friday span of hours in clause 22.1(a).

      (v) on a Saturday or Sunday.

24.2 Reasonable Hours and Overtime

    (a) Subject to clauses 24.2(b) and (c) the ABC may require an employee to work reasonable overtime at overtime rates.

    (b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

      (i) any risk to employee health and safety;

      (ii) the employee’s personal circumstances including any family responsibilities;

      (iii) the needs of the workplace or enterprise;

      (iv) the notice (if any) given by the ABC of the overtime and by the employee of his or her intention to refuse it;and

      (v) any other relevant matter.

    (c) By a non-rostered employee working six days per week:

      (i) Outside of the span of hours in 22.1(a);

      (ii) For Division 2 General Employees,between 8:00 a.m. and the normal commencing time on any day where the employee performs duty prior to 8:00 a.m. and continues on to complete a normal day’s duty on that day;

      (iii) For Division 2 General Employees,between 8:00 a.m. and 6:00 p.m. on any day,Monday to Friday,where the employee performs duty after 6:00 p.m. on that day continuing on from their normal day’s duty;

      (iv) For Division 2 General Employees,between 8:00 a.m. and 1:00 p.m. on Saturday where the employee performs duty after 1:00 p.m. on that day continuing on from their normal day’s duty;and

      (v) Other than as specified in 24.2(b)(ii),24.2(b)(iii) and 24.2(b)(iv) in excess of 38 hours per week,within the span of hours in 22.1(a);

      (vi) on a Sunday.

    (d) by a Division 3 General Employee,Division 4 General Employee or TOPO in excess of 8 hours on a day or in excess of the weekly,fortnightly or three week cycle of hours;

    (e) by a Broadcaster in excess of the rostered shift or in excess of 11 hours on a day;

    (f) by a TSO in excess of the rostered shift on a day;and

    (g) by an employee which is otherwise described in this award as overtime.

24.3 Overtime rates

    Overtime duty,unless otherwise provided in this Part,is paid at the rate of:

    (a) Monday to Friday

    Division 2,3 and 4 employees

    Time and a half

    Broadcaster,TSO and TOPO

    Time and a half for the first three hours and double time thereafter

    (b) Saturday

    Division 2 General Employees

    Time and a half for the first three hours and double time thereafter

    Division 3 and Division 4 General Employees and TOPOs

    Time and a half

    Broadcasters and TSOs

    Double time

    (c) Sunday

      ●Sunday—Double time

    (d) Public holiday

      ●Public holiday—Double time and a half

24.4 Overtime special broadcaster conditions

    (a) Where a Broadcaster is required to perform an additional shift continuous with the rostered shift,and,provided that at least five hours of the additional shift is worked,then payment shall be made for the extra hours worked on the additional shift at double time.

    (b) Any overtime performed by a Broadcaster between midnight and 6.00 a.m. Monday to Friday shall be paid at the rate of double time.

    (c) A Broadcaster who starts work before 6.00 a.m. on three or more days in any one week other than for reasons of the employee’s convenience,shall be entitled to daily overtime after nine hours from the time of commencing duty and shall be paid at the rate of time and a half for the first three hours and thereafter at the rate of double time.

24.5 Overtime—general conditions of payment

    (a) Payment for overtime shall be subject to the following conditions:

      (i) the overtime is worked by the prior direction of,or is subsequently approved by,the ABC,

      (ii) an employee’s salary for the purpose of computation of overtime shall include higher duties allowance and/or any allowance in the nature of salary;

      (iii) the hourly rate of payment to be used in the calculation of overtime is determined by applying the following formula:

      Annual Salary under this award

      X

      6

      313

       

      prescribed weekly hours before overtime is payable

        For the application of the formula,prescribed weekly hours before overtime is payable are 38 for all employees,except in the calculation of overtime payments for:

        ●Sunday overtime for Division 2 General Employees in which case they are 36.75;

        ●Administrative Officers (D) in which case they are 36;

        ●Sales Assistant in which case they are 36.75;and

        ●Broadcasters referred to in clause 22.3(a)(i)(C),in which case they are 36.

    (b) Except with the approval of the Managing Director of the ABC an employee (including a Part-time Employee) shall not be entitled to overtime payments if they are employed in a position for which the Annual Award Rate is greater than the Annual Award Rate of a Professional Officer (R&D) level 4. However,this exclusion does not apply to:

      (i) Broadcasters,other than Broadcasters level 7;

      (ii) TOPOs other than employees in the position of Extended Range TOPO;or

      (iii) Producers.

24.6 Overtime—minimum payment

    (a) Where an employee is required to perform overtime duty,not continuous with ordinary duty,the minimum payment payable for each separate overtime attendance shall be for four hours at the prescribed overtime rate.

    (b) For the purpose of determining whether an overtime attendance is or is not continuous with ordinary duty,or is or is not separate from other duty,meal periods shall be disregarded.

    (c) Where an overtime attendance not continuous with ordinary duty involves duty both before and after midnight and a higher overtime rate applies on one of the days,the minimum payment shall be calculated at the higher rate.

    (d) The provisions of this clause shall not apply to emergency duty covered by clause 24.7.

24.7 Emergency duty

    (a) Where an employee is called on duty to meet an emergency at a time when they would not ordinarily have been on duty,and no notice of such call was given to the employee prior to them ceasing duty on their last ordinary shift,the employee shall be paid for such emergency duty at the rate of double time. The time for which payment is to be made shall include time necessarily spent in travelling to and from duty.

    (b) The minimum payment under this clause shall be for two hours at double time. However,in the case of Emergency Duty performed on a Sunday by a TSO the minimum payment shall be three hours at double time.

    (c) Where,in the opinion of the ABC,it is in the interests of health that respite from work be granted to an employee who has been called up for emergency duty,the employee may be relieved from duty on their next regular shift,without deduction from their salary,for a period not exceeding the number of hours extra duty worked. In no case shall the period of relief from duty extend into a second rostered shift.

    (d) This clause does not apply to employees whose duty for the day is varied by alteration to the commencement of the scheduled shift to meet an emergency.

25. Annual leave

25.1 Application

    This clause only applies to employees covered by this Part.

25.2 Payment for annual leave

    An employee on annual leave will,for the period of the annual leave,be paid at the employee’s ordinary hourly rate,which includes higher duties allowance as specified in this award.

25.3 NES

    Annual leave is provided for in the NES. This clause supplements the NES.

25.4 Excessive annual leave

    An employee must utilise their annual leave within a period of 2 years of accrual,otherwise,the ABC may direct the employee to take annual leave for the excess part of the entitlement.

25.5 Annual leave loading

    The ABC shall pay each employee an annual leave loading in respect of each day of annual leave taken. The amount of leave loading payable will be the greater of either:

    (a) the daily equivalent of 17.5 per cent of weekly salary,up to a maximum payment equivalent to the statistician’s measure of average weekly earnings for the September quarter in the year preceding the year in which the leave is taken;or

    (b) in the case of the General Stream,the adjusted average daily shift penalty payment the employee received calculated on the following basis:

      (i) A daily average of the penalty payments under clause 23,other than public holiday penalty payments,received during the representative period,adjusted in accordance with all salary movements for that position up to the date that the annual leave loading is paid;

      (ii) The representative period will be the preceding financial year,less any periods during which the employee was on leave.

25.6 Payment in lieu of annual leave on cessation

    On cessation of employment,the ABC must pay in lieu the employee’s accrued annual leave and annual leave loading. If an employee has a negative annual leave entitlement on cessation of employment,the value of the negative entitlement may be deducted from the final moneys payable to the employee. Payment in lieu will be calculated using the employee’s final rate of salary,including allowances that would have been included during annual leave.

26. Additional annual leave

26.1 Definition of shiftworker

    For the purpose of the additional week of annual leave provided for in the NES,a shiftworker is a rostered employee who is regularly rostered to work on public holidays and at least 10 Sundays a year –but does not include a part-time employees who work a fixed number of hours on a fixed number of days that includes Sunday.

26.2 Employees rostered for less than ten Sundays

    A rostered employee who is rostered to perform duty ten or less Sundays during the accrual period will be granted additional annual leave at the rate of one-tenth of a working week for each Sunday rostered.

26.3 Rostered Sunday overtime shifts

    Rostered Sunday overtime shifts shall not count for the purposes of clause 26.1 where such shifts are of less than three hours duration. A rostered overtime shift which commences on a Saturday and extends into Sunday or commences on a Sunday and extends into a Monday shall be deemed to be a rostered Sunday overtime shift for the purpose of this sub-clause.

27. Public holidays

27.1 Designated holidays

    An employee will observe the following eleven holidays each year and will be paid salary as if that day were not a public holiday:

      ●1 January (New Year’s Day) or,if that day falls on a Saturday or Sunday,the following Monday;

      ●26 January (Australia Day) or,if that day falls on a Saturday or Sunday,the following Monday;

      ●Good Friday and the following Saturday and Monday;

      ●25 April (Anzac Day),or where another day is substituted by State or Territory governments,that day;

      ●in each State and Territory,the day observed to celebrate the anniversary of the birthday of the Sovereign;

      ●the day variously called ‘Eight Hour Day’,‘Labor Day’,‘Labour Day’,or ‘May Day’as proclaimed by State or Territory governments;

      ●25 December (Christmas Day) or,if that day falls on a Saturday or Sunday,27 December;

      ●26 December (Boxing Day) or,if that day falls on a Saturday or Sunday,28 December;and

      ●an additional day within the Christmas/New Year period according to the following table:

    Christmas Day

    Additional Day

    Sunday

    Wednesday 28 December

    Monday

    Wednesday 27 December

    Tuesday

    Monday 31 December

    Wednesday

    Friday 27 December

    Thursday

    Monday 29 December

    Friday

    Tuesday 29 December

    Saturday

    Wednesday 29 December

27.2 Local public holidays

    (a) An employee in a state or territory may also observe up to two local public holiday(s) each year when:

      (i) those days are declared under State or Territory law and gazetted in the Government Gazette;and

      (ii) they are observed by the whole of the community in the State or Territory,(or relevant part of the State or Territory).

    (b) In the state of Victoria one of the two local public holidays will be Melbourne Cup Day.

    (c) Two half-day public holidays equal one public holiday for the purpose of this clause.

27.3 Variations

    (a) Public holiday local agreements

      (i) Where the ABC and a majority of affected employees agree,another day may be substituted for any holiday prescribed under clauses 27.1 or 27.2. Once such agreement has been reached,the substitution arrangements agreed upon may be utilised by agreement between the ABC and an individual employee without the need for the majority to be consulted. The ABC must keep a record of the agreement.

      (ii) Non-holiday payment:Subject to 27.4,where substitution is made for a holiday falling on a Saturday or Sunday,payment for duty performed on the Saturday or Sunday will not attract any public holiday rates.

27.4 Cultural or religious days of significance

    Where the ABC and the employee agree,a cultural or religious day of significance to the employee may be substituted for any holiday prescribed under clause 27.1.

27.5 Duty on both the public holiday and substituted or additional holiday

    Where an employee works on both the Public Holiday and a substitute holiday,one day will attract payment at the public holiday rate and the other day will be paid at the non-holiday rate as appropriate.

27.6 Total number of public holidays

    The number of national and local public holidays that can be observed in any calendar year by employees in any locality cannot exceed thirteen days,unless more is provided in the NES.

27.7 Minimum payment

    (a) The minimum additional payment payable for ordinary duty performed on a public holiday for each separate attendance will be four hours.

    (b) For the purposes of this clause:

      (i) duty broken by a meal period will not constitute more than one attendance;and

      (ii) the minimum extra payment will not be applicable to holiday ordinary duty which,disregarding meal periods,is continuous with ordinary duty occurring on the day preceding or on the day succeeding the holiday.

27.8 Day off in lieu

    (a) If:

      (i) The RDO of an employee,other than a part-time employee,falls on a Public Holiday;and

      (ii) the employee is not required to work on that day,the employee is entitled to:

      (iii) one day of leave in lieu of that holiday,within one month if practicable,and a day’s nominal hours credited to their cycle of ordinary hours;or

      (iv) one day’s pay.

    (b) If a rostered employee observes a public holiday,they will be credited a day’s nominal hours of duty in respect of that day.

    (c) In the case of an employee whose ordinary hours are confined to Monday to Friday,this clause does not apply when a public holiday falls on a Saturday or Sunday.

28. Travel

28.1 Excess travelling time

    (a) Subject to the provisions of clause 28.1(c),an employee who is travelling or on duty away from his/her usual station shall be paid at ordinary rates,on days other than Sunday and public holidays,and at time and one half rates on Sundays and public holidays,subject to the limitations hereafter stated,for time necessarily spent in travel or on duty (exclusive of overtime duty) in excess of:

      (i) his/her usual hours of work for the day;and

      (ii) his/her normal travelling time to and from his/her normal place of work or designated location.

      (iii) In the case of an employee referred to in 28.1(b)(ii),a minimum time of twenty minutes each way shall apply.

      (iv) Payment shall not be made unless the excess time exceeds twenty minutes in any one day,nor shall it be made for more than five hours in any one day.

    (b) The term usual station for the purpose of this clause means:

      (i) for employees who are required ordinarily to work day by day at the same fixed place of work:the place so fixed by the ABC;and

      (ii) for employees whose place of work is variable within a specified district:a place within the district fixed by the ABC.

    (c) Travelling time shall include:

      (i) the time during which an employee has to wait for a change of trains or other scheduled conveyance,and/or trains or other scheduled conveyances between the advertised and actual time of departure;

      (ii) in the case of an employee not absent from his or her permanent or temporary head-quarters overnight,the time spent by the employee outside the usual hours of duty for the day in waiting between the time of arrival at the scene of work and the time of commencement of work,and/or between the time of ceasing work and the time of the first available train or other means of conveyance;

      (iii) time spent in travelling on transfer in all cases where transfer expenses are allowed,except where the transfer involves promotion which carries increased pay.

    (d) An employee may be required to work at any place within the district and may be required to proceed direct to that place of work without proceeding to his/her usual station. If the time necessarily spent by an employee in proceeding direct to and returning from that place of work establishes a claim to payment for excess travelling time it shall be dealt with under the general provisions of this clause.

    (e) An employee in receipt of a salary exceeding the first Annual Award Rate for the classification Broadbanded TOPO level 3 shall not be entitled to payment for excess travelling time.

    (f) For the purposes of this clause,a day means from midnight to midnight.

28.2 Excess travelling time on distant assignments—TOPOs

    (a) Where a TOPO travels on a day to a distant assignment and no other duty other than travel is undertaken,payment for hours in excess of 8 hours shall be assessed under the provisions of clause 28.1.

    (b) Where a TOPO travels on a day to a distant assignment and both travel and other work are involved the travel period shall count as duty,and any duty undertaken in excess of the nominal hours will be subject to the overtime provisions contained in clause 24—Overtime.

    (c) For the purpose of this clause a distant assignment means an assignment requiring an employee to spend one night or more away from the city or town in which they are regularly employed. A distant assignment shall be deemed to begin on the employee’s departure from the city or town in which they are regularly employed and to cease on return to that city or town.

    (d) Employees on relieving duties,attending schools,courses,conferences or seminars shall not be deemed to be on a distant assignment.

    (e) An employee occupying a position the minimum salary of which exceeds the Annual Award Rate of pay for the classification Information Technologist Level 4 shall not,except with the approval of the Managing Director be entitled to receive payment under this clause.

Part 9—Journalists Stream

29. Application

30. Classification and rates of pay

31. Employer and employee duties

32. Casuals

33. Casual rates of pay

34. Cadets

35. Meal allowance

36. Allowances

37. Notice of termination

38. Ordinary hours

39. Meal breaks

40. Rosters

41. Free days

42. Calculation of time worked

43. Distant engagements

44. Relief duties

45. Shift penalties

46. Overtime

47. Annual leave

48. Annual leave—shiftworkers

49. Annual leave—casuals

50. Annual leave—war correspondents

51. Annual leave loading

52. Medical examination

53. Other leave

54. Remote localities

55. Cost of conveyance and furniture removal

56. Temporary transfers

57. Air travel and special risks

29. Application

[Varied by PR592457,PR606473,PR707590]

29.1 Clauses 38,45 and 46 of this award relating to hours of duty,penalties and overtime do not apply to war correspondents engaged on assignments in operational areas.

[29.2 varied by PR592457,PR606473,PR707590 ppc 01Jul19]

29.2 Employees classified at level 6 by clause 30.5 who are in receipt of an annual salary of $101,489 or more are exempt from the following clauses of this award:

    Clause 38

    Ordinary Hours

    Clause 39

    Meal Breaks

    Clause 40

    Rosters

    Clause 41

    Free Days

    Clause 42

    Calculation of time worked

    Clause 43

    Distant Engagements

    Clause 44

    Relief duties

    Clause 45

    Shift Penalties

    Clause 46

    Overtime

[29.3 varied by PR592457,PR606473,PR707590 ppc 01Jul19]

29.3 By mutual agreement in writing between the ABC and an employee classified within band 3 as provided by clause 30.5 of this award and earning an annual salary of less than $101,489,the employee may be paid a loading of 25 per cent of annual rate of salary and shall be exempted from the following clauses of this award:

    Clause 38

    Ordinary Hours

    Clause 39

    Meal Breaks

    Clause 40

    Rosters

    Clause 42

    Calculation of time worked

    Clause 43

    Distant Engagements

    Clause 44

    Relief duties

    Clause 45

    Shift Penalties

    Clause 46

    Overtime

[29.4 varied by PR592457,PR606473,PR707590 ppc 01Jul19]

29.4 The ABC and an employee classified at any level provided by clause 30 of this award and earning an annual salary of less than $101,489 may,in special circumstances and for a specified period,agree in writing that:

    (a) the ABC will pay the employee a loading of not less than 50 per cent of

    (b) annual salary;and

    (c) the following clauses of this award will not apply to the employee’s employment:

    Clause 38

    Ordinary Hours

    Clause 39

    Meal Breaks

    Clause 40

    Rosters

    Clause 41

    Free Days

    Clause 42

    Calculation of time worked

    Clause 43

    Distant Engagements

    Clause 44

    Relief duties

    Clause 45

    Shift Penalties

    Clause 46

    Overtime

29.5 An agreement under clause 29.4 must specify the circumstances and dates of its operation.

30. Classification and rates of pay

[Varied by PR592457,PR606473,PR707590]

30.1 The rate of pay for each employee classified as:

    (a) a journalist or reporter in the collection and/or preparation of news and/or information on current events for radio or television broadcasting,other than:

      (i) Director news and current affairs;

      (ii) Heads of TV news and current affairs –Victoria,Queensland,South Australia,Western Australia and Tasmania;

      (iii) National editor (TV News);National editor (7.30 Report);

      (iv) International editor (TV News and Current Affairs);Network editor (TV News);

      (v) News editors (Radio) –New South Wales,Victoria,Queensland,South Australia,Western Australia,Tasmania and ACT;

      (vi) Head of radio news;

      (vii) National news editor (Radio);Head of current affairs (Radio);Head of rural (Radio);

      (viii) Controller of news and program (International);and Editor news and current affairs (International),and

    (b) a publicity officer;

      will be not less than the Annual Award rate of pay in respect of their classification as set out in the table below.

30.2 Conditions for Advancement

    The competencies based advancement of journalist and reporter will be in accordance with performance appraisal procedures based on ABC work level standards agreed between the parties. Assessment of the appropriate levels within a band will be in accordance with the work level standards which contain job classification standards for journalists and reporters. Any proposed variation to the work level standards will be the subject of consultation between the ABC and the parties. The parties will deal with any dispute about the work level standards in accordance with clause 9.

30.3 Band 1

    Journalists and reporters classified in band 1 have completed the training requirements of a cadetship or possess equivalent skills and experience and are gaining experience in a wide range of practical areas and/or are undertaking additional training. They perform normal 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 judgement and/or the exercise of more advanced skills. Band 1 journalists and reporters require decreasing supervision and exercise greater professional judgement and skills as they move up through the band. For salary purposes,band 1 journalists and reporters are classified at level 1.

30.4 Band 2

    Journalists and reporters 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 judgement on difficult and responsible assignments. They may work either individually or as part of a team without direct supervision. For salary purposes,band 2 journalists and reporters are classified at level 2 or 3.

30.5 Band 3

    Journalists and reporters classified in band 3 exercise the highest level of skills and responsibility. Their duties require the exercising of sustained high levels of professional,technical and creative skills,of mature and experienced judgement and outstanding levels of individual accomplishment. For salary purposes,band 3 journalists and reporters are classified at level 4,5 or 6.

30.6 Employees who are employed at the date this award comes into force [or the date this clause/minimum rates conversion variation comes into force] will be paid no less than the Total Award Rate in respect of the classification and increment level they occupied at that time,as set out in Part 8—General Stream.

30.7 Progression for employees classified as journalist or reporter shall be by annual competency based increments in accordance with clause 30.2 having regard to the acquisition and utilisation of skills and knowledge through experience in his or her classification at the relevant level,strand or grade over such period.

30.8 Rates of Pay

[30.8 varied by PR592457,PR606473,PR707590 ppc 01Jul19]

Classification

Annual award rate

$

Journalists and Reporters

Band 3 Level 6

82,210

Band 3 Level 5

73,017

Band 3 Level 4

66,557

Band 2 Level 3

62,133

 

64,307

 

65,433

Band 2 Level 2

58,054

 

58,919

 

60,024

Band 1 Level 1

48,940

 

50,957

 

53,766

 

55,948

Top point

101,489

Band 1:Cadet Journalist or Trainee Reporter

43,454

Publicity/Public Relations Officer -Grade 1

51,272

Publicity/Public Relations Officer -Grade 2

56,552

Publicity/Public Relations Officer -Grade 3

63,660

   

31. Employer and employee duties

31.1 The ABC may direct an employee to carry out such duties as are within the limits of the employee’s skill,competence and training consistent with and contained within the employee’s classification definition and standards provided that such duties are not designed to promote deskilling.

31.2 Any direction issued by the ABC under this clause is to be consistent with the ABC’s responsibility to provide a safe and healthy work environment.

32. Casuals

[Varied by PR592457,PR606473,PR707590]

32.1 A casual is a person employed temporarily by the day or half day to perform work of a kind similar to that done by employees classified under clause 30 of this Part.

[32.2 varied by PR592457,PR606473,PR707590 ppc 01Jul19]

32.2 Casuals will be classified in accordance with the definitions in clause 30 except that the minimum salary rate which is,at the time of the approval of this award,$48,940 under Band 1,Level 1 of the ABC salary scale in clause 30 of this Part.

32.3 The ABC must calculate time worked by a casual in accordance with clause 42 of this award and the provisions of clause 45 of this award apply to casual employees.

33. Casual rates of pay

33.1 The rate of payment for casual work will be:

    (a) 20 per cent for a day of 7.5 hours

    (b) 12.5 per cent for a day of 3.75 hours.

      of the casual’s weekly salary rate,calculated at:

      annual rate x 6

        313

      where annual rate is the annual rate prescribed in Part 8—General Stream of this award for permanent employees working in the same classification as the casual employee.

33.2 If the time worked by a casual employee exceeds 3.75 hours and is less than 7.5 hours,the ABC must pay the casual a full day’s pay calculated in accordance with clause 30 of this award.

33.3 If the time worked is in excess of 7.5 hours in any one day,the excess time must be paid for as follows:

    for the first 3 hours at the rate of time and a half;thereafter at the rate of double time.

34. Cadets

34.1 A cadet journalist or a trainee reporter,for the purposes of this award,means an employee who is constantly or regularly in training in the collection and/or preparation of news and/or information on current events for broadcasting or radio or television broadcasting.

34.2 The high school certificate or its equivalent year 12 qualification normally shall be the minimum entry requirement for a cadetship. The ABC has the right to appoint to a cadetship a person without such qualification.

34.3 Periods of training in journalism on any newspaper or in any radio or television station will be taken into account in calculating the period of cadetship.

34.4 Subject to the provisions of this clause,the periods of cadetship will be as follows:

    (a) for a cadet other than a graduate of an approved tertiary course,the period of cadetship must not exceed 3 years,provided that cadet training requirements are met;

    (b) for a cadet who commenced cadetship as a graduate of an approved tertiary course,the period of cadetship must not exceed one year,during which the cadet shall be paid at the appropriate rate for a final year cadet;

    (c) a cadet,who after 12 months or more employment completes an approved tertiary course,will be advanced to the final year of cadetship.

34.5 Cadets will be instructed progressively throughout their cadetship in practical journalism and a responsible person will supervise that training. Cadets will also be given the opportunity to acquire a full knowledge of the handling of news from its collection to its broadcast or its use on television.

34.6 A cadet:

    (a) will be given instruction and practical demonstrations in matters such as news presentation and sub-editing;

    (b) will retain copies of material prepared by the cadet for checking by,and discussions with,the person responsible for cadet training;

    (c) may be given explanations concerning changes to the copy prepared by the cadet;

    (d) is required to attend or study a series of lectures by senior journalists and/or other authorities on the theory and practice of journalism,such as lectures on the laws and practices currently in force,on the subjects of libel,contempt of court,parliamentary and court privilege. Lectures on political or economic or other subjects for a diploma of journalism course are deemed to be lectures for the purposes of this requirement;

    (e) will be tested from time to time to ascertain the level of knowledge of news and of current affairs.

34.7 A cadet must learn shorthand and typewriting and will be examined,from time to time,to determine the progress being made.

34.8 Tuition in shorthand will be arranged by the ABC 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 shall regularly monitor the progress being made by each cadet,and particularly whether or not the cadet’s record of attendance at classes is satisfactory.

34.9 A cadet will not be entitled to become a second year cadet without having attained a minimum standard of 60 words per minute in shorthand.

34.10 A cadet who commenced a cadetship pursuant to clause 34.4(b) will not be entitled to be classified as a journalist without having attained a minimum standard of 120 words per minute in shorthand.

34.11 A cadet who commenced a cadetship as a graduate pursuant to clause 34.4(b) hereof will not be entitled to be classified as a journalist without having attained a minimum standard of 80 words per minute in shorthand.

34.12 If the ABC in a particular case waives the attainment of the standards required in clauses 34.10 or 34.11 as a condition of promotion to the next higher year of cadetship,or to classification as a journalist,as the case may be,the certificate referred to in clause 34.18 must be so endorsed.

34.13 A cadet will 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 departments of the news service as possible.

34.14 Cadets will from time to time accompany classified journalists or reporters on assignments to receive practical instruction.

34.15 The ABC will permit a cadet 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 typewriting.

34.16 In addition a cadet may apply for leave of absence for study or examination leave in accordance with ABC policy,as amended from time to time,to attend at an Australian university or college of advanced education for a course of the diploma of journalist or other courses approved by the ABC and the relevant union.

34.17 The ABC will reimburse all reasonable lecture and other fees for the studies prescribed in clause 34.15,provided that reports of the cadet’s conduct and progress are satisfactory.

34.18 When a cadetship is completed the ABC will give to each cadet a certificate of completion of cadetship.

35. Meal allowance

[Varied by PR592430,PR606622,PR704109,PR707803]

[35.1 varied by PR592430,PR606622,PR704109,PR707803 ppc 01Jul19]

35.1 Where an employee commences continuous duty at or before 6.00am and his or her period of duty extends to or beyond 2.00pm,he or she must be paid an allowance of $18.13 for one meal.

[35.2 varied by PR592430,PR606622,PR704109,PR707803 ppc 01Jul19]

35.2 Where an employee commences continuous duty at or before 12 noon and his or her period of duty extends to or beyond 7.00 pm,he or she must be paid an allowance of $18.13 for one meal.

35.3 Employees engaged at Parliament during sittings of Parliament reporting proceedings or covering political rounds,must be paid the following minimum expenses for all meals taken:

[35.3(a) varied by PR592430,PR606622,PR704109,PR707803 ppc 01Jul19]

    (a) luncheon $18.13;

[35.3(b) varied by PR592430,PR606622,PR704109,PR707803 ppc 01Jul19]

    (b) dinner $18.13;

[35.3(c) varied by PR592430,PR606622,PR704109,PR707803 ppc 01Jul19]

    (c) an additional $0.23 when the work lasts until midnight;

[35.3(d) varied by PR592430,PR606622,PR704109,PR707803 ppc 01Jul19]

    (d) a further $0.23 when the work lasts after 4.00 am;and

[35.3(e) varied by PR592430,PR606622,PR704109,PR707803 ppc 01Jul19]

    (e) a further $18.13 for breakfast if the work extends to 7.00 am.

36. Allowances

36.1 Travel allowance

    Where an employee:

    (a) is required to commence duty before his or her normal starting time;or

    (b) is engaged on work until after his or her normal ceasing time;and

    (c) the ordinary means of transport from or to the employee’s residence are not available;

      the ABC must reimburse the employee the cost of a taxi fare or private vehicle fare to or from his/her residence. Such reimbursement is subject to prior approval by the ABC of the mode of transport. This clause does not apply where the ABC provides transport for the employee to or from work.

36.2 Reimbursement of expense

    An employee will be reimbursed all reasonable expenses he/she incurs which are reasonably associated with their employment with the ABC.

36.3 Damage to personal effects/clothing

    An employee who damages his/her personal effects during the course of their employment will be reimbursed an amount to reasonably compensate for the damage.

37. Notice of termination

37.1 Notice of termination

    In order to terminate the employment of an employee (other than a casual employee or an employee on a fixed term contract or employees employed for a specified task) the ABC will give to the employee the period of notice (or payment in lieu) specified in the table below:

    Level 2 or above,with 10 years or more continuous service

    16 weeks

    Level 2 or above,after 12 months but with less than 10 years continuous service

    12 weeks

    Level 2 or above,but with less than 12 months continuous service

    8 weeks

    Level 1 (ABC salary points 19 and 21)

    8 weeks

    Level 1 (all other salary points)

    4 weeks

    Cadets and trainees

    2 weeks

    (a) Except in cases of gross and serious misconduct,employees with less than 26 weeks of continuous service with the ABC are entitled only to one week’s notice of termination of employment,or to payment in lieu of notice.

    (b) The period of notice in this clause shall not apply in the case of dismissal for gross and serious misconduct justifying instant dismissal.

37.2 On resignation,an employee must give the ABC the period of notice set out in clause 37.1.

37.3 For the purpose of this clause serious misconduct includes refusal of duty,wilful or serious neglect of duty and disobedience of instructions or orders.

38. Ordinary hours

38.1 Ordinary hours must not exceed an average 38 hours per week over a rostered cycle,to be worked on one of the following basis:

    (a) by employees working 38 ordinary hours over five days per week;

    (b) by employees working the following ordinary hours over nineteen days in a four weekly cycle:

      (i) 40 ordinary hours in each of three weeks;and

      (ii) 32 ordinary hours in one week;

    (c) by employees working the following ordinary hours over nine days in a fortnightly cycle:

      (i) 42 ordinary hours in one week;and

      (ii) 34 ordinary hours in one week.

    (d) by employees working 38 ordinary hours on four days per week;

    (e) by employees working 152 hours over no more than nineteen days in a four weekly cycle and for no more than 56 hours in a single week;

    (f) by any other method agreed between the ABC and the majority of employees affected,subject to other provisions of this award;

      provided that in the cycles in which Christmas Day and Good Friday occur,the ordinary hours of duty shall be reduced by 8 from those specified in this subclause.

38.2 The method by which the 38 hour week as provided for in clause 38.1 is worked will be determined on a section by section basis by agreement between the ABC and the majority of employees affected in the section. In the event that no agreement can be reached,then the status quo will prevail until either agreement has been reached or the matter has been determined by the Fair Work Commission.

38.3 The daily hours of ordinary duty must be no less than 4 and no more than eleven (including meal breaks).

38.4 Except on distant engagements,employees are entitled to a minimum break of 11 hours from completion of duty on one day and the resumption of duty. Where insufficient break is provided,overtime is payable in accordance with clause 46.2(b).

39. Meal breaks

39.1 Where an employee is granted and takes one hour off for a meal break,the ABC is entitled to deduct one hour from the total time worked.

39.2 If the time permitted for a meal is less than one hour,no time will be deducted,except where special arrangements have been agreed between the ABC and the relevant union. No more than one hour may be deducted in any day.

39.3 Employees working on any shift commencing before 6.00 am or the greater part of which is after 6.00 pm who are unable to take a meal break,must be allowed a “crib”period not exceeding 30 minutes which will count as time worked.

40. Rosters

    The ABC must make fortnightly work rosters available to employees at least 7 days in advance of the fortnight to which the rosters relate,provided that where a change to a roster:

    (a) is not made by mutual consent;or

    (b) is not caused by an emergency or shortage of staff through sickness or some other unforeseen circumstance,the ABC must give as much notice as possible of the change or,if the employee is working under clause 38.1(e),must give notice prior to the ceasing of duty on the previous shift or,where the employee is off duty,not less than 12 hours before the shift is due to begin.

41. Free days

41.1 In this clause,the words “free day”mean any day off duty which an employee is given under this clause 41,being a period of 24 hours during which an employee is not required to attend for duty or to hold themselves available for duty.

41.2 The ordinary hours in clause 38 must be worked so that each employee is given 2 clear days (consecutive where practicable) off duty each week except that:

    (a) in the fortnights in which Christmas Day and Good Friday occur,5 free days (consecutive where practicable) must be given;

    (b) when the 38 hour week is implemented in the manner specified under clauses 38.1(b),(c),(d) or (e) then the number of free days must be increased as necessary to give effect to the paragraph applicable;

    (c) where employees are rostered under clause 38.1(e) or with the consent of the employee,the free days may also be given as follows:

      (i) at least four consecutive free days in each of the first and second fortnights within the cycle;or

      (ii) at least one free day in one week and three consecutive free days in the other week in the first and second fortnights within the cycle.

41.3 Where an employee is given a single free day,that day starts eleven hours from the time the employee ceased duty.

41.4 Where an employee is given two or more consecutive free days,those free days start eight hours from the time the employee ceased duty.

41.5 Where an employee is required to work on a day which was designated as a rostered free day,the ABC must grant a substitute free day within the same or the next shift cycle. Further,the ABC must grant the substitute free day,wherever practicable,so that it is consecutive with another free day or at a time which is convenient to the employee.

41.6 In respect of a free day referred to in clauses 38.1(b) and (e) an employee may agree to either accrue or anticipate up to a maximum of 3 free days.

41.7 An employee who is not given any of the free days referred to in clause 41.2 by any of the methods provided for in this clause is entitled to be paid overtime for such days in accordance with clause 46.3(h) of this award.

42. Calculation of time worked

42.1 Entering upon duty,for the purpose of this award,means:

    (a) arrival at the office for the first time in the day to begin duty;or

    (b) beginning the first engagement;

      whichever is the earlier,provided that a reasonable time will be allowed to cover the period required to reach the engagement from home.

42.2 Except on a distant engagement,an employee’s time counts as time worked continuously from time of entering upon duty until the time he or she signs off at the completion of work for the day.

43. Distant engagements

43.1 A distant engagement begins from the time the employee departs from the city or town in which he or she is regularly employed and ends on the employee’s return to that city or town.

43.2 If the completion of the assignment reasonably required the employee to continue working on the assignment on the day of his or her return,the distant engagement is deemed to continue until the further work on that day is completed.

43.3 The total of actual working time and travelling time (except travel by ship) counts as hours of duty with a minimum of 9 hours for each day or portion thereof,provided that if an employee elects to travel by train when a means of travel which would enable him or her to reach his or her destination more quickly is reasonably available,the time of travel by train will not be included in the hours of duty.

43.4 When an employee on a distant engagement is called upon to start work on any one day within 11 hours of completing duty the previous day,the period of insufficient break must be treated as overtime in accordance with clause 46.2(c).

43.5 Subject to clauses 43.4 and 43.6 of this award,all overtime on a distant engagement will be treated as weekly overtime and adjusted in accordance with 46.3(a) of this award.

43.6 If the nature of the distant engagement requires the employee to be continuously occupied in actual working time (as distinct from travelling time) on any day for more than 11 hours,irrespective of meal breaks,allowing time in excess of 11 hours shall,subject to clause 42,be treated as daily overtime in accordance with clause 46.2(a) of this award.

43.7 If an employee engaged on a metropolitan assignment is required to begin a distant engagement,on that same day,before the completion of 8 hours of duty then the calculation of the period of that day’s duty begins at the time of entering upon duty,as defined in clause 42.1,for that day and will continue for a period of 8 hours. Time on duty for the distant engagement will then be calculated as provided for in clause 46.3(b).

43.8 If an employee is required to resume work within 11 hours of completion of a distant engagement,he or she shall be paid overtime in accordance with clause 46.2(c) for all work done before the expiration of that eleven hours.

43.9 When an employee is absent on distant engagement for fewer than 168 hours the ABC must not give the employee any of his or her weekly free days during his or her absence,unless he or she otherwise requests. The ABC must give those days off duty within 14 days of the employee’s return as free days in addition to his or her normal weekly free days or pay the employee for the additional days under clause 46.

43.10 When an employee,while on a distant engagement extending to 168 hours or more is not given his or her weekly days off duty,the ABC must give the days off continuously,beginning within 14 days after his or her return in addition to his or her normal weekly days off or pay the employee for the additional days under clause 46.

43.11 Time dockets

    (a) The ABC will provide time dockets in an agreed form to be filled in by employees on distant engagement,and on return of the dockets,the ABC must keep them on file in the office.

    (b) An employee on a distant engagement must each day complete the entries in the time docket and must,within 24 hours of his or her return to duty in the office,file the time docket and make the necessary entries in the time book.

44. Relief duties

44.1 The ABC must credit an employee who is required to relieve at a station other than his or her home station with at least 8 hours of working time on any day on which he or she travels to or from the outstation,but may call upon the employee to perform duty on the same day.

44.2 Subject to clauses 44.3 and 44.4,where an employee is required to relieve at a station other than his or her home station and time spent travelling and working exceeds 8 hours,the ABC must grant the employee:

    (a) where the period of work is less than 8 hours,time off within 14 days after return to the home station,to the extent of the excess or 4 hours,whichever is the less;or

    (b) where the period of work is more than 8 hours,time off within 14 days after his or her return to his or her return station,to the extent of the time which he or she spent in travel,and the ABC must take the period of work into account for the purposes of clause 42.

44.3 The ABC,instead of granting time off in accordance with any of the foregoing provisions of this clause,may,in any case,pay for the time at the ordinary rates of pay.

44.4 Clauses 44.2 and 44.3 do not apply unless the excess time or the time of travel undertaken by the employee on any one day exceeds half an hour.

45. Shift penalties

45.1 Notwithstanding anything contained elsewhere in this award the following penalty payments must be made to employees:

    (a) for all time of ordinary duty performed on Saturday,payment will be made at the rate of 50 per cent additional to the ordinary rate of pay.

    (b) for all time of ordinary duty performed on a Sunday,payment will be made at the rate of 100 per cent additional to the ordinary rate of pay.

45.2 Except as provided by clause 45.4,an employee who is rostered to perform and performs ordinary duty on a shift,any part of which falls between the hours of 7.30 pm and 7.30 am Monday to Friday,must be paid an additional 15 per cent of his or her salary for that shift.

45.3 Except as provided by clause 45.4,an employee who is rostered to perform and performs ordinary duty for at least 4 consecutive weeks on a shift falling wholly within the hours of 7.30 pm and 7.30 am must be paid an additional 30 per cent of his or her salary for each Monday to Friday shift during that period,in lieu of the additional payment prescribed in 45.2.

45.4 Clauses 45.2 and 45.3 do not apply to employees employed in the ABC’s radio public affairs or rural departments. If an employee in those departments is rostered to perform and performs:

    (a) ordinary duty on a shift,any part of which falls between the hours of 6.00 pm and 6.30 am Monday to Friday,he or she must be paid an additional 15 per cent of his or her salary for that shift;

    (b) ordinary duty for at least 4 consecutive weeks on a shift falling wholly within the hours of 6.00 pm and 8.00 am,he/she must be paid an additional 30 per cent of his or her salary for each weekday shift during that period,in lieu of the additional payment prescribed in clause 45.2.

45.5 The maximum rate of additional payment prescribed in clauses 45.1 to 45.4 must not exceed Journalist Band 2,Grade 2,point 2.

45.6 Except as provided in clause 45.7 where an employee who is rostered to finish duty by 7.30 pm on any day is required because of his or her assignment or assignments to remain on duty after 7.30 pm,he or she must be paid overtime for the extra time worked,in lieu of penalty rates,or alternatively allowed time off on the basis of one and a half hours off duty for every extra hour worked,such time off to be granted in that same week or the next week.

45.7 Except as provided in clause 45.6,where an employee who is rostered to finish duty by 6.00 pm on any day is required because of his or her assignment or assignments to remain on duty after 6.00 pm he or she must be paid overtime for the extra time worked,in lieu of penalty rates,or alternatively allowed time off on the basis of one and a half hours off duty for every extra hour worked,such time off to be granted in that or the next succeeding week.

46. Overtime

46.1 The hourly rate for overtime purposes is calculated by dividing 38 into the weekly rate for the employee’s salary,except that the maximum salary to be used in such calculations is ABC Salary band 3,level 4.

46.2 Daily overtime

    (a) Daily overtime,other than special overtime,represents all time worked after the expiration of 11 hours from entering upon duty on any day and must be paid at the following rates:

      (i) for the first three hours,at the rate of time and a half;and

      (ii) thereafter,at the rate of double time.

    (b) Where an employee is required to attend for duty in circumstances where the employee has not had a break of at least 11 hours since the completion of duty on the previous day,the employee must be paid overtime as follows:

      (i) if the break is less than 8 hours,at the rate of double time for all work done before the expiration of the eleven hour break;

      (ii) if the break is 8 hours or more,at the rate of time and a half for all work done before the expiration of the eleven hour break.

    (c) If an employee is required to resume duty within 11 hours of completion of a distant engagement,overtime shall be paid for at the rate of time and a half for all work done before the expiration of the 11 hour period.

    (d) Where an employee is required to resume duty without the break prescribed by this award,time worked during any period of insufficient break will not be included in the calculation of ordinary hours.

46.3 Weekly overtime

    (a) Weekly overtime represents all time worked in excess of:

      (i) 38 ordinary hours per week in the case of employees who work their ordinary hours per week as provided in clauses 38.1(a) and (d);

      (ii) the ordinary weekly hours of work specified in clauses 38.1(b),(c) or (e) for the weeks comprising the work cycles provided for in those clauses;

      (iii) or in excess of the ordinary hours prescribed above in clause 46.3(a) reduced by any time given off in lieu of overtime,but excluding time already paid for or adjusted under clauses 46.2(a) to (d) inclusive.

    (b) Weekly overtime will be adjusted as follows:

      (i) the first 8 hours may be allowed off duty in the next succeeding week in accordance with clauses 46.3(a) to (f) inclusive,or paid at the rate of time and a half.

      (ii) any overtime beyond 8 hours must be paid for at the rate of double time.

    (c) The maximum number of hours which may be allowed off duty in any week,in lieu of overtime worked in excess of the prescribed total weekly hours in the preceding week,is 8.

    (d) When the ABC is to give time off in lieu of overtime for 4 hours or less,it must be given off in one block of 4 hours.

    (e) When the ABC is to give time off in lieu of overtime for more than 4 hours,it must be given in not more than 2 units each of four hours.

    (f) When an employee is to be given 4 hours or more off duty in lieu of overtime,the ABC must notify the employee before he or she finishes work on the preceding day.

    (g) Any time off in lieu of overtime reduces for that week the hours specified in clause 38 of this award. All time worked in excess of the reduced total of hours for that week counts as overtime and dealt with in accordance with the provisions of clause 46.3(a) of this award.

    (h) Where an employee is not given any of the free days referred to in clause 41 by any of the methods specified in that clause,the employee must be paid at the rate of double time for all work done on any such day,with a minimum payment of 4 hours. When that work is paid for,it will not be included in the weekly total of hours for the purpose of calculating weekly overtime.

    (i) Where,in the fortnight in which Christmas Day or Good Friday occurs,an employee is not given his or her additional day off,as provided in clause 38 of this award,the employee shall be paid double time—with a minimum payment of 4 hours—for all work done in that fortnight on any day in excess of 9 days. Any days off owing or overtime incurred under other provisions is in addition to the requirement of this subclause.

    (j) Any work done during the fortnight in which Christmas Day or Good Friday occurs in excess of the reduced fortnightly hours provided for in clause 38 must be paid for at double time.

46.4 Special overtime

    (a) An employee starting work before midnight and required to continue work until after 5.00am the following day,must be paid overtime at double time for all time worked in excess of 7 hours from the time of entering upon duty.

    (b) An employee who starts work before 6.00am on three or more days in any one week is entitled to daily overtime after 9 hours from the time of entering upon duty and will be paid at the rate of time and a half for the first three hours and thereafter at the rate of double time.

46.5 Overtime—general

    (a) In no circumstances will the overtime involved in any of the foregoing clauses be paid for more than once.

    (b) Notwithstanding anything in this clause,any overtime accrued during a distant engagement may be allowed off in full.

    (c) All overtime worked on Sundays,i.e. hours in excess of 11,will be paid at the rate of double time.

47. Annual leave

47.1 Subject to this clause,in every 52 weeks of employment and after each 46 weeks from the anniversary of employment by the ABC,each employee is entitled to 6 weeks’annual leave on full pay,paid in advance.

47.2 Annual leave must be given by the ABC and taken by the employee within 12 months of the date the leave accrues.

47.3 Where the ABC and the employee so agree,the annual leave may be taken in advance before the employee has become entitled to it. Where the annual leave has been taken before the right to it has accrued,the right to further annual leave will not begin to accrue until after the expiration of the period of employment in respect of which the annual leave accrued.

47.4 Where an employee’s employment terminates after at least thirteen weeks and before the completion of 46 weeks of employment,the employee is entitled to proportionate leave on full pay at the rate of six weeks holiday for every 46 weeks’employment.

47.5 Where,after 52 weeks (made up of 46 weeks employment and six weeks of holiday),an employee resigns or is dismissed,he or she shall be entitled to proportionate leave for the amount of his or her further service at the rate of six weeks’holiday for 46 weeks employment.

47.6 Where Christmas Day or Good Friday falls within an employee’s period of annual leave,the period of annual leave shall be extended by one day.

47.7 The annual leave shall be given and taken in 6 consecutive weeks or if the ABC so desires in 2 periods of 3 weeks each and not otherwise or if the employee requests and the ABC agrees,in any 2 periods and not otherwise.

48. Annual leave—shiftworkers

48.1 In addition to the leave prescribed in clause 47,7 day continuous shiftworkers who are employed within the International division of the ABC,(that is,shiftworkers who are rostered to work regularly on Sundays) are entitled to 7 consecutive days’annual leave,including non-working days.

48.2 Where an employee with twelve months’continuous service is engaged for part or whole of the 12 month period as a 7 day shiftworker,the employee is not entitled to the additional 7 consecutive days’leave,until the employee has worked 10 Sundays within the 12 month period or remaining part thereof.

49. Annual leave—casuals

49.1 A casual employee is entitled to be paid for pro rata annual leave equal to 6/46 of the days worked in the relevant year.

49.2 Payment for pro rata annual leave will be calculated on the 7.5 hour daily casual rate applicable on the first day of January in the relevant year. The current annual leave bonus payment provisions will also apply.

49.3 A casual is not entitled to any payment in respect of annual leave under this subclause if he or she has worked a total of less than 10 working days in the relevant calendar year.

49.4 For the purposes of calculating the number of days worked,two half days shall count as one day.

50. Annual leave—war correspondents

    In addition to the annual leave prescribed by clause 47,the ABC will grant war correspondents a week’s annual leave in respect of each period of 13 consecutive weeks served on assignment as a war correspondent.

51. Annual leave loading

51.1 The ABC must pay leave loading for each day of annual leave taken.

51.2 The amount of leave loading payable will be the greater amount either of:

    (a) 17.5 per cent of weekly salary for each day of leave taken,up to a maximum based on average weekly earnings;or

    (b) the average daily shift penalty payment (based on the provisions of clause 45) to which the employee was entitled in the previous financial year.

52. Medical examination

    An employee must,when required by the ABC to do so,submit to a medical examination by a Commonwealth Medical Officer or other legally qualified medical practitioner selected by or approved by the managing director.

53. Other leave

53.1 The ABC may grant to an employee leave of absence without pay for a period not exceeding 12 months or such further period as is considered reasonable in the circumstances,where the leave of absence is for the purpose of enabling an employee:

    (a) to pursue a course of study relating to the classification structure to his or her duties with the ABC;or

    (b) to undertake research work relating to his or her duties with the ABC.

53.2 If an approved body or organisation or the Government or an overseas broadcasting or television organisation or the Australian and New Zealand representative of the British Broadcasting Corporation requests the services of an employee to be made available to that body or organisation or the government or the broadcasting or television organisation,the managing director may,on application by the employee,grant him or her leave of absence without pay,not exceeding a period of 3 years,for that purpose.

53.3 The period during which any employee is absent on special leave under this clause will count as service with the ABC for such purposes as the managing director determines.

53.4 Where a member absents him or herself from duty without leave,his or her pay for every day of the absence shall be deducted from his or her salary.

54. Remote localities

The following localities are,for the purposes of this Part deemed to be remote locations which if an employee is stationed at may entitle them to reimbursement of some travel costs and additional leave in accordance with column 2.

Column 1

Column 2

Locality

Additional annual leave days per annum

Alice Springs

5

Broken Hill

2

Cairns

2

Darwin

5

Kalgoorlie

2

Longreach

3

Mount Isa

3

Port Hedland

5

Townsville

2

54.1 Where an employee who is stationed at a locality (a Station) in the table listed above travels away from the Station during annual leave or on account of illness,the employee may be reimbursed an amount equal to the amount the cost of their travel between their Station and the destination exceeds $10.00 in accordance with the provisions shown below:

    (a) reimbursement is limited to a first class return rail,sea or economy air fare for travel between the employee’s Station and the nearest capital city or destination of lesser distance.

    (b) for the purposes of this clause “children”means a person under the age of 18 years,a dependant of any age who has been certified by a qualified medical practitioner as a permanent invalid.

    (c) if an employee elects,or their spouse and/or children elect to travel further than the distance between the Station and the nearest capital city the employee may be reimbursed an amount equal to the amount they would have been granted under clauses 54.1 and 54.4.

    (d) Reimbursement of an amount in respect of fares under this clause shall not be granted to an employee more than once in respect of each 2 years of service at a Station included in column 1 of the table contained in clause 54 of the award.

    (e) If an employee at a Station resigns or their services have been terminated other than for serious misconduct,and if at the time of resignation or termination they are eligible for partial reimbursement of fares,they will be reimbursed on the basis of a single fare to the nearest capital city.

54.2 Air travel

    Reimbursement of an amount in respect of airfares under clause 54.1 shall not be granted in the case of an employee unless air travel would substantially reduce the travelling time allowed to the employee under this Part.

54.3 For the purposes of this clause the requirement of substantial saving in travelling time is satisfied when there is a reduction of 2 days or more in the travelling time,and the journey was done by surface transport.

54.4 Reimbursement of an amount in respect of airfares under clause 54.1 in the case of a spouse or children will not be granted unless the ABC is of the view that it is preferable for health or other reasons that the employee’s spouse and/or children travel by air.

54.5 Temporary transfer

    If an employee is transferred to a Station for a temporary period of more than 2 years and the employee has at least 2 years’service at the Station,the employee shall be entitled to reimbursement of fares to and from his or her former capital city (or other lesser destination) in accordance with clause 54.1.

    (a) For the purpose of this subclause “former capital city”means:

      (i) if the employee is normally located in the ACT –Canberra;

      (ii) in other cases –the capital city of the state in which the employee is permanently located.

54.6 If an employee who is on Temporary Transfer travels on annual leave or on account of illness before they are eligible for reimbursement of fares under this clause,the employee shall bear the cost of the travel. The employee may,however,claim reimbursement for the cost of that travel upon becoming eligible. Clause 54.5 also applies to travel by the employee’s spouse and/or family.

54.7 An employee shall be granted reimbursement under clause 54.1 when they have an annual leave credit of 2 years or after they have completed 2 years at the Station whichever is the earlier and subsequent reimbursement will occur after each further completed period of 2 years’service.

54.8 The employee’s second entitlement to reimbursement will accrue at the start of their third year of service at the Station and his or her third entitlement at the start of his or her fifth year of service with a further entitlement at the commencement of each subsequent year of service. An entitlement does not lapse if not used before the next entitlement accrues,however,employees should take their annual leave for which reimbursement is sought at a time which best suits the needs of the ABC.

54.9 An employee who is seeking reimbursement of fares under clause 54.1 is not required to pay for the ticket first,the travel will be paid for by the ABC. The employee will,however,be required to pay his or her proportion of the cost of fares in order to secure tickets for himself or herself and/or his or her family.

54.10 Warrants

    A warrant for the journey will only be issued from the station and the employee will be required to pay the ABC the total amount of their share of the cost of the tickets before leaving the station. They will be issued with a warrant for the return journey in the capital city from which they are to commence the return journey.

54.11 The reimbursement under this clause covers first class rail fares and will include the cost of sleeping berths. It will also cover economy air travel where this will result in substantial saving in travelling time which would otherwise be granted. It extends to first class steamship fares where sea travel is necessary.

54.12 Additional annual leave

    Notwithstanding anything elsewhere contained in this clause,an employee at a Station may be granted additional annual leave to the extent indicated in column 2 of the table in clause 54 and may be allowed to accumulate annual leave over a period of 3 years. This entitlement is in addition to the annual holiday entitlement in clause 47 of this award.

54.13 The ABC may determine from time to time other Stations to which clause 54 shall apply and the additional period of leave in respect of each which may be granted to employees stationed at each Station and the extent of the accumulation which may be allowed.

54.14 The reimbursement is for fares only but if accommodation or meal costs are indistinguishable from fares,reimbursement will be calculated upon the total fares paid to the transport authority.

54.15 Travelling time in addition to annual leave shall be granted to an employee at a Station which additional annual leave is granted under clause 54 of this award. Travelling time is not allowed at any other locality. Subject to the succeeding subclauses of this clause the amount of travelling time to be granted will be the actual number of days on which an employee travels in proceeding to and from the nearest capital city,less 2 days (i.e. one for the forward journey and one for the return journey).

54.16 In calculating the number of days travel involved,weekends,holidays and part days should be included,except that:

    (a) where the journey commences after 7.00 pm;or

    (b) where the journey terminates before 2.00 am.

    The day on which the journey commences or terminates should be excluded.

54.17 In the case of an employee covered by clause 54 of this award,travelling time may be allowed in respect of a journey to and from the capital city of the State in which the employee was previously located instead of to the nearest capital city. Where an employee elects to travel to some place other than the nearest capital city (or the capital city of his or her former State if covered by clause 54 of this award) the amount of travelling time to be granted will be the actual time of travel less two days,subject to the amount not being in excess to what the employee would have been entitled if he or she had used the most expeditious means of surface transport to the nearest capital city (or capital city of his or her former State if covered by clause 54 of this award).

54.18 An employee based at any of the Stations listed in the table in clause 54 shall not be required to commence annual leave at a time when the normal means of transport are not available.

54.19 Darwin

    In the case of an employee stationed at Darwin,the following conditions apply:

    (a) Brisbane,Sydney,Adelaide,Perth and Melbourne are to be regarded equally as the nearest capital city if air travel is used. Where air travel to Sydney or Melbourne is chosen,reimbursement will be calculated on the fare charged by Qantas.

    (b) Where travel to Brisbane,Sydney,Melbourne,Adelaide or Perth other than by air is chosen,Adelaide is to be regarded as the nearest capital city,reimbursement being based on actual cost to the destination involved or in recognised cost of air travel to Adelaide,whichever is the lesser. Travelling time permitted shall be based on actual time of surface travel to Adelaide,whichever is the lesser.

    (c) Where travel to any place other than Brisbane,Sydney,Melbourne,Adelaide or Perth is chosen and the result the employee travels through Brisbane,Sydney,Melbourne,Adelaide or Perth,reimbursement and travelling time shall be computed as in the preceding sub-paragraphs as if the employee had terminated his or her journey in that city.

    (d) Where travel to some place other than Brisbane,Sydney,Melbourne,Adelaide or Perth is chosen and the member does not travel through Brisbane,Sydney,Melbourne,Adelaide or Perth,reimbursement shall be based on actual cost of travel to destination or on the recognised cost of air travel to Adelaide,whichever is the lesser. Travelling time permitted shall be based on actual time of travel or on recognised time of surface travel to Adelaide,whichever is the lesser.

    (e) The ABC may grant permission to an employee to travel by his or her own private vehicle and grant a mileage allowance in accordance with the rate applicable to the commonwealth public service. The amount paid shall not exceed the amount which would have been reimbursed under this sub-clause had he or she travelled by regular means of transport. Travelling time granted in these circumstances shall not exceed that to which the employee would have been entitled had he or she travelled by normal surface transport.

54.20 Family entitlement

    It is not necessary for the spouse and family of an employee to actually accompany the employee in order to be eligible for partial reimbursement of fares. Provided the spouse and family of the employee are actually resident with them at the Station,they possess an independent entitlement to fares once every 2 years of the employee’s service at the Station,the utilisation of which does not depend upon the date on which the employee goes on annual leave or sick leave.

54.21 This provision is intended to meet cases where the family is sent away before the employee leaves the Station or they return after the employee to meet domestic circumstances or so the family can have a longer holiday. It is also intended to meet cases where relief is not available for the employee at a time suitable to his or her family,e.g.,an employee may wish to send his or her family away at a time which coincides with school holidays.

54.22 Travel for medical attention

    If an employee is at a Station where there is no resident medical practitioner,and because of illness or accident the employee or their spouse or children must travel for medical attention,the employee may be entitled to travel reimbursement. The reimbursement is for so much of the cost of transport that exceeds $6.00. In these circumstances if the sick or injured person must be accompanied,the cost of transport shall include the attendant’s travel.

54.23 For the purposes of clause 54,cost of transport shall mean only the actual charge incurred in steamer,rail,motor or other fares inclusive of return journey or mileage rate (if permission to use own car is granted) inclusive of a return journey in obtaining the nearest medical aid and shall not include any other expenses incurred en route.

54.24 No claim for reimbursement will be accrued unless accompanied by a medical certificate stating that the removal or visit for medical attention was necessary and the nature of the illness and if the ABC is of the opinion that the illness or injury was due to circumstances within the person’s own control the ABC may refuse payment.

55. Cost of conveyance and furniture removal

55.1 Transfers

    (a) An employee permanently transferred by the ABC to another location in a city,town,district or state other than that in which the employee is regularly located,shall be:

      (i) paid first class train fares or economy class air fares plus reasonable travelling expenses for the employee,his or her spouse and family;

      (ii) reimbursed the reasonable costs of transfer and/or storage of furniture and effects unless so arranged and paid for by the ABC.

    (b) Where an employee who has been permanently transferred resigns or is dismissed for misconduct after being transferred,the ABC is not obliged to pay for any costs associated with the employee and his or her spouse or family returning to the previous place of living.

    (c) An employee temporarily transferred shall be entitled to payment for all reasonable travel and accommodation expenses.

56. Temporary transfers

    An employee who is required to be absent overnight from headquarters on official business,or who has been transferred temporarily to another town or city,must be paid,in addition to the cost of conveyance,a travelling allowance calculated in accordance with the ABC’s policies as varied from time to time.

57. Air travel and special risks

57.1 Air travel reimbursements

    When an employee agrees to travel by other than a regular passenger-carrying air service,the ABC will:

    (a) 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

    (b) 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 $500,000 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.

    Provided that this clause will not apply where the ABC 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 57.2 of this award.

57.2 Special risks reimbursements

    Where an employee performs any duty which would invalidate his or her personal insurance policies,or any of them,the ABC 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 activity.

    Provided that this clause will not apply where the ABC indemnifies the employee against any invalidation of the employee’s personal insurance policies.

Part 10—Actors Stream

58. Application

59. Rates of pay

60. Forms of engagement

61. Control and direction of performers

62. Classifications and rates of pay

63. Allowances and special rates

64. Payment of wages

65. Meal and other breaks

66. Publicity/promotional work

67. Cancellation and postponement of calls

68. Transport

69. Accommodation

70. Payment while travelling

71. Lay days

72. Travel expenses in carrying out publicity work

73. Facilities

74. Classifications and rates of pay

75. Rates of pay—juveniles

76. Allowances and special rates

77. Calls

78. Notice of call times

79. Overtime

80. Recreation leave payments

81. Calls

82. Meal breaks

83. Overtime

84. Make–up time

85. Late arrivals

86. Classifications and rates of pay

87. Allowances and special rates

88. Superannuation

58. Application

58.1 The ABC may invite members of the public in civilian dress to join in scenes as extras,and such members of the public will not be regarded as artists and will not otherwise be covered by this Part or the Award more generally.

58.2 Nothing in this Part applies to the transmission of religious services.

59. Rates of pay

[Varied by PR592457,PR606473,PR707590]

59.1 Table A—radio

[59.1 varied by PR592457,PR606473,PR707590 ppc 01Jul19]

     

    Weekly rate
    $

    Daily rate
    $

    Hourly rate
    $

    Lead

    1576.10

    315.22

    39.40

    Co-lead (2)

    1380.60

    276.12

    34.52

    Cast A

    1050.50

    210.10

    26.26

    Cast B

    775.00

    155.00

    19.38

    Cast

    1001.40

    200.28

    25.04

59.2 Table B—television

[59.2 varied by PR592457,PR606473,PR707590 ppc 01Jul19]

     

    Weekly rate
    $

    Daily rate
    $

    Hourly rate
    $

    Lead

    1730.80

    379.64

    66.84

    Co-lead (2)

    1564.80

    350.95

    60.80

    Performer

    1115.50

    248.44

    42.36

    Special extra

    792.50

    213.48

    32.99

    Extra

    706.20

    179.16

    29.71

   

60. Forms of engagement

    (a) All Actors will be engaged on a casual basis,unless otherwise stipulated by the ABC.

    (b) All actors will be engaged under an artists’engagement form—Actors.

    (c) All extras and special extras will be engaged under an engagement form—Extras.

    (d) All forms of engagement must be completed by the performer and the ABC prior to the commencement of work by the performer.

    (e) The ABC will specify in writing as part of the terms of engagement the details of work to be performed by the artist including:

      (i) The requirement,if any,for an artist or an artist’s stand-in or body double to appear nude or semi-nude or in a simulated sex scene,including in still photography;

      (ii) The proposal,if any,to associate the artist’s name,image,likeness or voice to promote a product or service,including the use of still photographs;

      (iii) The requirement for an artist to travel for publicity or promotional purposes and where possible,an itinerary outlining the places the artist will be required to attend and the duties required in carrying out such publicity or promotional work;

      (iv) The proposal to record a performance other than for transmission by the ABC or for demonstration or promotional purposes;

      (v) The proposal to use the footage in any other production;

      (vi) The credit to be given to the artist.

61. Control and direction of performers

61.1 An artist will be under the control and direction of the producer or director.

61.2 An artist must obey any reasonable instructions of the producer or director.

62. Classifications and rates of pay

For the purpose of payment of rates only,the ABC will nominate in each radio or television programme a leading performer and/or two or more co-leading performers,except in those cases where due to the nature of the presentation it is impossible to discriminate.

63. Allowances and special rates

[Varied by PR592457,PR606473,PR707590]

63.1 Performance in the presence of an audience

    (a) Where a performance which is directly transmitted or recorded takes place before an audience comprised of persons who,generally,have paid for admission,each artist taking part in the performance must be paid the additional sum of one-quarter of the artist’s BNF.

    (b) This clause does not apply to performances where at least 50 per cent of the gross takings are donated to a registered charity or for which admission is free.

63.2 Auditions and interviews

    (a) A performer called by the ABC for an interview is not entitled to payment for the interview. The interview must not last longer than one hour.

[63.2(b) varied by PR592457,PR606473,PR707590 ppc 01Jul19]

    (b) A performer called by the ABC for an audition is entitled to a minimum rate of pay of $23.01 per hour or part thereof,with a minimum payment of one hour. The artist will be deemed to have commenced the audition at the time of the artist’s call or the artist’s arrival time,whichever is the later.

63.3 Pilot programmes

    The same rates of pay applicable to programmes transmitted by the ABC apply to pilot programmes.

64. Payment of wages

64.1 Amounts due to an artist with respect to the 7 consecutive days ending at midnight on a Saturday must be available for payment to the artist on the following Wednesday prior to 1.00 p.m.,provided that any such amounts not collected by the artist by 1.00 p.m. on the Wednesday must be available for collection during later office hours (the period 1.00 p.m. to 2.00 p.m. being excepted) on that or any subsequent day.

64.2 In cases of termination of employment for misconduct or negligence,the ABC will be liable for payment of wages,salary and allowances up to,but not after the time of dismissal,provided that nothing in this clause will preclude the payment of repeat and residual fees to which the artist is entitled in relation to work performed prior to the date of dismissal.

65. Meal and other breaks

65.1 A meal break of one hour,which does not count as time worked,must be allowed and taken,wherever practicable,for breakfast between 7.00 a.m. and 9.00 a.m.,for lunch between 12 noon and 2.00 p.m. and for dinner between 5.00 p.m. and 7.00 p.m. each day.

65.2 An artist will be allowed refreshment breaks of ten minutes’duration in working time every two and a half hours,with the first break commencing two and a half hours after the day’s starting time.

65.3 An artist is entitled to a break of not less than ten clear hours between the time of cessation of work on one day and the commencement of work on the next day,except when living on location,when the break must be not less than eight clear hours.

66. Publicity/promotional work

66.1 The artist must carry out such publicity and/or promotional work for the production outside the artist’s normal working hours as may be reasonable.

66.2 The ABC may require the artist to be available for publicity and/or promotional work within the artist’s normal working hours.

67. Cancellation and postponement of calls

67.1 A call may be postponed to a time mutually agreed upon by the ABC and the artist without payment,provided that not less than seven days’notice has been given to the artist prior to the time of the original call.

67.2 If the ABC gives less than seven days but five or more days’notice of alteration,the artist must be paid 16 2/3 per cent of the BNF for the altered call.

67.3 If the ABC gives less than five days but two or more days’notice of alteration,the artist must be paid 33 1/3 per cent of the BNF for the altered call.

67.4 If the ABC gives less than forty eight hours but twenty four or more hours’notice of alteration,the artist must be paid 50 per cent of the BNF for the altered call.

67.5 Subject to,if the ABC gives less than twenty four hours’notice of alteration,the artist must be paid 75 per cent of the BNF for the altered call.

67.6 The ABC may deduct payment for any day where an artist cannot be usefully employed because of any stoppage of work beyond the control of the ABC,provided that where a call is postponed due to weather conditions the artist must be paid:

    (a) 50 per cent of the BNF for the altered call if he or she has not been required to attend at the place of work;or

    (b) 75 per cent of the BNF for the altered call if he or she has been required to attend at the place of work.

67.7 Calls substituted for the postponed call must be paid at the rate negotiated for the original call.

67.8 Where a call is cancelled the artist must be paid his/her BNF in full,provided that:

    (a) the ABC may put on hold an artist prior to confirming their engagement for a production. A hold does not constitute a contractual obligation and does not bind either party. However,once the engagement has been confirmed then it will constitute a call for the purposes of this clause;

    (b) the ABC must at the time of putting an artist on hold notify the artist the length of time it is anticipated that she or he will be on hold.

68. Transport

[Varied by PR592430,PR606622,PR704109,PR707803]

68.1 An artist required by the ABC to travel will be reimbursed up to the actual cost of an economy class airfare or first class sleeper train fare or ship’s passage to their destination or if to location then to the terminal nearest the location or location accommodation. This provision will not apply where the ABC provides such transport.

68.2 An artist can refuse to travel by air if the artist has a reasonable objection to air travel.

68.3 All air travel must be made by a regular,reputable and recognised aircraft service unless the artist agrees to any other standard of air service.

68.4 If an actor starts work before 7.00 a.m. or finishes after 7.30 p.m. (8.30 p.m. daylight saving),or if they start or finish work when normal means of transport are not available within 30 minutes of the start or finish time,the ABC will,if the actor does not have his/her own transport,reimburse the employee the reasonable cost of a taxi or private vehicle from his/her place of residence and place of work. The ABC will likewise,subject to prior approval by the ABC of the mode of transport,reimburse an extra or special extra who does not have his/her own transport if he/she starts or finishes work when normal means of public transport are not available or where the location is isolated.

68.5 The ABC is obliged to notify the parent(s)/guardian(s) of an actor who is under 16 years of age of the right to travel reimbursement. The ABC will,if an artist is under 16 years of age,reimburse the artist’s parent(s) or guardian(s) the reasonable cost of a taxi or private vehicle between the artist’s place of residence and place of work.

68.6 Clause 68.7 will apply in relation to transport of an artist’s baggage to and from a location or studio from the artist’s home.

68.7 The ABC will reimburse an artist the reasonable cost of a taxi or private vehicle to and from the artist’s home where the artist is required to carry more than two pieces of baggage,where the baggage weighs more than 5 kgs or where there is any baggage that is awkward or difficult to carry. Provided that such reimbursement is subject to the ABC requiring the artist to carry baggage to a location or studio and the artist not providing transport for the baggage as well as the ABC’s prior approval of the mode of transport.

68.8 Where the ABC requires an employee to use their own vehicle in or in connection with the performance of their duties,the employee will be paid an allowance for each kilometre of authorised travel as stated in Schedule 1 to the Income Tax Assessment Regulations 1997 as varied from time to time.

    (a) The payment of vehicle allowance to an employee based at home will be calculated from the employee’s office based site.

    (b) This subclause does not apply where the ABC provides transport for the artist.

    (c) Where the ABC requires an artist to be away overnight from the artist’s place of residence,travel and accommodation must be provided at no cost to the artist.

68.9 Meal allowances while travelling

[68.9 varied by PR592430,PR606622,PR704109,PR707803 ppc 01Jul19]

    If travelling during normal meal time and a meal is not provided the artist must be paid an allowance of $9.74 for breakfast,$10.87 for lunch and $16.70 for dinner.

69. Accommodation

69.1 An artist required to travel interstate and to commence work before 9.00 a.m. on the first day of the engagement must be provided with overnight accommodation for the preceding night if he or she wishes.

69.2 An artist required to travel interstate and to continue working after 7.00 p.m. on the final day of the engagement must be provided with overnight accommodation for that night,if he or she wishes.

69.3 An artist not required to travel interstate but required to travel more than 80 kilometres from his/her place of residence and to commence work before 9.00 a.m. on the first day of the engagement must be provided with overnight accommodation for the preceding night,if he or she wishes.

69.4 An artist not required to travel interstate but required to travel more than 80 kilometres from his/her place of residence and to continue working after 6.00 p.m. (or in the case of daylight saving 7.00 p.m.) on the final day of the engagement must be provided with overnight accommodation for that night,if he or she wishes.

70. Payment while travelling

[Varied by PR592457,PR606473,PR707590]

70.1 Travelling time for artists from the pick-up point to the place of work and return must be counted as time worked.

70.2 Where the artist is required to travel within Australia on a day that he or she is not required to work,the artist must be paid:

[70.2(a) varied by PR592457,PR606473,PR707590 ppc 01Jul19]

    (a) a fee of $52.31 where travel time is less than four hours;

    (b) the artist’s daily BNF where travel time exceeds four hours.

    (c) For the purpose of this subclause travelling time must be calculated from the time the artist is required to report to (or is returned to) the transport terminal in his or her home town to the time the artist arrives at (or leaves from) his or her place of accommodation.

70.3 Where an artist is required to travel beyond Australia she or he must be paid at his/her BNF for each day or part day spent in travel,including the days of departure and return.

70.4 An artist required to stay overnight away from his or her place of residence must be provided with modern motel type accommodation with bath or shower room and toilet facilities therein and,where possible,unshared.

70.5 Where it is impossible for the ABC to obtain such accommodation the artist must be paid the following allowances:

    (a) where accommodation is provided at the standard of a private home,homestead or hotel with shared facilities or where unshared accommodation is not provided $5.75 per day;

    (b) where accommodation is provided at the standard of air-conditioned caravans or air-conditioned and sewered mining camps $11.65 per day;

    (c) where accommodation is provided at the standard of shearer’s quarters,rough mining camps or by camping $23.20 per day.

70.6 For the purpose of this clause it will be deemed impossible for the ABC to obtain accommodation of the type referred to in clause 70.5 where it is necessary for the artist to spend more than one and a half hours travelling from the location to the nearest accommodation.

71. Lay days

    Where the artist is required to stay away from his or her place of residence on a day where the artist is not required to work,the artist must be paid his or her daily BNF for those days,unless the artist is paid a weekly fee and those days are covered by the weekly fee.

72. Travel expenses in carrying out publicity work

In carrying out any publicity and/or promotional work pursuant to this clause,an artist will,where relevant,be entitled to the provisions of this Part in respect of travelling,accommodation and expenses,except that an artist must be provided with transport or paid the cost of the same both ways:

72.1 between the artist’s place of residence and the place of publicity and/or promotional work;or

72.2 where the artist is required to travel by air to the place of publicity and/or promotional work,between the artist’s place of residence and the airport terminal where the artist’s air travel commences,and between the airport terminal where the artist’s air travel concludes and the place of publicity and/or promotional work.

73. Facilities

Where an artist provides their own hygienic products or their own telephone facilities or tea and coffee when on location the ABC will fully reimburse the artists for the reasonable costs. The ABC will not have to reimburse the performer for these facilities or products when these facilities and products have been provided by the ABC.

DIVISION 2—Performances in Radio Only

This division applies to artists engaged for performances and/or rehearsals for such programmes made by the ABC for transmission by radio.

74. Classifications and rates of pay

74.1 The minimum rates of pay for artists engaged for rehearsal and/or performance of radio broadcasts are inclusive of all casual loadings as set out in Table A of clause 59.1 and must be applied in accordance with this clause.

    (a) For Artists engaged on a Daily basis,the minimum call shall be 8 hours.

    (b) For Artists engaged on an Hourly basis,the minimum call shall be 4 hours.

75. Rates of pay—juveniles

    A Juvenile must be paid not less than 50 per cent of the amount prescribed by clause 59.1.

76. Allowances and special rates

76.1 Performances

    If not more than 25 per cent of the full rehearsal time and the number of calls applicable to the length of the broadcast is required of the artist,repeat performances must be paid for at half the rates prescribed by this award.

76.2 Recording and transcriptions

    The following recordings may be made by the ABC without incurring any additional fees:

    (a) a pre-recording made of any performance,provided that the recording is used once only as the initial performance;

    (b) a recording made from any live performance for the purpose of completing a relay on any of the ABC’s stations which for time lag,technical or other sufficient reason cannot be included in the relay;

    (c) a recording made for audition purposes only.

76.3 The following recording may be made by the ABC upon payment of the fee prescribed:

    (a) on payment of an additional 50 per cent of the original BNF to each artist,the ABC has the right to use any recordings made under the previous subclause or any recordings of a live performance for repeat purposes and may secure outright all rights of unlimited repeat performances on its stations.

    (b) on payment of a fee of 25 per cent of the original BNF additional to that prescribed in 76.3(a) of this subclause,the ABC has the right to sell any recording made under the provisions of this clause.

76.4 Remakes of recordings

    (a) Should a remake be necessary owing to the mistake of any member of the cast,the remake must be made by the cast without extra payment,provided that no longer interval occurs than is necessary for checking and if necessary,re-recording the part or parts of the recording affected for which time the cast must remain in attendance.

    (b) If the necessity for a remake owing to the mistake is not discovered until later than the time stated in clause 76.4 the cast must perform the remake at half rates,excepting that,if a separate call is made involving work on any subsequent day or night,the work must be paid for under clause 74.

76.5 Simultaneous broadcasts on any or all ABC stations

    The amounts prescribed by clause 74 apply to any performance which is transmitted simultaneously on any or all ABC stations. At the ABC’s discretion,completion of the relay of any programme by means of a recording may be made on each of the ABC’s stations without additional payment to that made in respect of the initial transmission.

76.6 Sound effects

    If required by the ABC,an artist must,without additional payment,be responsible for studio sound effects incidental to their own role,during any rehearsal,recording or performance.

76.7 Additional roles

    A leading performer,co-leading performer or performer may be required to perform more than one part or character and,when so required,must be paid an additional sum of 25 per cent of the prescribed amount,but only if and when such additional part consists of more than 30 words in any one programme,provided that:

    (a) no artist may be required to perform more than two parts;and

    (b) the additional payment does not apply to any single character performance when the artist is required to assume varied types of voice,or parts,in such performance.

76.8 Make-up and clothing

    Where an artist is required to appear in dinner or evening dress at any performance or rehearsal the artist must receive,in addition to his or her BNF,an allowance of $4.60 inclusive of any cleaning or laundry expense.

77. Calls

77.1 The ABC must specify the proposed length of a call. A rehearsal call must not be:

    (a) less than one hour in the case of programmes which do not exceed 15 minutes or in the case of a call additional to those set out in clause 74;and

    (b) of not less than two hours in all other cases.

78. Notice of call times

An artist must be notified at the end of each day’s work of the commencement time for the next day’s work and,where possible,not less than 10 hours’notice of starting time must be given to the artist.

79. Overtime

[79 varied by PR592457,PR606473,PR707590 ppc 01Jul19]

Any rehearsal time,other than that included in the rates prescribed by clause 74,or time worked on calls additional to those set out in that clause,must be paid at the rate of $10.22 for each half hour or part thereof.

80. Recreation leave payments

80.1 In the case of an artist employed on a casual basis,the artist will become entitled to payment for recreation leave if he or she appears in each broadcast of a particular program over a period of not less than 6 months.

80.2 Recreation leave payment must be made:

    (a) when the artist ceases to be employed in the particular program;or

    (b) not before 12 months and not after 15 months from the date that the artist began the casual employment on that program.

80.3 An artist qualifying for recreation leave must be paid during that leave an amount equal to 4 per cent of the total BNF paid to that artist for his or her appearances in the program in which the artist qualified for recreation leave.

80.4 The ABC must make the recreation leave payment to the artist on the pay day which precedes the date on which the artist commences leave or on the pay day following the cessation of the artist’s service in the particular program,as the case may be.

80.5 An artist must be paid a recreation leave payment for work in all programs in which he or she qualifies for recreation leave payment.

80.6 When an artist due to illness absents himself or herself from not more than 2 programs in any one period of 7 months,the artist will nevertheless be regarded as having given 7 months’continuous service in that program for the purpose of this award.

DIVISION 3—Performances in Television Only

This division applies to artists engaged for performances and/or rehearsals for performances which will be televised and/or filmed,tele-recorded or recorded by any other means.

81. Calls

81.1 The minimum call for artists engaged on a daily or weekly basis is eight hours.

81.2 The minimum call for artists engaged on an hourly basis is four hours.

81.3 The minimum call for rehearsals,voice-over,and re-voicing in another artist’s voice is four hours.

81.4 The minimum call for publicity and re-voicing an artist’s own voice is 2½ hours.

81.5 The minimum call for make-up and wardrobe is one hour.

81.6 All calls include (where necessary) dressing time.

82. Meal breaks

82.1 After 4 hours a meal break of 60 minutes must be given. The meal break includes time for removal of make-up but not for dressing and undressing and must not exceed 90 minutes.

82.2 In special cases,the length of the meal break may be less than 60 minutes but the ABC must pay the artist and payment must be made for an additional half hour’s work.

82.3 Where a performance call includes more than 1½ hours of rehearsal,the cast must be given a break of 15 minutes prior to the commencement of the performance.

82.4 Where a performance call includes more than 2½ hours of rehearsal time,the cast must be given a break of 30 minutes prior to the commencement of the performance.

83. Overtime

83.1 An artist must work all overtime which the ABC reasonably requires.

83.2 Overtime rates must be paid at the following rates:

    (a) For artists engaged on a half daily basis,all time worked in excess of four hours must be paid at the rate of time and a half for the first three hours and double time thereafter.

    (b) For artists engaged on a daily basis,all time worked in excess of eight hours per day must be paid at the rate of time and a half of the hourly rate for the first three hours and double the hourly rate thereafter. For the purposes of this subclause,the hourly rate is calculated by dividing the artist’s BNF by eight.

    (c) Subject to subclause 83.3,for artists engaged on a weekly basis,all time worked in excess of eight hours per day must be paid at the rate of time and a half of the hourly rate for the first three hours and double time thereafter. For the purposes of this subclause,the hourly rate is calculated by dividing the artist’s BNF by 40.

83.3 Where the artist is engaged on a weekly basis and is engaged in a rehearsal week,the artist may be required to work in excess of eight hours per day without payment of overtime rates,provided that:

    (a) the ABC advises the artist of the Part for rehearsal at least seven days in advance of the commencement of the rehearsal week,outlining the number of hours the artist will be required to work on any one day and the time the artist will be required to report to work each day;and

    (b) the artist is not required to work in excess of 40 hours in any rehearsal week.

83.4 Overtime will be calculated to the nearest quarter of an hour.

83.5 A weekly engagement consists of five days of eight hours duration worked within a seven day period. Where pre-recording is involved the ABC may require that eight of those hours be worked outside the seven consecutive days for pre-recording of a segment or segments to be inserted in the program or episode on which the artist was originally engaged for that week,as long as the artist is advised at the time of engagement of the date that the pre-recording will occur.

83.6 Where an artist is engaged for a sixth day,the artist must be paid for the sixth day at the overtime rates in clause 83.2(a) with a minimum call of four hours.

83.7 For the purpose of this award,a week will be deemed to be Monday to Sunday unless the ABC notifies the relevant union in writing that another seven consecutive day period will be deemed to be the week for a particular production.

84. Make–up time

84.1 All time occupied by an artist in wardrobe fittings and/or separate make-up calls must be paid for at the appropriate hourly rate.

84.2 All time taken for the application of make-up counts as time worked.

84.3 Time taken for the removal of make–up will not count as time worked,except where:

    (a) the time taken to remove full body make –up,special effects make-up and prosthetics exceeds ten minutes,when it will be counted as time worked up to a maximum of 30 minutes;or

    (b) the ABC and the artist agree that there are bona fide and special circumstances requiring more than 30 minutes for the removal of such make-up,when time actually taken in such removal will be counted as time worked.

85. Late arrivals

The ABC is not bound to accept the services of any artist who presents himself or herself without reasonable cause or excuse after the time at which he or she was required to be present at the place fixed for commencing work. In such a case,the ABC will not be liable to pay the artist in respect of any period of non-attendance.

86. Classifications and rates of pay

86.1 The minimum rates of pay payable to artists taking part in or engaged to take part in the rehearsal and/or performance of television programs are the rates set out in Table B of clause 59.2.

86.2 The rates set out in Table B of clause 59.2 are inclusive of all casual loadings as well as sick leave,long service leave,annual leave and Sunday and public holiday penalty rates.

86.3 For any vocalist or dancer who is a member of a combination,(except chorus),the minimum rate is the rate prescribed for a Performer in Table B of clause 59.2.

86.4 In the case of a soloist (singer or dancer) the minimum rate is the rate prescribed for a Lead in Table B of clause 59.2.

86.5 The minimum rate for members of a chorus is the rate prescribed for a Special Extra in Table B of clause 59.2.

86.6 The minimum rate for each member of a non-fixed routine variety act is the rate prescribed for a Performer in Table B of clause 59.2.

86.7 The minimum rate for each member of a fixed routine speciality variety act is the rate prescribed for a Lead in Table B of clause 59.2.

87. Allowances and special rates

87.1 Recordings and transcriptions

    The ABC may make the following recordings without incurring any additional fees:

    (a) pre-recording of any performance for use only as the initial television program;

    (b) a recording of any live performance for the purpose of completing a relay on any of the ABC’s stations which for the time lag,technical or other sound reason cannot be included in a relay;

    (c) a recording for audition purposes only.

87.2 The ABC has the right to use any recordings made under the provisions of clause 87.1 or any recording of a live performance for repeat performances only upon payment of the following fees:

    (a) first repeat—15% of the total fee ascertained from either Table B of clause 59.2 or the BNF,plus any overtime payments contracted for the program;

    (b) second repeat—15% of the total fee ascertained from either Table B of clause 59.2 or the BNF,plus any overtime payments contracted for the program.

      After payment of 30% of the total fee so ascertained from either Table B of clause 59.2 or the BNF,plus any overtime payments contracted for the program,all Australian rights revert to the ABC including sales to commercial stations in Australia for a single run.

87.3 Any or all payments made pursuant to this subclause must be made no later than seven days after the day of the broadcast of the program for which liability for payment by the ABC was incurred.

87.4 Repeat and residual payments

    For those recorded programmes for which an artist may receive future payment in accordance with the provisions of clauses 76.2 and 76.3,and 87.1 to 87.3 of this award the Corporation will notify the relevant union of the date of the first transmission and the number of times the programme has been transmitted on each metropolitan station up to the date of the relevant union’s request. This information will be provided subject to a reasonable request by the relevant union and will be provided to the union within ten days of that request.

87.5 When the ABC sells or licences a program made by the ABC to an overseas organisation,or an Australian free-to-air broadcaster the actors engaged in the original recording of the program must jointly be paid an amount equal to 16 2/3% of the gross revenue of the sale of the program.

87.6 When the ABC sells or licences a television programme made by the ABC to an Australian pay or subscription television service,the actors engaged in the original recording of the programme must jointly,subject to agreement from the relevant union,be paid an amount equal to 16 2/3% of the gross revenue of the sale or licence of the programme.

87.7 Where an actor is owed a residual payment arising from the domestic or overseas sale or licence or licence of a program produced by the ABC,the ABC will provide to the actor,or the actor’s agent where authorised by the actor,a statement of residual payment(s) as a result of that sale or licence.

87.8 The statement will contain:

    (a) name of the program and episode identification;

    (b) countries or networks to which the program was sold;

    (c) gross revenue of the sale of the program;

    (d) percentage and amount due to all actors involved;and

    (e) the actor’s percentage and amount.

87.9 Subject to the provisions of this clause,all residuals are to be paid to the actor(s) within 30 days of receipt of moneys by the ABC for the overseas sale or licence of the program.

87.10 The ABC may withhold repeat or residual payments due to an actor where the amount payable is less than $10.00. The ABC must hold such payments on trust for the actors concerned and remit the payment to the actor or the actor’s authorised agent:

    (a) when such payments accumulate to $10.00 or more;or

    (b) at the end of the financial year in which the ABC received the repeat or residual fees;

    (c) whichever is the sooner.

87.11 If payment to the ABC is made by instalments and the total value of the overseas sale or licence is less than $200,000,full residuals are to be paid to the actor(s) within 30 days of receipt by the ABC of the first of such instalments.

87.12 If payment for the overseas sale or licence exceeds $200,000 residuals will be paid to the actor(s) within 30 days of receipt by the ABC of each instalment on a pro rata basis.

87.13 Performances simultaneously transmitted on any or all of the ABC’s stations

    The rates of pay prescribed by clause 86 of this Division apply to any performance which is transmitted simultaneously on any or all of the ABC’s television stations. At the ABC’s discretion completion of the relay of any television program which has been recorded by any means whatsoever may be made on each of the ABC’s stations without payment additional to that made in respect of the original transmission.

87.14 Night pay

    The ABC must pay a 30% penalty loading to artists for all hours worked between 12 midnight and 6.00 a.m.

87.15 Rates of pay—juveniles

    A Juvenile must be paid not less than 50 per cent of the amount prescribed by clause 59.2 of this award.

87.16 Wardrobe,make-up and hairdressing

    The ABC will pay an allowance of $31.30 per outfit for each week or part of a week where the actor provides an outfit,inclusive of any rental fee where an actor agrees to a request from the ABC to provide their own formal wear wardrobe (including any special character costume).

87.17 The ABC will pay an allowance of $18.75 per outfit for each week or part of a week the actor provides an outfit where an actor agrees to a request from the ABC to provide wardrobe,other than formal wear wardrobe. This allowance is inclusive of any rental fee. The allowance is not payable when the ABC arranges and pays for the outfit to be laundered.

87.18 The ABC will pay an allowance of $31.30 per outfit for each week or part of a week the special extra or extra provides an outfit,inclusive of any rental fee where a special extra or extra agrees to a request by the ABC to provide formal wear wardrobe (including any special character costume).

87.19 Where the ABC requires an artist to provide make-up or dress other than that which would normally be worn by the artist,the ABC will reimburse the artist for the reasonable cost of that make-up or wardrobe subject to prior approval by the ABC of such reasonable costs. This clause will not apply where the ABC provides these items.

88. Superannuation

88.1 In addition to all other payments provided for by this award,the ABC shall make a superannuation contribution to the relevant Superannuation fund as chosen by the artist on behalf of all artists (except as provided for in clauses 88.3 and 88.6 below) who are not members of the Public Sector Superannuation Scheme,equivalent to the percentage prescribed by the Superannuation Guarantee Legislation of the following:

    (a) the performer’s lead or co-leads BNF plus any payments made pursuant to clauses 87.1 to 87.10 of this award (but not any payments under clauses 87.1 to 87.10 which accrue after the artist’s original period of engagement has ended);

    (b) any regular contracted upfront overtime (whether or not worked) paid to the performer for the duration of the engagement.

88.2 Payments that accrue pursuant to clauses 63.3,68,69 and 87.15 of this award are excluded from the calculation of the ABC’s 3 per cent contribution to the relevant superannuation fund as chosen by the artist.

88.3 A juvenile artist is not entitled to the benefits of this clause unless he or she:

    (a) is engaged on a contract for 12 weeks or longer;

    (b) has been employed in the entertainment industry for a minimum of 6 professional engagements;

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

88.4 A juvenile artist must provide any necessary information to the ABC to establish an entitlement under this clause.

88.5 An artist shall provide to the ABC his or her chosen Superannuation details,including their Super membership number.

88.6 A performer who normally resides outside Australia and comes to Australia for the purposes of appearing in a programme produced pursuant to this Part is not entitled to the benefits of this clause.

Schedule A—Summary of expense related allowance

[Varied by PR592430,PR606622,PR704109]

See Parts 8–10 for all the allowances that may apply.

A.1 Adjustment of expense related allowances

[A.1 varied by PR592430 ppc 01Jul17,PR606622,PR704109 ppc 04Feb19]

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.

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

Allowance

Applicable Consumer Price Index figure

Meal allowance

Take away and fast foods sub-group

Travel allowance

Transport group

Make up,clothing,wardrobe and hairdressing allowance (Actors Only)

Clothing and footwear group

   

About this document
(1)
Code:
MA000147
Title:
Australian Broadcasting Corporation Enterprise Award 2016
Effective:
20 Jun 2019
Updated:
24 Jun 2019
Instrument Type:
Modern Award
(3)
Australian Broadcasting Corporation Enterprise Award 2016
Australian Broadcasting Corporation Enterprise Award 2016
Australian Broadcasting Corporation Enterprise Award 2016
Australian Broadcasting Corporation Enterprise Award 2016
(1)
(1)
3 Sep 2016
Related Information
1.0.11.0 SD