PR722493 - Variation - 07 Oct 2020

MA000081  PR722493
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

LIVE PERFORMANCE AWARD 2010
[MA000081]

Live performance industry

JUSTICE ROSS,PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE,7 OCTOBER 2020

4 yearly review of modern awards – Live Performance Award 2010 –modern award varied.

A. Further to the decision [[2020] FWCFB 5307] issued by the Full Bench of the Fair Work Commission on 6 October 2020,the Live Performance Award 2010 is varied as follows:

1. By deleting all clauses,schedules and appendices.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation on 13 November 2020. In accordance with s.165(3) of the Fair Work Act 2009,this determination does not take effect in relation to a particular employee until the start of the employee's first full pay period that starts on or after 13 November 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Live Performance Award 2020

Table of Contents

Part 1—Application and Operation of this Award 4
1. Title and commencement 4
2. Definitions 4
3. The National Employment Standards and this award 8
4. Coverage 9
5. Individual flexibility arrangements 10
6. Requests for flexible working arrangements 11
7. Facilitative provisions 13
Part 2—General Employment Conditions 13
8. Types of employment 13
9. Right to request casual conversion 14
10. Classifications 15
11. Minimum rates 16
12. Time off instead of payment for overtime 17
13. Payment of wages 19
14. General allowances 20
15. Superannuation 23
16. Annual leave 24
17. Personal/carer’s leave and compassionate leave 28
18. Parental leave and related entitlements 28
19. Community service leave 28
20. Unpaid family and domestic violence leave 28
21. Public holidays 29
Part 3—Consultation and Dispute Resolution 30
22. Consultation about major workplace change 30
23. Consultation about changes to rosters or hours of work 31
24. Dispute resolution 32
Part 4—Termination of Employment and Redundancy 32
25. Termination of employment 32
26. Redundancy 34
Part 5—Performers and Company Dancers 35
27. Types of employment 35
28. Weekly employees 36
29. Weekly part-time employees 36
30. Casual employees 36
31. Minimum rates 37
32. Allowances 39
33. Ordinary hours of work and rostering 43
34. Breaks 49
35. Overtime and penalty rates 50
Part 6—Musicians 52
36. Types of employment 52
37. Weekly employees engaged by the call 52
38. Part-time weekly employee 53
39. Casual employees 53
40. Minimum rates 53
41. Allowances 54
42. Ordinary hours of work and rostering 57
43. Breaks 57
44. Overtime and penalty rates 57
Part 7—Striptease Artists 58
45. Types of employment 58
46. Full-time employees 58
47. Part-time employees 59
48. Casual employees 59
49. Classifications 60
50. Minimum rates 60
51. Allowances 61
52. Rostering 62
53. Breaks 62
54. Overtime 63
Part 8—Production and Support Staff 63
55. Full-time employees 63
56. Part-time employees 63
57. Casual employees 64
58. Seasonal employees 64
59. Minimum rates 64
60. Allowances 65
61. Ordinary hours of work and rostering 66
62. Breaks 67
63. Overtime and penalty rates 69
Schedule A —Classification Definitions 71
Schedule B —Summary of Monetary Allowances 85
Schedule C —School-based Apprentices 92
Schedule D —Supported Wage System 93
Schedule E —Agreement to Take Annual Leave in Advance 96
Schedule F —Agreement to Cash Out Annual Leave 97
Schedule G —Agreement for time off instead of payment for overtime 98
Schedule H —Part-day Public Holidays 99
Schedule X —Additional Measures During the COVID-19 Pandemic 101

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Live Performance Award 2020.

1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right,privilege,obligation or liability that a person acquired,accrued or incurred under the award as it existed prior to that variation.

2. Definitions

In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth).
    all purposes means the payment will be included in the rate of pay of an employee who is entitled to the loading,when calculating any penalties or loadings or payment while they are on annual leave (see clauses 63.6 and 63.7).
    archival and/or reference recording means an audio,visual or audio-visual recording of a performance or rehearsal which is not used for commercial sale or use or public broadcast and where:

      •the employer and employee agree in writing to make the recording;and
      •the employer keeps a record of all employees who participate in the recording.

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

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

(b) a performance reference for:

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

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

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

    An archival recording must remain under the control of the owner and is not to be used for any other purpose without the written agreement of all employees who participated in the recording. The terms and conditions of the written agreement are those negotiated between the employer and employees.
    broken week means a week at the start or finish of an employee’s employment in which less than the ordinary number of hours of work and/or performance are given.
    call means a call or direction by the employer to the employee to attend for work at a particular time or for the purposes of photography,wardrobe or other legitimate reasons.
    child performer means a performer under 16 years of age.
    company dancer is an employee of a dance company who is engaged to perform as part of the company of dancers. A company dancer is able to:

(a) demonstrate a sound dance technique;

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

(c) demonstrate an ability to perform in public;

(d) demonstrate stagecraft skills;

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

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

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

    complete percussion kit includes drum kit,timpani,xylophone,marimba,vibraphone,glockenspiel,military drum,tambour,piccolo snare drum,tenor drum,cymbals,triangle,tambourine,maracas,castanets,woodblocks,plus associated stands and fittings,sticks and beaters.
    crewing services employer means an employer that provides casual staff at concert and other venues where employees undertake work that involves the transportation,setting up,operation and dismantling of sound,lighting and associated equipment but does not include employees of venues,producers,promoters or sound and/or lighting companies.
    dance company means an organisation of dancers and associated personnel created to primarily perform repertory dance productions. A dance company will usually engage dancers (company dancers) who will undergo training and class work in addition to preparation for repertoire and other dance productions and will be subject to the direction of a resident choreographer/s and/or artistic director/s. Dancers engaged by a dance company will usually progress through a classification structure based on years of training and professional experience.
    defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
    doubling means when a musician is required to play one or more additional instruments in the same call other than the instrument for which the musician is primarily employed.
    employee means national system employee within the meaning of the Act.
    employer means national system employer within the meaning of the Act.
    engaged by the week means being engaged for at least a week of employment.
    exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
    leading role is a role where the salary of the employee concerned exceeds double the Performer Category 1 Grade 1 rate prescribed in Level 7 of clause 11Minimum rates but is less than the upper salary limit figure as defined in clause 2.
    live performance industry has the meaning given in clause 4.2.
    local show means a show specified as such by the employer where the production is scheduled to take place in one location only and where the employer shall engage for such production only employees who reside in that local area.
    minor supporting role is a role of lesser requirements than those that apply for a supporting role.
    musician means a person who plays a musical instrument or any other person who is employed to provide musical services including but not limited to any type of service which is directly concerned with live music or musicians or the production of musical sound,vocalists,repetiteurs and conductors and others employed as an integral part of a musical group,band or orchestra.
    MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
    NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
    on-hire means the on-hire of an employee by their employer to a client,where such employee works under the general guidance and instruction of the client or a representative of the client.
    overdubbing means where a producer requires a musician to play additional parts.
    pantomime means a production with an appeal primarily for children presented during the school holiday period.
    performance means a performance given by employees before an audience for which the employer receives a payment or other benefit.
    performer is an employee who takes part in a performance and includes an actor,singer,dancer,musician,understudy/swing performer,puppeteer,compere,comedian or any other type of performer.
    place of residence means the place where an employee ordinarily resides.
    principal (musician) or principal musician in any orchestra or band means:

(a) repetiteur violin (that is,a violin sitting with the leader),principal second violin,principal viola,principal cello,principal bass,principal flute,principal piccolo,principal oboe,principal cor anglais,principal clarinet,principal E flat clarinet,principal bass clarinet,principal bassoon,principal contra bassoon,principal alto saxophone,principal tenor saxophone,principal baritone saxophone,principal and third horn,principal cornet,principal trumpet,principal and bass trombone,principal euphonium,principal tuba,principal tympani,principal percussion,principal vibracussion,principal harp,principal piano,principal organ,principal rhythm player (as appointed by the musical director);

(b) the first of any one or more musical instruments other than in (a) above;and

(c) where there is only one player of any one instrument in an orchestra,the player of that instrument.

    production and support staff means employees engaged specifically as production and/or support staff in a live venue or by a live producer.
    repetiteur means a musician employed as a piano/keyboard instrumental player who is required to:

(a) accompany performers backstage,on stage,in a rehearsal room,or in the pit during rehearsals or auditions;and

(b) work as directed,including for any musical preparation to a production.

    run of the play or plays means the period for which an employee’s services have been distinctly contracted for in writing,in any Australian location/s ,for rehearsal of and performances in a particular production/s and starts on the first day of the employee’s rehearsal for the production/s and finishes on the last day or night of the presentation of the production/s in the Australian location/s for which the employee’s services were contracted in writing. It includes a return season/s in a place in which a season has already taken place if the employee’s engagement is still continuing at the time of the starting date of the return season.
    short performance means a performance of up to one hour in duration.
    sound and/or lighting company means a company that services the live performance industry and engages factory and tour employees who are involved in or in connection with the supply,design,production,fabrication,construction,maintenance,installation,setting up,erection,transportation or dismantling of stages,lighting,audio or audio-visual equipment or associated componentry but does not include employees of venues,producers,promoters or crewing services employers.
    specialty entertainment means entertainment provided by artists of international standing or merit,imported or otherwise,engaged as a celebrity act.
    specialty entertainment (musician) means entertainment provided by artists of international standing or merit,imported or otherwise,engaged as a celebrity act.
    specialty entertainment (orchestral musician) means entertainment provided by artists of international standing or merit,imported or otherwise engaged as a celebrity act where the artist is appearing other than in a theatrical production or concert,within the scope of the opera,ballet or symphony concert repertoire,as a celebrity act (orchestral).
    sound balance or seating call means a call where the employee is required to rehearse for the purpose of seating,sound balancing or balancing electronic equipment.
    standard rate means the minimum weekly rate for a Level 4 employee in clause 11.1.
    star role is a role where the salary of the employee concerned exceeds the upper salary limit figure defined in clause 2.
    substantially whole time nature is a performance longer than one hour.
    suitable accommodation means a single room in a modern motel or serviced apartment with private facilities provided that where an employee is required to stay longer than one week in a single location the accommodation must contain cooking facilities,have clean linen supplied once per week and be cleaned at least once per week at the cost of the employer.
    supernumerary means a person appearing only incidentally or in background,or participating only in crowd or background speech or noise,who does not speak,dance or perform individually as directed.
    supporting role is a role where the employee is required to speak more than 40 words or sing solo more than 40 bars of music in the aggregate,or dance solo more than 40 bars of music in the aggregate. A supporting role includes a situation where an employee performs such a role as part of a duo,trio or quartet.
    swing performer is an employee who is engaged to understudy multiple roles in a production and who does not normally appear costumed on stage before an audience during the performance.
    upper salary limit figure will be equivalent to 300% of the minimum hourly rate prescribed in clause 11.1 for a Live Performance Employee Level 7.
    vocalist means a person who sings as a soloist and may be accompanied by other musicians.
    whole time performance means a performance longer than one hour.

3. The National Employment Standards and this award

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

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

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

4. Coverage

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

4.2 Live performance industry means:

(a) producing,including pre-production and post-production,staging,lighting,audio and audio/visual,presenting,performing,administration,programming,workshops,set and prop manufacture;or otherwise undertaking live theatrical,performance art,operatic,orchestral,dance,erotic,variety,revue,comedy,multi-media,choral;or musical performances,productions,presentations,workshops,rehearsals or concerts which are performed or presented in the presence of an audience or recorded by any means;and

(b) includes:

    (i) the provision,sale,service or preparation of food or drink;

    (ii) selling tickets by any means,for or in or in connection with any such performances,productions,presentations,workshops,rehearsals or concerts;and

    (iii) the operation of venues or other facilities,whether permanent or temporary,utilised for such performances,productions,presentations,workshops,rehearsals or concerts.

4.3 This award covers any employer which supplies labour on an on-hire basis in the live performance industry in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. Clause 4.3 operates subject to the exclusions from coverage in this award.

4.4 This award covers employers which provide group training services for trainees engaged in the live performance industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This industry award does not cover:

(a) an employee excluded from award coverage by the Act;

(b) employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees;or

(c) employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

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

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

5. Individual flexibility arrangements

5.1 Despite anything else in this award,an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed;or

(b) overtime rates;or

(c) penalty rates;or

(d) allowances;or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal;and

(b) if the employer is aware that the employee has,or reasonably should be aware that the employee may have,limited understanding of written English,take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee;and

(b) identify the award term,or award terms,the application of which is to be varied;and

(c) set out how the application of the award term,or each award term,is varied;and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made;and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing;and

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

5.8 Except as provided in clause 5.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree,without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time,by written agreement between the employer and the employee;or

(b) by the employer or employee giving 13 weeks’written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

    NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to,and does not affect,any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

    Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.
    NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances,as set out in section 65(1A). Clause 6 supplements or deals with matters incidental to the NES provisions.
    NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on ‘reasonable business grounds’(see section 65(5) and (5A)).
    NOTE 3: Clause 6 is an addition to section 65.

6.2 Responding to the request

    Before responding to a request made under section 65,the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made;and

(c) any reasonable business grounds for refusing the request.

    NOTE 1: The employer must give the employee a written response to an employee’s section 65 request within 21 days,stating whether the employer grants or refuses the request (section 65(4)).
    NOTE 2: If the employer refuses the request,then the written response must include details of the reasons for the refusal (section 65(6)).

6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal,including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2,then the written response under section 65(4) must:

    (i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances;and

    (ii) if the employer can offer the employee such changes in working arrangements,set out those changes in working arrangements.

6.4 What the written response must include if a different change in working arrangements is agreed

    If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee,then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

6.5 Dispute resolution

    Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6,can be dealt with under clause 24Dispute resolution.

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee,or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

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

Clause

Provision

Agreement between an employer and:

16.5

Annual leave in advance

An individual

16.6

Cashing out of annual leave

An individual

21.6,21.7

Production and support staff –substitution of public holiday

An individual

33.1(a)(vii)

Ordinary hours of work and rostering –Performers –timing of lay-off

An individual

33.2(c)(iii),33.2(c)(vi),33.2(c)(viii),33.2(c)(xiii)

Times of rehearsal

An individual

34.1(b)

Breaks –whole time performances

The majority of employees

61.1(g)

Cyclic rostering

The majority of employees

Part 2—General Employment Conditions

8. Types of employment

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

8.2 All employees must be provided with a written statement stating who they are employed by and setting out their classification,rate of pay and hours of work.

8.3 The types of employment for specific categories of employees covered by this award are provided in the following clauses:

9. Right to request casual conversion

9.1 A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.

9.2 A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which,without significant adjustment,the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.

9.3 A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’casual employment may request to have their employment converted to full-time employment.

9.4 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

9.5 Any request under clause 9 must be in writing and provided to the employer.

9.6 Where a regular casual employee seeks to convert to full-time or part-time employment,the employer may agree to or refuse the request,but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

9.7 Reasonable grounds for refusal include that:

(a) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award –that is,the casual employee is not truly a regular casual employee as defined in clause 9.2.

(b) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months;

(c) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months;or

(d) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.

9.8 For any ground of refusal to be reasonable,it must be based on facts which are known or reasonably foreseeable.

9.9 Where the employer refuses a regular casual employee’s request to convert,the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept the employer’s refusal,this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 24Dispute resolution. Under that procedure,the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

9.10 Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in clause 9,the employer and employee must discuss and record in writing:

(a) the form of employment to which the employee will convert –that is,full-time or part-time employment;and

(b) if it is agreed that the employee will become a part-time employee,the days the employee will be required to attend for work and the starting and finishing times for each such day.

9.11 The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

9.12 Once a casual employee has converted to full-time or part-time employment,the employee may only revert to casual employment with the written agreement of the employer.

9.13 A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage),or have their hours reduced or varied,in order to avoid any right or obligation under clause 9.

9.14 Nothing in clause 9 obliges a regular casual employee to convert to full-time or part-time employment,nor permits an employer to require a regular casual employee to so convert.

9.15 Nothing in clause 9 requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

9.16 An employer must provide a casual employee,whether a regular casual employee or not,with a copy of the provisions of clause 9 within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018,an employer must provide such employees with a copy of the provisions of clause 9 by 1 January 2019.

9.17 A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 9.16.

10. Classifications

The classifications in which employees may be employed are set out in Schedule A—Classification Definitions.

11. Minimum rates

11.1 An employer must pay employees the following minimum rates for ordinary hours worked by the employee:

Live Performance employee

Category

Minimum weekly rate
(full-time employee)

Minimum hourly rate

  

$

$

Level 1

Production and Support Staff Level 1 (Induction/Training)

740.80

19.49

Level 2

Production and Support Staff Level 2

805.50

21.20

Level 3

Production and Support Staff Level 3

846.20

22.27

Level 4

Production and Support Staff Level 4

862.50

22.70

Level 5

Production and Support Staff Level 5

889.40

23.41

Level 6

Production and Support Staff Level 6

916.60

24.12

Level 7

Company Dancer Level 1;
Performer Category 1 Grade 1

941.10

Level 8

Company Dancer Level 2;
Production and Support Staff Level 7

975.30

25.671

Level 9

Musician;
Performer Category 1 Grade 2;
Performer Category 2

988.80

Level 10

Company Dancer Level 3;
Production and Support Staff Level 8

1,008.90

26.551

Level 11

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

1040.90

Level 12

Company Dancer Level 5

1075.80

Level 13

Company Dancer Level 6;
Technical Manager

1114.90

Level 14

Company Dancer Level 7;
Principal Musician;
Vocalist

1161.30

Level 15

Conductor-Leader

1260.00

11.2 Further minimum rates for Performers and Company Dancers,Musicians and Striptease Artists are set out in clauses 31Minimum rates,40Minimum rates and 50Minimum rates respectively.

11.3 Higher duties

(a) An employee engaged for more than 4 hours during one day on work carrying a higher rate of pay than their ordinary classification must be paid at the higher rate for all work done on that day.

(b) An employee engaged for less than 4 hours during one day on work carrying a higher rate of pay than their ordinary classification must be paid the higher rate for the actual time worked at the higher classification.

11.4 Supported wage system

11.5 School-based apprentices

11.6 National training wage

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2019. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Live Performance Award 2020 and not the Miscellaneous Award 2020.

12. Time off instead of payment for overtime

12.1 Who this clause applies to

    A full-time or part-time employee engaged by the one employer for a period of at least 12 months.

12.2 Who this clause does not apply to

(a) A performer or company dancer who is engaged for the run of a play/production or for a specific period or task;and

(b) A musician who is engaged for the run of a play/production or for a specific period or task;and

(c) A production and support staff who is engaged on a particular play/production for the duration of that play/production;and

(d) A production and support staff who is engaged for a specific period or task;and

(e) A casual employee.

12.3 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 12.3(a).

(c) An agreement must state each of the following:

    (i) the number of overtime hours to which it applies and when those hours were worked;

    (ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

    (iii) that,if the employee requests at any time,the employer must pay the employee,for overtime covered by the agreement but not taken as time off,at the overtime rate applicable to the overtime when worked;

    (iv) that any payment mentioned in clause 12.3(c)(iii) must be made in the next pay period following the request.

(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

      EXAMPLE:By making an agreement under clause 12.3 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

(e) Time off must be taken:

    (i) within the period of 6 months after the overtime is worked;and

    (ii) at a time or times within that period of 6 months agreed by the employee and employer.

(f) If the employee requests at any time to be paid for overtime covered by an agreement under clause 12.3 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 12.3(e),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 12.3 as an employee record.

(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.

(j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 12 will apply,including the requirement for separate written agreements under clause 12.3(b) for overtime that has been worked.

      NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

(k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 12.3 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

      NOTE: Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 12.

13. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

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

13.2 Casual employees will be paid within 15 minutes of the conclusion of their work but may agree to be paid weekly or fortnightly.

13.3 Payment on termination of employment

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

    (i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination;and

    (ii) all other amounts that are due to the employee under this award and the NES.

(b) The requirement to pay wages and other amounts under clause 13.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

    NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid”to the employee payment instead of giving notice.
    NOTE 2: Clause 13.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 13.3. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
    NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act,may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

14. General allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

14.1 Employers must pay to an employee the allowances the employee is entitled to under clause 14. (Additional allowances may be payable under clauses 31Minimum rates,32Allowances,41Allowances,44Overtime and penalty rates,51Allowances,60Allowances,and 63Overtime and penalty rates).

14.2 Expense-related allowances

    (a) Reimbursement of expenses

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

    (b) Use of vehicle allowance

      An allowance of $0.78 per kilometre will be paid to an employee who is requested by the employer to use their own motor vehicle in the performance of their duties.

    (c) Late night transport

      Where an employee is detained at work until it is too late to travel home by the last train,tram or other regular public transport,the employer will provide that employee with proper transport to their home.

    (d) Laundry allowance

      (i) Weekly and full-time employees

        Where the employer does not launder uniforms,a weekly or full-time employee will be paid a laundry allowance of $3.65 per week for blouses and shirts and $9.48 per week for other garments.

      (ii) Other than weekly and full-time employees

        For employees other than weekly and full-time employees,a laundry allowance of $2.93 per day will be paid up to a maximum of $13.20 per week.

14.3 Expense-related travel allowances

    (a) Travel

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

    (b) Travel to and from airports

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

    (c) Accommodation allowance –1 to 4 days

      Where the employee does not accept employer-provided accommodation and the period of travel involved is less than one week the employer shall pay an allowance of $168.51 per night.

    (d) Accommodation allowance –more than one week (5 working days or more)

      Where the employee does not accept employer provided accommodation and the period of travel involved is one week or more,the employer shall pay an allowance of $128.56 per night up to a maximum of $642.88 per week.

    (e) Accommodation reimbursement

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

    Destination

    Weekly amount
    $

    Sydney and Melbourne

    1287.00

    Adelaide,Hobart,Perth and Brisbane

    908.15

    Canberra

    1106.00

    Other places

    846.56

    (f) Shared accommodation

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

    (g) Meals while travelling –one week (5 working days) or less

      Where the period of travel is one week or less and the employee is not provided with meals during the period of travel,the employer shall pay the employee a meal allowance of $28.82 for each meal period which occurs during the travel.

    (h) Meals while travelling –one week (5 working days) or more

      Where the period of travel is one week or more and the employee is not provided with meals during the period of travel,the employer shall pay the employee a meal allowance of up to a maximum of $292.32 per week or $58.48 per day in a broken week.

    (i) Incidentals allowance while travelling

      Where the period of travel is one week or more,an employee must be paid an allowance for incidentals up to a maximum of $79.72 per week or $15.92 per day in a broken week.

    (j) Eligibility

    (i) Clauses 14.3(c)14.3(i) will not apply:

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

    (ii) The provisions in clause 14.3(j) will apply as though the place of residence of the employee had been correctly stated,where an employer:

        •avoids or seeks to avoid the operation of clause 14.3(j) by inducing any employee or prospective employee to misrepresent their place of residence;or
        •engages an employee where they know that the place of residence of an employee or prospective employees has been misrepresented.

    (k) Transportation of luggage and instruments

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

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

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

15. Superannuation

15.1 Superannuation legislation

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

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

15.2 Employer contributions

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

15.3 Despite the provisions of clause 15.1(a),an employer must also make superannuation contributions to a superannuation fund on behalf of a performer younger than 18 years of age as if the performer were 18 (excluding extras,doubles and stand-ins) if:

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

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

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

15.4 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund,an employee may,in writing,authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 15.2.

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

(c) The employer must pay the amount authorised under clauses 15.4(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 15.4(a) or (b) was made.

15.5 Superannuation fund

    Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 15.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 15.2 and pay the amount authorised under clauses 15.4(a) or (b) to one of the following superannuation funds or its successor:

(a) Media Super;

(b) AustralianSuper;

(c) CareSuper;

(d) Sunsuper;

(e) HOSTPLUS;

(f) Tasplan;

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

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

16. Annual leave

16.1 Annual leave is provided for in the NES.

16.2 Annual leave loading

(a) Before the start of an employee’s annual leave,the employer must pay the employee their ordinary weekly wage plus a loading of 17.5% of the employee’s ordinary weekly wage.

(b) The loading is not payable to an employee who takes annual leave wholly or partly in advance;provided that,if the employee’s employment continues until the day when they would have become entitled to annual leave,the loading then becomes payable in respect of the period of that leave and is to be calculated by applying the ordinary rate of pay applicable on that day.

(c) The loading is not payable for periods of service of less than 12 months.

    NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award,the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

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

16.4 Electronic funds transfer (EFT) payment of annual leave

    Despite anything else in clause 16,an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

16.5 Annual leave in advance

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

(b) An agreement must:

(c) The employer must keep a copy of any agreement under clause 16.5 as an employee record.

(d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 16.5,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

16.6 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 16.6.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 16.6.

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

(d) An agreement under clause 16.6 must state:

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

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

(e) An agreement under clause 16.6 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

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

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

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

(i) The employer must keep a copy of any agreement under clause 16.6 as an employee record.

    NOTE 1: Under section 344 of the Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 16.6.
    NOTE 2: Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 16.6.
    NOTE 3: An example of the type of agreement required by clause 16.6 is set out at Schedule F—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Cash Out Annual Leave.

16.7 Excessive leave accruals:general provision

    NOTE: Clauses 16.7 to 16.9 contain provisions,additional to the NES,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Act.

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

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

(c) Clause 16.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 16.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

(a) If an employer has genuinely tried to reach agreement with an employee under clause 16.7(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However,a direction by the employer under clause 16.8(a):

    (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 16.7,16.8 or 16.9 or otherwise agreed by the employer and employee) are taken into account;and

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

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

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

(c) The employee must take paid annual leave in accordance with a direction under clause 16.8(a) that is in effect.

(d) An employee to whom a direction has been given under clause 16.8(a) may request to take a period of paid annual leave as if the direction had not been given.

    NOTE 1: Paid annual leave arising from a request mentioned in clause 16.8(d) may result in the direction ceasing to have effect. See clause 16.8(b)(i).
    NOTE 2: Under section 88(2) of the Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

16.9 Excessive leave accruals:request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 16.7(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However,an employee may only give a notice to the employer under clause 16.9(a) if:

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

    (ii) the employee has not been given a direction under clause 16.8(a) that,when any other paid annual leave arrangements (whether made under clause 16.7,16.8 or 16.9 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under clause 16.9(a) must not:

    (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 16.7,16.8 or 16.9 or otherwise agreed by the employer and employee) are taken into account;or

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

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

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

(d) An employee is not entitled to request by a notice under clause 16.9(a) more than 4 weeks’paid annual leave in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 16.9(a).

17. Personal/carer’s leave and compassionate leave

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

18. Parental leave and related entitlements

Parental leave and related entitlements are provided for in the NES.

19. Community service leave

Community service leave is provided for in the NES.

20. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances,evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service,a court or family violence support service,or a statutory declaration.

21. Public holidays

21.1 Public holiday entitlements are provided for in the NES.

21.2 An employee whose rostered time off falls on a public holiday as provided for in clause 21 will be:

(a) allowed an additional day off at a time to be agreed between the employer and the employee;or

(b) be paid an additional day’s pay instead within 7 days of the holiday.

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

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

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

(c) In the event that work is not performed on a public holiday such day will be regarded for the purposes of clause 33.3 and all other purposes under this award as a day on which had occurred one of the 8 or 2 of the 12 performances per week provided for in clause 33.3 as the case may be.

(d) A performer required to travel on a public holiday or any other day on which the employee would otherwise be rostered off work,will,unless paid according to the provisions of clause 21.3 for work on that day,be entitled to payment of 8.3% of the employee’s weekly rate in addition to the employee’s weekly rate for the week.

(e) If a company dancer is required by the employer to travel on a public holiday,the employee will be given a day off in the following week,provided that if a day off instead is not provided,the employee will be paid 8.3% of the weekly rate in addition to the rate for the week for travel of up to 3 hours duration,and the minimum hourly rate for each half hour or part thereof for travel in excess of 3 hours.

(f) A performer whose rostered time off falls on a public holiday as provided for in clause 21.3 will be allowed an additional day off at a time to be agreed between the employer and the employee,or be paid an additional day’s pay instead within 7 days of the holiday.

(g) Employees engaged as casuals will be entitled to payment for work on public holidays of 200% of the performance rate per performance or 200% of the hourly rate for rehearsals with a minimum payment as for 4 consecutive hours.

21.4 Musicians

    All work done by a full-time,part-time or casual musician on a public holiday must be paid for at 200% of the minimum hourly rate.

21.5 Production and Support staff

    All employees who work on a public holiday,whether part of an ordinary roster or work cycle or not,will be paid 200% of the minimum hourly rate with a minimum payment as for 4 hours.

21.6 An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

21.7 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

21.8 Part-day public holidays

Part 3—Consultation and Dispute Resolution

22. Consultation about major workplace change

22.1 If an employer makes a definite decision to make major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any);and

(b) discuss with affected employees and their representatives (if any):

    (i) the introduction of the changes;and

    (ii) their likely effect on employees;and

    (iii) measures to avoid or reduce the adverse effects of the changes on employees;and

(c) commence discussions as soon as practicable after a definite decision has been made.

22.2 For the purposes of the discussion under clause 22.1(b),the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature;and

(b) their expected effect on employees;and

(c) any other matters likely to affect employees.

22.3 Clause 22.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

22.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 22.1(b).

22.5 In clause 22,significant effects,on employees,includes any of the following:

(a) termination of employment;or

(b) major changes in the composition,operation or size of the employer’s workforce or in the skills required;or

(c) loss of,or reduction in,job or promotion opportunities;or

(d) loss of,or reduction in,job tenure;or

(e) alteration of hours of work;or

(f) the need for employees to be retrained or transferred to other work or locations;or

(g) job restructuring.

22.6 Where this award makes provision for alteration of any of the matters defined at clause 22.5,such alteration is taken not to have significant effect.

23. Consultation about changes to rosters or hours of work

23.1 Clause 23 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee,other than an employee whose working hours are irregular,sporadic or unpredictable.

23.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

23.3 For the purpose of the consultation,the employer must:

(a) provide to the employees and representatives mentioned in clause 23.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

23.4 The employer must consider any views given under clause 23.3(b).

23.5 Clause 23 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

24. Dispute resolution

24.1 Clause 24 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

24.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

24.3 If the dispute is not resolved through discussion as mentioned in clause 24.2,the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management,as appropriate.

24.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 24.2 and 24.3,a party to the dispute may refer it to the Fair Work Commission.

24.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute,including mediation,conciliation and consent arbitration.

24.6 If the dispute remains unresolved,the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

24.7 A party to the dispute may appoint a person,organisation or association to support and/or represent them in any discussion or process under clause 24.

24.8 While procedures are being followed under clause 24 in relation to a dispute:

(a) work must continue in accordance with this award and the Act;and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

24.9 Clause 24.8 is subject to any applicable work health and safety legislation.

Part 4—Termination of Employment and Redundancy

25. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

25.1 Notice of termination by an employee

(a) Clause 25.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

      Table 1—Period of notice

    Column 1
    Employee’s period of continuous service with the employer at the end of the day the notice is given

    Column 2
    Period of notice

    Not more than 1 year

    1 week

    More than 1 year but not more than 3 years

    2 weeks

    More than 3 years but not more than 5 years

    3 weeks

    More than 5 years

    4 weeks

      NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

(c) In clause 25.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 25.1(b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 25.1(b),then no deduction can be made under clause 25.1(d).

(f) Any deduction made under clause 25.1(d) must not be unreasonable in the circumstances.

25.2 Job search entitlement

(a) Where an employer has given notice of termination to an employee,the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b) The time off under clause 25.2 is to be taken at times that are convenient to the employee after consultation with the employer.

25.3 Special notice required for performers and company dancers

(a) Except in the case of an employee engaged for a run or a casual,a minimum of 2 weeks’notice of termination is required.

(b) In the case of an employee engaged for the run of the play or plays,the employer must give the employee not less than 3 weeks’notice in writing of the conclusion of the tour,season or run except in a case where the tour,season or run has occupied 5 weeks or less at the time of the giving of the notice when the period of the notice will be not less than 2 weeks.

(c) If the employee has been employed by the employer for a consecutive period of 14 months from the date of the employee’s opening performance,the engagement may be terminated by either party giving 4 weeks’notice of such termination in writing to the other party. Such notice must not be given so as to take effect while the company in which the employee is performing is in New Zealand,Tasmania,Perth or Newcastle or is in direct transit between any such places.

    (d) Failure to produce or present production

      If the employer fails to produce or present the production for which the employee is definitely engaged,the following provisions will apply:

    (i) If the contracted period of engagement is 4 weeks or more,the employer will pay to the employee 4 weeks’wages at the employee’s prescribed rate of pay,in satisfaction of all claims.

    (ii) If the contracted period of engagement is less than 4 weeks,the employer will pay to the employee a sum of money equivalent to the wages for that period of engagement,in satisfaction of all claims.

    (e) Employee no longer required for specific part

      Should the employer deem it necessary or desirable that the employee should not play the part for which they were engaged,the employer may during the rehearsal period or within 2 weeks from the date on which the employee has first played the said part and notwithstanding anything hereinafter contained,either give the employee notice in writing terminating their engagement and replace the employee in that part within 3 weeks from the date on which the said notice is given,or where possible,employ them in an alternative role.

26. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

26.1 Transfer to lower paid duties on redundancy

(a) Clause 26.1 applies if,because of redundancy,an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

    (i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer;or

    (ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer,provided that the employer pays the employee as set out in clause 26.1(c).

(c) If the employer acts as mentioned in clause 26.1(b)(ii),the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role,and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

26.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 26 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However,the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

26.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy,the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under clause 26.3(a),the employee must,at the request of the employer,produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 26.3(b).

(d) An employee who fails to produce proof when required under clause 26.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 25.2.

Part 5—Performers and Company Dancers

27. Types of employment

27.1 An employee may be engaged:

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

(b) on an ongoing weekly basis;

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

(d) as a casual.

28. Weekly employees

28.1 A weekly performer or company dancer is an employee who is engaged to work up to a maximum of 38 ordinary hours per week.

28.2 A weekly performer or company dancer must be provided with a written statement setting out their classification,applicable pay scale and terms of engagement.

28.3 A weekly performer or company dancer may be engaged:

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

(b) On an ongoing weekly basis.

28.4 A performer or company dancer may only be engaged for a run of the play or plays if such engagement is confirmed in writing.

28.5 For the avoidance of doubt,weekly employees are treated as full time employees for the purpose of the NES,and accrue all relevant leave entitlements such as personal/carer’s leave and annual leave.

29. Weekly part-time employees

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

29.2 A part-time employee working ordinary time will be paid the minimum hourly rate per hour according to the relevant classification in clause 10Classifications and 11Minimum rates.

29.3 A part-time employee who by agreement works more than their agreed usual number of ordinary hours in any week will be paid at their ordinary rate of pay,subject always to any payment prescribed in clause 35Overtime and penalty rates.

29.4 A part-time employee who performs work in excess of the ordinary hours for a full-time employee as prescribed in clause 33Ordinary hours of work and rostering will be paid at overtime rates in accordance with the provisions in clause 35Overtime and penalty rates.

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

30. Casual employees

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

30.2 A employee will be paid the minimum hourly rate per hour according to the relevant classification in clauses 11.1 and 11.2,plus an additional 25%. This casual loading is paid instead of entitlements such as annual and personal/carer’s leave.

30.3 A casual employee must be paid at the termination of each engagement,but may agree to be paid weekly or fortnightly.

30.4 On each occasion a casual employee is required to attend for work they are entitled to a minimum payment of 3 hours at the appropriate rate.

31. Minimum rates

31.1 The minimum rates for performers and company dancers are set out in clause 11Minimum rates.

31.2 Classification descriptors are set out in Schedule A—Classification Definitions.

31.3 Performers in school tours

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

(a) Rehearsals—the performer rate in clause 11.1.

(b) Performances—the performer rate as set out in clause 11.1 plus 10%.

31.4 Weekly part-time employees (supernumeraries)

(a) Supernumeraries engaged by the week will be paid an hourly rate of $27.55 or a weekly part-time rate of $523.40 for up to 24 hours work.

(b) Supernumeraries on tour will be paid the Performer Category 1 Grade 1 rate of pay in clause 11.1 and the applicable travel allowances set out in clause 14.3.

31.5 Child Performers

    (a) 14 years of age and under

    (i) Not on tour—45% of the total minimum weekly rate as set out in clause 11.1 for a Performer Category 1,Grade 1 or Grade 2.

    (ii) On tour—applicable adult rate in clause 11.1.

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

    (i) Not on tour—55% of the total minimum weekly rate in clause 11.1 for a Performer Category 1,Grade 1 or Grade 2.

    (ii) On tour—applicable adult rate in clause 11.1.

31.6 Casuals

    (a) Whole time performance

    (i) Casual employees who are 16 years or older will for each whole time performance be paid 16.7% of the appropriate weekly adult rate in clause 11.1,plus a 25% casual loading.

    (ii) The maximum length of each performance will be 3 hours (2.5 hours for Company Dancers),exclusive of making up or taking off.

    (b) Short performances

    (i) For performances of less than one hour,a casual employee will not be paid per performance but will be paid 16.7% of the appropriate per week adult rate plus 25% for a 3 hour call exclusive of any making up or taking off.

    (ii) A casual employee may be required to undertake a number of performances during the 3 hour call,provided that adequate rest breaks are provided between performances.

    (c) Rehearsals

    (i) An employee who is 16 years or older and is required to rehearse will be paid $41.40 per hour for one hour (minimum) and $20.70 for each subsequent half hour or part thereof.

    (ii) Provided however that if the employee desires to leave the rehearsal before the completion of one hour’s rehearsal,payment will be at the rate of $20.70 per half hour or part thereof for the time actually worked.

    (d) Casual employees on tour

      Casual employees on tour will be paid the applicable travel allowances in clause 14.3.

    (e) Casual supernumeraries

      Casual supernumeraries will be paid $29.33 per hour with a minimum call of 3 hours for performances and 2 hours for rehearsals.

    (f) Cancellation of engagement

    (i) If an engagement that has been made is cancelled by the employer less than 10 days before the date of the performance for which the employee was engaged,the employee will receive payment in full.

    (ii) If an open air performance is postponed because of rain the employee will receive half the fee if re-engaged for a subsequent presentation not later than 3 weeks after the date of the postponement,otherwise the employee will receive full payment.

31.7 Auditions

    Auditions shall not be made in public and shall not be paid for unless the number requested by the Employer exceeds 3 in any period of 28 days. The 4th and any subsequent audition in any 28-day period will be paid at the casual hourly rehearsal rate as prescribed in clause 31.6(c) of this award.

31.8 Special provisions for company dancers

    (a) Training level

    (i) Engagement of dancers at a training level will be subject to agreement between the employer concerned and the prospective employee. The agreement will include all aspects of the traineeship including the applicable rate of pay. In reaching agreement on specific traineeships the standard principles applying to traineeships will apply.

    (ii) An employee engaged at the training level will be paid between $724.20 and $849.50 per week.

    (iii) Despite clause 31.8(a)(ii) a company dancer who is less than 16 years old and engaged as a full-time member of the company will be paid no less than the relevant adult minimum rate.

    (b) Auditions

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

32. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

32.1 Employers must pay to an employee the allowances the employee is entitled to under clause 32.

32.2 Wage-related allowances

    (a) Nude allowance

      An employee who agrees to appear nude or semi-nude will be paid no less than an additional $23.72 per week.

    (b) Assistant Stage Manager

      An employee who is required to act as an Assistant Stage Manager as part of their duties will be paid an additional $46.58 per week.

    (c) Driver

      An employee who is required to perform work as driver or a person in charge whilst on tour will be paid no less than an additional $60.38 per week.

    (d) Special attendance before commencement of employment—other than television or radio

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

    (ii) The employer will pay the prospective employee for the time of the attendance at the casual rehearsal rate prescribed in clause 31.6(c),with a minimum payment for 3 hours.

    (iii) In addition,the employer will pay the prospective employee for the cost of travel to any venue or location.

    (iv) The attendance will be within the ordinary hours of work prescribed in clause 33Ordinary hours of work and rostering.

    (e) Special attendance during period of employment—other than television or radio

    (i) Where an employer directs an employee to attend at the employer’s place of business,a still photographic studio or another location agreed between the employer and the prospective employee for the purposes of wardrobe,fitting,publicity,public relations,still photography or any other matter connected with the employer’s business (except radio or television appearances and/or interviews) the time of the attendance will be counted as time worked with a minimum payment for 2 hours for each attendance.

    (ii) Where a special attendance is required before,during or after a rehearsal or performance call,the time of the special attendance will be counted as time worked.

    (f) Making of an advertisement—television or radio

      Where an employee performs in a segment of a production that is filmed or otherwise recorded for publicity purposes and that is made into an advertisement for the purpose of being transmitted by television or radio as paid advertisement for the production,that employee will be paid $42.26 per hour with a minimum payment as for 4 hours.

    (g) Recording of a live production

      Except as provided for in clause 32.2(f),recording of a live production will be subject to the following:

    (i) the terms and conditions for a recording of a live production will be agreed between the employer and the employee in writing before recording begins;and

    (ii) the employer will give the employees reasonable written notice of the intention to record a live production before the recording is proposed to take place.

    (h) Allowances applicable to Performers

      (i) Understudy weekly allowance

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

      Part understudied

      $ per week

      Star role

      58.48

      Leading role

      41.75

      Supporting role

      25.10

      Minor supporting role

      20.01

      (ii) Understudy per performance allowance

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

      Part performed

      $ per performance

      Star role

      125.41

      Leading role

      83.49

      Supporting role

      50.20

      Minor supporting role

      40.02

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

      (iv) Dance Captain allowance

        A member of the ensemble of performers who acts as dance captain or who under the direction of the employer or the employer’s representative supervises the work of the ensemble of performers will be paid a minimum of $44.68 extra per week in addition to their weekly rate.

    (i) Deputy Ballet Master/Mistress (for Company Dancers)

    (i) A member of the company of dancers who acts on a regular basis as Deputy Ballet Master/Mistress and who,under the direction of the Artistic Director,supervises classes and performs other related additional duties,will be paid a minimum of $105.14 extra per week in addition to their weekly rate.

    (ii) A member of the company of dancers who,on the direction of the Artistic Director supervises classes on an irregular basis will be paid a minimum of $52.53 extra per class in addition to their weekly rate.

32.3 Expense-related allowances

    (a) Wardrobe and make-up

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

        •special body make-up other than facial make-up if required by the employer;
        •make-up for supernumeraries;and
        •shoes of suitable physical requirement as required by a performance.

    (ii) Where the employer provides special body make-up,make-up for supernumeraries or required shoes,the reimbursement in clause 32.3(a)(i) will not be payable.

    (iii) An employee required by the employer to provide any suit,frock,costume,stockings,leotards and fleshings,wigs and wig appurtenances and haberdashery or other article,not in the employee’s possession will be reimbursed their actual cost.

    (iv) Where the articles prescribed in clause 32.3(a)(iii) are already in the employee’s possession,the employer will pay the employee an allowance of $8.20 per week for each article supplied by that employee with a minimum payment of $10.50 per week. An additional $4.15 per week will be paid for each pair of shoes required by the employer for use in performance or rehearsal.

    (b) Special shoe allowance applicable to Company Dancers

    (i) The employer will reimburse employees the cost of:

        •pointe shoes as required;
        •at least 8 pairs of flat ballet shoes per year;and
        •appropriate footwear for use on non-dance surfaces where a work is specifically choreographed for such a surface.

    (ii) Where the employer provides the shoes prescribed in clause 32.3(b)(i) the reimbursement will not be payable.

33. Ordinary hours of work and rostering

33.1 Performers

    (a) General conditions

    (i) Subject to clause 35.1(c),the ordinary hours of work are 38 hours in any one week,except in the week immediately prior to opening night,or the first public performance,no more than 48 hours per week. The employer will advise the employee as soon as practicable after the commencement of rehearsals during which week the 48 hours will be worked.

    (ii) Ordinary hours will be worked between 9.00 am and 11.15 pm on no more than 6 days in any one week.

    (iii) Ordinary hours will not exceed 8 hours in any one day.

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

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

    (vi) The minimum time to be credited to an employee for each rehearsal or any extra session such as wardrobe and photo calls will be 2 hours. However,where extra calls are held either immediately before or after a rehearsal or performance call they will only be counted as time worked.

    (vii) The employer will have the right to lay off an employee at the applicable award rate for no more than 3 weeks in a period of 26 weeks (pro rata for any period of less than 26 weeks),provided that:

        •lay-off time may be accumulated to a total of 3 weeks;and
        •a lay-off will only be applied on movement of a production from one theatre to another,except by mutual agreement between the employer and the employee.

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

        •rehearsal days at the beginning of the engagement will be paid at 16.7% of the employee’s salary;
        •performances at the conclusion of the engagement will be paid at 12.5% of the employee’s salary;and
        •where a production is transferred from one location to another and where lay-off time is not applicable and where a mix of performing and non-performing days occur,the employee will receive their ordinary performance salary in full.

    (b) Rosters

      An employee will be given at least 24 hours’notice of any change in their rehearsal and/or performance scheduled hours except during the 7 day period before the opening performance in which case 12 hours’notice will be given.

    (c) Country tour

      Where an employee is engaged on a country tour,travel will occur as follows:

    (i) on any day on which a performance or rehearsal is to be held—between 9.00 am and 4.00 pm;and

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

    (d) Travel time to be counted as time worked

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

    (e) Organisation of work

    (i) An employee will be given a break of 11 clear hours between finishing one day’s work and starting another.

    (ii) On a day on which no performance is worked,the hours worked will be continuous except for the breaks prescribed in clause 34Breaks.

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

        •vocal and physical warm up immediately prior to a performance or dress rehearsal sufficient to minimise injury;and
        •classes and/or notes reasonably required to be completed by the employer.

(f) A rehearsal may not be held on a day when more than one performance of a substantially whole time nature is given,except in the case of an emergency and with the agreement of the majority of the cast.

    (g) School tours

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

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

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

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

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

    (vi) Where an employee requests to make their own way to the next working venue and the employer agrees,the employee will be paid the travelling allowance that would have been paid if they had travelled by the form of transport that the employer would have provided or that the employer did provide to the remainder of the company.

    (vii) The number of performances constituting a week’s work will not exceed 10 when the performances are no longer than 1.5 hours duration each (or 2 hours inclusive of discussion after performance).

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

    (ix) A performer will be paid and extra 10% of their minimum rate for each performance in excess of 10 or 15 (as the case may be).

33.2 Company Dancers

    (a) General conditions

    (i) The ordinary hours of duty will not exceed 38 hours in any one week.

    (ii) No more than 7 hours and 36 minutes on any one day will be worked.

    (iii) The employer will use their best endeavours to schedule 5 classes a week that will be compulsory and counted as time worked.

    (iv) Where the performance and rehearsal schedule of an individual employee is onerous or where some other special circumstance exists,the employer may make prior arrangements with an employee that the employee need not attend a scheduled class. Non-attendance under clause 33.2(a)(iv) is to be without loss of pay.

    (v) Any non-attendance at a class (without reasonable explanation) other than in accordance with clause 33.2(a)(iv),or as elsewhere prescribed in this award,will be subject to loss of pay.

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

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

    (viii) The preparation time referred to in clause 33.2 and the warm-up time provided under clause 33.2(a)(vii) will be regarded in total and it will be at the discretion of the employee as to the order in which preparation and warm up are carried out.

    (ix) An employee will be given a break of 12 hours clear of warm-up,dressing,making up,warm-down,undressing and removing make-up between finishing one day’s work and starting another. In the case of travelling and/or schools work on the following day,the break may be reduced to 11 hours if necessary.

    (b) Rosters

    (i) A roster of performance and rehearsal hours will be provided by the employer weekly,giving the employee at least 3 days’notice of their forthcoming schedule.

    (ii) A copy of the roster will be made available to each employee and a master copy will be prominently displayed on a noticeboard.

    (iii) An employee will be given at least 48 hours’notice of any change in their rehearsal and/or performance hours except in the case of emergency,or during the 7 day period before the opening performance,in which case 12 hours’notice will be given.

    (c) Times of rehearsal

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

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

    (ii) Rehearsals will be held on Monday to Friday.

    (iii) Despite clause 33.2(c)(ii) a rehearsal may be held on a Saturday if the employee is given a day off instead on the following Monday or on some other day as mutually agreed. As far as possible the other day off will be in the week following the Saturday rehearsal.

    (iv) A maximum of 7 hours and 36 minutes will be worked on any one day.

    (v) Rehearsals will not start before 9.30 am and will finish by 6.30 pm.

    (vi) By mutual agreement between the employer and employee rehearsals may be held in the afternoon and evening. In such cases rehearsals will not start before 1.30 pm and will finish by 10.30 pm,except in the week prior to the start of a new production,where rehearsals will finish by 11.00 pm.

    (vii) A break of at least one hour for lunch will be given between 12 noon and 2.00 pm.

    (viii) Where afternoon and evening rehearsals are agreed upon under clause 33.2(c)(vi) there will be a 1.5 hour dinner break between 5.00 pm and 7.30 pm. By mutual agreement between the employer and the employee,the length of the break may be varied. However,in no case will the dinner break be less than one hour.

    (ix) When more than one rehearsal call or call for other work is made on one day,a one hour break,clear of any dressing,undressing,redressing and make-up,will be given to employees after each 4 hours of work.

    (x) A 15 minute rest break will be given:

        •in the morning following class;and
        •during the afternoon or evening rehearsal session.

    (xi) In the period of one week before the start of a new production,a maximum of 44 hours may be worked in the 6 days,Monday to Saturday.

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

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

    (d) Rehearsal and performance

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

    (ii) A maximum of 7 hours and 36 minutes will be worked on any one day.

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

    (iv) On any day in which one performance only is given,one rehearsal/class of 4 hours may be held by the employer except as otherwise provided in this award. The rehearsal/class will not start before 10.30 am,unless otherwise agreed,and will end no later than 4 hours before the call for the next performance of the employer’s production.

    (e) Performance

    (i) The ordinary hours during which a performance may be held will be from 10.00 am (start of a performance) to 11.30 pm (end of a performance) on any 6 days Monday to Saturday.

    (ii) Should a performance extend beyond 11.30 pm the employee will be paid 200% of the minimum rate for all time worked after 11.30 pm.

    (iii) There will be at least 45 minutes clear of warm-up,dressing,undressing,make-up or taking off make-up between the end of one performance and the start of another performance on the same day except by mutual agreement.

    (iv) If there is a break of less than 2 hours between the end of one performance and the start of the next performance on the same day,the employer will:

        •provide the employee with a satisfactory meal;or
        •pay to the employee an amount of $18.54 instead of the meal.

    (v) A performance will not exceed 3.75 hours in duration,provided that in the case of a performance with 2 intervals,the maximum performance time will be 4 hours. The 3.75 or 4 hours will include warm-up,dressing and making up time and taking off make-up and undressing time as specified in clause 33.2(a).

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

33.3 Number of performances

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

 

Performance length

Maximum number
of performances

Performers

A substantially whole time production or pantomime

8

Up to one hour in duration

12

Company Dancers

A substantially whole time production or pantomime

7

Up to one hour in duration

10

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

    (i) in the case of additional performances of a substantially whole time production (excepting pantomimes),the employee will be paid 12.5% of their minimum weekly rate for each additional performance exceeding 8;

    (ii) in the case of additional performances of pantomime exceeding 8 but not exceeding 12,the employee will be paid an additional 12.5% of their minimum weekly rate for the first performance exceeding 8 and then an additional 6.25% of their minimum weekly rate for each performance in excess of the ninth performance in any such week;and

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

(c) If an employee is engaged by the week pursuant to clause 28Weekly employees to appear in 2 or more different contemporaneous productions for the same employer,each production will be deemed to be a separate week’s engagement for the purpose of clause 33.3.

(d) Despite clause 33.3(c),when one of the productions is a pantomime the employee will be paid an additional 12.5% of their minimum weekly rate for each performance exceeding 8 in a week.

34. Breaks

34.1 Whole time performances

(a) No employee will be required to work for more than 4 hours,or by agreement with a majority of the cast involved 5 hours,without a substantial break for a meal,recuperation and refreshment.

(b) A break as prescribed in clause 34.1(a) above shall be of a minimum duration of one hour if taken before 4 pm or 1.5 hours if taken after 4 pm,provided that the length of such break may be varied by mutual agreement between the employer and the majority of employees. However,in no case will the break be less than one hour.

(c) Such breaks will be unpaid.

(d) During rehearsals,a reasonable refreshment break will be provided to employees to be counted as time worked.

(e) There will be a break of not less than 45 minutes clear of dressing,undressing,making up or taking off make-up between the end of one performance and the start of another performance on the same day. If there is a break of less than 2 hours between the end of one performance and the start of the next performance the employer will provide an employee with a satisfactory meal,including tea and coffee. Alternatively,the employer may pay to the employee an amount of $28.82 instead of the said meal.

(f) There will be a clear break between the end of a full rehearsal and the start of another full rehearsal or performance of 1.5 hours,provided that the length of such break may be varied by mutual agreement between the employer and the majority of employees. However,in no case will the break be less than one hour.

34.2 Performances of up to an hour

    No employee will be required to work continuously in excess of 4 hours,or by agreement with a majority of the cast involved 5 hours,without a substantial break for a meal,recuperation and/or refreshment.

34.3 Breaks for travel

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

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

    (i) Sydney/Perth;

    (ii) Brisbane/Perth;

    (iii) Melbourne/Perth.

(b) An employer may not require an employee to work on any day on which the employee has travelled for more than 4 hours,unless the employee agrees otherwise.

(c) Where an employee is required to travel other than as specified above,a 2 hour break will be given between arrival at the destination and any rehearsal call or performance.

35. Overtime and penalty rates

35.1 Performers engaged by the week or for a longer period

(a) All time worked in excess of 8 hours on any one day will be paid for at 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after that.

(b) Subject to 35.1(c) all time worked in excess of 38 hours in any one week will be paid at 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after that.

(c) All hours worked in excess of 38 in a week as per clause 33.1(a) shall be displayed on the employee’s pay slip as a negative balance and where less than 38 hours are worked in a subsequent week the difference in hours shall be added to the negative balance until this reaches zero. If at the completion of the engagement or the completion of 12 months from the first date of engagement,whichever is earlier,the balance has not reached zero,the employee will be paid at 150% of the minimum hourly rate for the outstanding hours.

35.2 General—applicable to weekly or casual engagements

    Where any of the intervals or breaks due to an employee are restricted or extended beyond the hours specified under this award,the employee will be paid overtime at the rate of 150% of the minimum hourly rate for each 15 minutes or part thereof of the restriction or extension.

35.3 Performers engaged casually other than supernumeraries

(a) An employee required to work beyond the hour of 11.30 pm or who is detained for work or any other reason beyond the hour of 11.30 pm by the employer will be paid at the rate of 8.3% of the appropriate casual call rate for such employee for each half hour or part thereof beyond 11.30 pm that the employee is required to work or is detained,in addition to any other payments for overtime,etc. and the ordinary fee applicable to such employee.

(b) If the performance call is longer than 3 hours or if the employee is detained by the employer during an engagement for more than 3 hours (excluding dressing/making up and dressing/removing make-up etc.) the employee will be paid at the rate of 16.7% of the casual rate for each half hour or part thereof in excess of 3 hours that the employee is detained by the employer.

(c) The third or any subsequent call on any day will be paid at the rate of 150% of the casual rate,unless a higher penalty rate applies.

35.4 Company Dancers

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

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

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

    (iii) Where an employee is paid for an extra performance pursuant to clause 33.3(b)(i) and 33.3(b)(iii),the hours paid for in relation to that extra performance will not be taken into account when calculating the weekly total of hours.

    (iv) Overtime is all work performed in excess of:

        • the prescribed weekly total of hours;
        •outside the prescribed spread or range of hours;or
        •as the result of a prescribed break or interval having been restricted or extended beyond the hours specified.

    (v) All overtime will be paid for at 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours.

    (vi) In the case of an emergency cast replacement where a rehearsal is held on a day when 2 performances are given,overtime will be paid at 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate for the duration of the rehearsal period.

    (b) Engaged casually

      A casual employee will be paid an additional 8.3% of the appropriate casual rate for each half hour or part thereof that the employee is required to work or is detained by the employer for any other reason past 11.30 pm. The payment is made in addition to any other payments for overtime,etc. and the minimum rate of pay applicable to the employee.

35.5 Sundays –Performers and Company Dancers

    For any work performed on Sundays,including rehearsal,the minimum rates per performance or 3 hour rehearsal session will be as follows:
    (a) Payment for employees engaged by the week or for a longer period

    (i) Where the time worked is in addition to the employee’s prescribed weekly hours of work,the employee will be entitled to an additional payment of an amount equivalent to 33.3% of the employee’s minimum weekly rate.

    (ii) Where the time worked is part of the employee’s prescribed weekly hours of work,the employee will be entitled to an additional payment of an amount equivalent to 16.7% of the employee’s minimum weekly rate provided that the employee’s hours of work in that week will be arranged to provide the employee with one complete day off duty in that week.

(b) An employee required by the employer to travel on a Sunday will be:

    (i) given a day off in the following week;or

    (ii) paid an additional

        •8.3% of the employee’s minimum weekly rate for travel of up to 3 hours duration;and
        •for each half hour or part thereof of travel in excess of 3 hours,the employee will be paid an additional 100% of the minimum hourly rate.

    (c) Payment for employees engaged casually

      A casual employee will be entitled to payment for work on Sundays as follows:

    (i) for a performance,200% of the prescribed minimum rate per performance;or

    (ii) for a rehearsal,200% of the prescribed casual hourly rehearsal rate in clause 31.6(c) with a minimum payment as for 4 consecutive hours.

Part 6—Musicians

36. Types of employment

36.1 A musician may be engaged:

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

(b) on an ongoing weekly basis,by the call;

(c) on a weekly part-time basis,by the call;or

(d) as a casual,by the call.

37. Weekly employees engaged by the call

37.1 A musician will be engaged for a minimum of 6,3-hour calls per week and paid as a weekly employee for at least one week. The engagement will be confirmed in writing.

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

37.3 Where a musician is engaged for any fixed number of calls per week,the number of calls will not be reduced except by notice of not less than one week.

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

38. Part-time weekly employee

38.1 A part-time weekly employee will be an employee engaged for a minimum of 2 calls per week and a maximum of 6 calls per week for a period of at least 4 consecutive weeks. The employer will confirm the terms of engagement in writing where the employee requires.

38.2 A part-time weekly employee will be entitled to the same conditions of employment that a weekly employee is entitled to under this award. The entitlement will be proportionate to the average hours worked by the employee per week.

39. Casual employees

39.1 Where an employee who is not engaged as a weekly employee or part-time weekly,he or she will be engaged as a casual employee.

39.2 At least 48 hours’notice will be given of cancellation of a casual engagement either personally or to an address provided to the employer by the employee at the time of engagement. Where an employer fails to give 48 hours’notice,full payment will be made.

39.3 A casual musician will be paid by the hour with a minimum payment of 3 hours i.e. a call. The casual call rate is the call rate prescribed in clause 40.1 for the relevant classification plus an additional 25%. This casual loading is paid instead of entitlements such as annual and personal/carer’s leave.

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

40. Minimum rates

40.1 Minimum rates for Musicians are set out in the table below:

Classification

Level

Weekly Employees

Casual Employees

 

Per Hour

Per 3-Hour Call

Per Hour

Per 3-Hour Call

  

$

$

$

$

Musician

9

41.20

123.60

51.50

154.50

Musician required to accompany artists

11

43.37

130.11

54.21

162.63

Principal Musician

14

48.39

145.17

60.49

181.47

Conductor-Leader

15

52.50

157.50

65.63

196.89

40.2 Except as provided in clause 40.6,weekly musicians will be engaged by the call. The hourly rate is calculated by dividing the appropriate minimum weekly rate in clause 11.1 by 24 with a minimum payment as for 3 hours. The minimum weekly wage for musicians is 6 calls.

40.3 The minimum rate of pay for all casual employees as defined will be the total minimum hourly rate for weekly employees prescribed in clause 40.1 above plus a loading of 25% with a minimum payment for 3 hours for each engagement.

40.4 Conductor-Leader

(a) Where there are 3 or more musicians,a Conductor-Leader will be paid the appropriate rate plus a loading of 13.3% of that rate.

(b) A Conductor-Leader employed in grand opera,grand ballet,concerts or religious performance will be paid the appropriate rate plus a loading of 10% of that rate.

40.5 Instrumentalist playing alone

    An instrumentalist playing alone will be paid the appropriate rate plus a loading of 17.5% of that rate.

40.6 Repetiteur rate

(a) Where a repetiteur is employed by a ballet company,opera company or other like company on a full-time or part-time basis,the repetiteur will be paid the weekly rate provided at Level 14 of the classification structure and will work a 38 hour week as a full-time employee or less than 38 hours per week as a part-time employee.

(b) A repetiteur engaged as a casual employee will be paid the appropriate casual rate as prescribed in clause 40.1 of this award plus a loading of 12.5%.

41. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

41.1 Employers must pay to an employee the allowances the employee is entitled to under clause 41.

41.2 Wage-related allowances

    (a) Doubling allowance

    (i) Where an employee is required to double on one or more additional instruments a doubling allowance will be paid as follows:

    Instrument supplied by

    Rate per additional instrument per call

    Musician

    14.5% of the total minimum call rate

    Employer

    9.5% of the total minimum call rate

      (ii) Percussionists

        A percussionist will receive the doubling allowance in clause 41.2(a) in respect of each of the xylophone,vibraphone,tympani,and either the marimba or glockenspiel,but not both.

    (b) Supply of music

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

    (i) weekly employee—$34.50 per week;or

    (ii) casual employee—$11.21 per call.

    (c) Soloists

      An employee performing solo in an orchestra will receive $6.04 per instrument per call.

    (d) Setting up time

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

    (e) Employee playing in specialty entertainments

      Where an engagement customarily accepted as speciality is for more than 6 days,the rate will be the appropriate rate plus a loading of 66.7% of that rate.

    (f) Broadcast,telecast,filmed or recorded

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

    (i) $120.92 per performance for a televised performance,and:

        •if a Principal,the payment in clause 41.2(f)(i) and an additional 25%;
        •for doubling,25% extra per additional instrument per call;and
        •for overdubbing,an additional minimum call fee,

    (ii) a minimum payment of $130.41 per radio broadcast for a call up to 3 hours in which there can be 21 minutes of finished material,and:

        •if a Principal,the payment in clause 41.2(f)(ii) and an additional 25%;
        •for doubling,25% extra per additional instrument per call;
        •for overdubbing,an additional minimum call fee;and
        •for any time worked in excess of the initial 3-hour call in respect of completion of the initial 21 minutes of finished recording,the employee will be paid 150% of the minimum hourly rate,with a minimum payment of one hour,

    (iii) $248.57 per simulcast (radio and television,single use within Australia),and:

        •if a Principal,the payment in clause 41.2(f)(iii) and an additional 25%,

    (iv) $178.54 for each audio-visual or visual recording of a performance,and

        •if a Principal,the payment in clause 41.2(f)(iv) and an additional 25%;and
        •for doubling,25% extra per additional instrument per call;
        •for overdubbing,an additional minimum call fee,

    (v) $130.41 for each audio recording of a performance for which there can be 21 minutes of finished material,and:

        •if a Principal,the payment in clause 41.2(f)(v) and an additional 25%;and
        •for doubling,25% extra per additional instrument per call;
        •for overdubbing,an additional minimum call fee;
        •to record more than 21 minutes of finished material,the employee will be paid 150% of the minimum hourly rate for a minimum of one hour.

    (vi) The provisions of clause 41.2(f) of this shall not apply to an archival and/or recording as defined.

41.3 Expense-related allowances

(a) Each employee (including a casual employee) who supplies one or more instruments must be paid an instrument upkeep allowance of $1.66 per instrument,per call.

(b) A harpist must be paid an instrument upkeep allowance of $4.36 per call.

(c) Where a weekly percussionist provides the complete percussion kit,or a substantial part of the percussion kit,as defined in clause 2Definitions,they must be paid in addition to their ordinary rate of pay an allowance of $10.56 per week.

42. Ordinary hours of work and rostering

Subject to the overtime provisions in clause 44Overtime and penalty rates,the duration of a call will not exceed 3 hours and will include all intervals and breaks as time worked.

43. Breaks

43.1 All employees will be entitled to a break of at least 15 minutes in each call of more than 2 hours.

43.2 For the purposes of clause 43.1,break means a period in which an employee will not be required to perform musical services and will count as time worked.

43.3 Employees will be entitled to at least one hour’s break between 2 or more calls per day and the break will not count as time worked.

44. Overtime and penalty rates

44.1 All time worked by any employee on Monday to Saturday over or outside the prescribed time of any call will be paid for at 150% of the minimum rate.

44.2 Despite clause 44.1,all time worked between 12 midnight and 7.00 am will be paid for at 200% of the minimum rate.

44.3 Any call in excess of 2 worked on any one day will be paid for at 150% of the minimum rate.

44.4 Overtime payments will be made in respect of each 15 minutes or part thereof,provided that where the time limit of a call is exceeded by 5 minutes or less,that time will not be counted for the purposes of calculating overtime payments.

44.5 If an employee is directed to appear at a call which starts within one hour of the end of a call at which that employee has appeared,the employee will be paid for the second call at the overtime rates prescribed in clause 44,unless there has been a complete change of audience between the 2 calls.

44.6 Sundays

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

    (i) Weekly employees—200% of the minimum hourly rate with a minimum payment as for 3 hours.

    (ii) Casual employees—200% of the minimum hourly rate.

(b) An employee who is required by their employer to travel on a Sunday will be paid $11.30 in addition to the applicable allowances in clause 14.2,unless paid the Sunday rate in clause 44.6.

Part 7—Striptease Artists

45. Types of employment

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

(a) full-time employees;

(b) part-time employees;or

(c) casual employees.

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

46. Full-time employees

46.1 An employer may employ full-time employees in any classification in clause 49Classifications.

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

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

46.4 At the time of engagement the employer and the full-time employee will agree in writing on the arrangement of work,specifying at least:

(a) the hours worked each day;

(b) which days of the week the employee will work;and

(c) the actual starting and finishing times each day.

46.5 Any agreed variation to the arrangement of work under clause 46.4 will be recorded in writing.

46.6 All time worked in excess of the hours agreed under clause 46.4 or 46.5 will be overtime and paid for at the rates prescribed in clause 54Overtime.

46.7 For each ordinary hour worked,a full-time employee must be paid the minimum hourly rate for the appropriate classification.

46.8 For all ordinary time worked between 7.00 am Sunday and 7.00 am Monday,a full-time employee will be paid 175% of the appropriate minimum hourly rate.

46.9 A shift cannot be longer than 10 hours.

47. Part-time employees

47.1 An employer may employ part-time employees in any classification in clause 49Classifications.

47.2 A part-time employee is an employee who:

(a) works less than 38 hours per week;

(b) has reasonably predictable hours of work;and

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

47.3 At the time of engagement the employer and the part-time employee will agree in writing,on a regular pattern of work,specifying at least:

(a) the hours worked each day;

(b) which days of the week the employee will work;and

(c) the actual starting and finishing times each day.

47.4 Any agreed variation to the regular pattern of work in clause 47.3 will be recorded in writing.

47.5 An employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any shift.

47.6 An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 48Casual employees.

47.7 All time worked in excess of the hours as mutually arranged under clause 47.3 or 47.4 will be overtime and paid for at the rates prescribed in clause 54Overtime.

47.8 For each ordinary hour worked,a part-time employee must be paid the appropriate minimum hourly rate.

47.9 For all ordinary time worked between 7.00 am Sunday and 7.00 am Monday,a part-time employee will be paid 175% of the appropriate minimum hourly rate.

47.10 A shift cannot be longer than 10 hours.

48. Casual employees

48.1 An employer may employ casual employees in any classification in clause 49Classifications.

48.2 A casual employee working in an entertainment venue,including venues housing peepboxes,will be paid the appropriate minimum hourly rate for each hour worked,plus the following additional loadings for work performed:

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

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

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

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

48.3 A casual employee is entitled to a minimum payment for 2 hours work or 2 performances on each occasion the casual employee is required to attend work.

48.4 A shift cannot be longer than 10 hours.

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

48.6 Casual agency employees

(a) Casual employees booked by an agency on a public holiday prescribed in this award will be paid as per clause 48.2(d).

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

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

(d) Casual employees of an agency may accept employment from other agencies or entertainment venues provided they do not accept bookings or shifts that conflict with each other.

(e) A casual agency employee will not accept private bookings not made by an agency.

(f) A casual agency employee will contact the agency if unable to attend a booking and the agency will be responsible for re-booking another employee.

49. Classifications

49.1 Bar/waiting staff means a bar attendant or waiter,personnel wearing skimpy lingerie,bikini,see-through,topless or g-string costumes,or going nude.

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

50. Minimum rates

An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

 

Minimum weekly rate
(full-time employee)

Minimum hourly rate

 

$

$

Bar/waiting staff

791.30

20.82

Performer

805.50

21.20

51. Allowances

NOTE:Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

51.1 Employers must pay to an employee the allowances the employee is entitled to under clause 51.

51.2 Wage-related allowances

    (a) Cancellation rate

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

    (b) Country bookings

      All bookings for country hotels or taverns are to be for a minimum of 2 performances or for a minimum of 3 hours for bar/waiting staff per day away.

    (c) Parades

      If the employee is to participate in a parade representing the employer’s business,and that participation exposes nipples,buttocks or genitalia,an allowance of $28.46 will be paid for each parade.

    (d) Photographs

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

        •the way in which the work will be photographed or otherwise recorded;and
        •the purpose for which the work,photograph,film,tape or other record will be used.

    (ii) All employees will be required by the employer to sign the document setting out the above details prior to starting work. Once an employee signs the document the employee will be responsible for carrying out the work specified in the document unless prevented from doing so due to factors beyond their control.

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

52. Rostering

52.1 All employees will receive a copy of the shift roster for the coming week or weeks at least 7 days in advance.

52.2 A timetable roster for performances for each shift will include performers’names,performance times,meal break and finish time. The roster will be posted on a noticeboard in the dressing room at least one hour before the start of the shift.

52.3 A timetable roster for each shift for bar/waiting staff will include staff names,start time,meal break and finish time. The roster will be posted on a staff noticeboard at least one hour before the start of the shift.

52.4 The roster may be varied by mutual agreement at any time,or by the employer giving 7 days’notice.

52.5 Where practicable,2 weeks’notice of rostered day or days off will be given,provided that the days off may be changed by mutual agreement or because of sickness or other causes over which the employer has no control.

52.6 Clause 52 will not apply to employees booked by an agency,except where the agency booking arrangement with the employee provides regular work to an entertainment venue in respect of the employee.

52.7 Rest period

(a) All employees will have at least 12 hours’rest between shifts.

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

53. Breaks

53.1 An employee,including a casual employee,who is required to work for 5 or more hours in a day must be given an unpaid meal break of at least 30 minutes. The break must be given no earlier than one hour after starting work and no later than 6 hours after starting work.

53.2 An employee required to work more than 2 hours’overtime after finishing their rostered hours must be given an additional paid break of 20 minutes.

53.3 Employees performing striptease,erotic dancing,tabletop or podium dancing will be given a break of at least 30 minutes between the end of one performance and the start of another.

53.4 All employees on tour will have a break of at least 3 hours between a matinee and an evening booking.

54. Overtime

54.1 Full-time and part-time employees

(a) A full-time employee will be paid overtime rates for all time worked in excess of or outside the rostered hours agreed under clauses 46.4 or 46.5.

(b) A part-time employee will be paid overtime rates for all time worked in excess of the rostered hours agreed under clauses 47.3 or 47.4.

(c) The overtime rate payable to an employee is 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after 2 hours.

(d) The overtime rate payable to an employee working on a rostered day off is 200% of the minimum hourly rate for all time worked that day. A minimum payment of 4 hours is payable to the employee even if they work for less than 4 hours.

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

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

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

Part 8—Production and Support Staff

55. Full-time employees

A full-time employee will be engaged by the week to work 38 ordinary hours or an average of 38 ordinary hours per week and subject to the provisions of clause 61Ordinary hours of work and rostering.

56. Part-time employees

56.1 A part-time employee is an employee engaged by the week and who works an agreed usual number of ordinary hours less than 38 hours each week,arranged on a reasonably predictable basis and receives,on a pro rata basis,equivalent pay and conditions to those of full-time employees who do the same kind of work.

56.2 A part-time employee working ordinary time will be paid per hour the minimum hourly rate prescribed in clause 11Minimum rates for the level of work performed.

56.3 A part-time employee who by agreement works more than the agreed usual number of ordinary hours in any week will be paid at their ordinary rate of pay,subject always to any payment prescribed in clause 63Overtime and penalty rates.

56.4 A part-time employee who performs work in excess of the ordinary hours for a full-time employee as prescribed in clause 61Ordinary hours of work and rostering will be paid at overtime rates in accordance with the provisions in clause 63Overtime and penalty rates.

56.5 The minimum time worked for each period of work will be not less than 4 consecutive hours for which a weekly employee is rostered.

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

57. Casual employees

57.1 A casual employee is engaged by the hour for a minimum of 3 consecutive hours.

57.2 The employment of a casual employee may be terminated without notice either by the employee or employer,subject to payment for a minimum of 3 hours and to the employee working the time covered by that minimum payment.

57.3 The appropriate per hour rate for casual employees is the minimum hourly rate specified in clause 11Minimum rates,for the relevant classification level,plus a 25% loading on such hourly rates.

58. Seasonal employees

58.1 A seasonal employee is a weekly employee engaged either as full-time or part-time on a fixed term contract.

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

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

(b) conditions of employment will be those applying to full-time or part-time employees covered by this award;and

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

59. Minimum rates

Minimum rates for Production and Support Staff are set out in clause 11.1.

60. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

60.1 Employers must pay to an employee the allowances the employee is entitled to under clause 60.

60.2 Wage-related allowances

    (a) Transmission or recording allowance

      Where a performance is to be recorded or transmitted by any means,including but not limited to radio or television transmission or film,video or audio recording,and whether transmitted live or recorded for later transmission,exhibition,distribution or sale,all production employees who perform work on that performance will receive a single payment recording allowance of $137.14 in addition to the rate they would otherwise have received for that performance,provided that:

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

    (ii) one payment will only be made under the provisions of clause 60.2(a) even though recording of a production may take place over a series of performances;

    (iii) where a performance is recorded for sound only or transmitted by radio only,the provisions of clause 60.2(a) will apply to sound technicians only;

    (iv) the provisions of clause 60.2(a) will not apply to:

        •extracts of a performance or performances which are recorded or transmitted for news,publicity or promotional purposes,including paid television or radio commercials for that performance or season of performances;
        •a performance or performances which are recorded for training,educational or archival purposes,provided that the hirer undertakes in writing to the employer that such recordings will not be used for public broadcast,exhibition,distribution or sale;and
        •occasions when the only purpose of the hiring is the recording or transmission of a performance,even though a non-paying audience may be present;

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

    (vi) where the employer proposes an exclusion from payment of the recording allowance as provided for in clause 60.2(a)(iv),the employer will provide all production employees with 7 days’notice of any such performance provided that where the recording or transmission is arranged with less than 7 days’notice,all production employees will be provided with notice as soon as arrangements for the relevant recording or transmission are made.

60.3 Expense-related allowances

    (a) Meal allowance

    (i) The employer will pay an employee (other than a cleaner) a meal allowance of $18.54 for each meal break occurring before the employee’s finishing time where the employee has worked between 12 midnight and 8.00 am and continues to work beyond 8.00 am. The meal allowance will not be payable where the employee commences work at or after 5.00 am.

    (ii) The employer will pay an employee a meal allowance of $18.54 where the employee is required to work 2 performances back to back. The meal allowance will not be payable where the employer provides a suitable meal.

    (b) Tools and equipment allowance

    (i) The employer will pay an allowance of $9.42 per week to heads of departments required to supply their own tools.

    (ii) Employees other than heads of departments who are required to supply basic tools (limited to a hammer,brace/punch driver and wrench) will be paid an allowance of $0.97 per day.

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

61. Ordinary hours of work and rostering

61.1 Weekly employees

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

(b) Ordinary hours may be worked Monday to Sunday between 7.00 am and 12 midnight.

(c) Despite clause 61.1(b),a Production and Support Staff employee engaged specifically as a cleaner may be rostered to work ordinary hours between 12 midnight and 7.00 am and will receive an additional loading of 20% of the minimum hourly rate for such work.

(d) The number of ordinary hours to be worked on any day will be a minimum of 4 hours and a maximum of 12 hours,to be worked in no more than 2 periods. Each period will be continuous except for meal breaks.

(e) Full-time employees will be entitled to 2 rostered days off work for every period of 7 days. The rostered days off will be consecutive wherever reasonably possible,provided that the rostered days off may by agreement accumulate up to a maximum of 6 days.

(f) Weekly employees must be notified of their shifts 7 days’in advance by means of a roster placed in the staff room for access by all employees. The employer must give an employee at least 7 days’notice if any variation to the roster is intended,except in the case of emergency.

    (g) Cyclic rostering

    (i) Cyclic rostering (that is,working hours other than as provided for in clauses 61.1(a) to 61.1(f)) may be implemented at the enterprise by agreement between the employer and the majority of employees concerned.

    (ii) Where cyclic rostering is implemented,the ordinary hours of work will be an average of 38 hours per week and will not exceed 152 hours over 28 consecutive days.

    (iii) Different cyclic rostering arrangements may apply to different areas of operation within the enterprise.

    (iv) An agreement to implement cyclic rostering will be recorded in writing and be available to all employees.

61.2 Casual employees

(a) The ordinary hours of work for casual employees will be a minimum of 3 consecutive hours per day.

(b) Ordinary hours may be worked Monday to Sunday between 7.00 am and 12 midnight.

(c) Casual employees are not paid per performance.

(d) Casual employees may be required to work on a number of performances during an engagement.

(e) Where casual employees are required to work on the same day on at least 3 short performances (as defined in clause 2Definitions),and there is a break between any 2 of the short performances of at least 2 hours,those employees will be paid for a minimum of 2 hours for each of those performances.

62. Breaks

62.1 Weekly employees

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

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

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

    (iii) Supper—30 minutes between 10.00 pm and 12.00 midnight;and

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

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

(c) In the event that an employee is required to work more than 5 continuous hours without a suitable meal interval,the employee will be paid for the period which should be allowed as the meal interval at 200% of the minimum hourly rate.

(d) Provided that those employees working during the preparation of a stage production for the period of 7 days preceding the opening of the production will be paid at 150% of the minimum hourly rate instead of the 200% in clause 62.1(c),except on Sundays when 250% of the minimum hourly rate will be paid.

(e) No part of the time that should be allowed as a meal break will be counted as part of the ordinary hours of work within the meaning of clause 61Ordinary hours of work and rostering.

62.2 Casual employees

    Casual employees who work for more than 4 hours will be entitled to a minimum meal break of 30 minutes.

62.3 All employees

(a) In the event that an employee is required to work more than 5 continuous hours without a suitable meal break,the employee will be paid for the period which should have been allowed as the meal break at 200% of the minimum hourly rate. This payment will not apply to employees engaged to work on a continuous shift roster.

(b) Despite clause 62.3(a),employees working during the preparation of a stage production for the 7 days before the opening of that production and who are required to work more than 5 continuous hours without a suitable meal break will be paid the following rates instead of the rate prescribed in clause 62.3(a):

    (i) Monday to Saturday—150% of the minimum hourly rate;and

    (ii) Sunday—250% of the minimum hourly rate.

(c) The time that should be allowed as a meal break will not be counted as ordinary hours of work within the meaning of clause 61Ordinary hours of work and rostering.

63. Overtime and penalty rates

63.1 Weekly employees

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

(a) for all work performed in excess of the rostered daily hours:

    (i) 150% of the minimum hourly rate for the first 2 hours;and

    (ii) 200% of the minimum hourly rate after 2 hours;

(b) for all work performed on a rostered day off:

    (i) 150% of the minimum hourly rate for the first 4 hours;and

    (ii) 200% of the minimum hourly rate after 4 hours;

(c) for all work performed in excess of the weekly total of hours—150% of the minimum hourly rate;and

(d) for part-time employees who perform work in excess of 38 ordinary hours per week:

    (i) 150% of the minimum hourly rate for the first 2 hours;and

    (ii) 200% of the minimum hourly rate after 2 hours.

63.2 Casual employees

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

(b) A casual employee who works in excess of 8 ordinary hours per day will be paid overtime as follows:

    (i) 150% of the minimum hourly rate for the first 2 hours;and

    (ii) 200% of the minimum hourly rate after 2 hours.

(c) A casual employee who works more than 38 hours (excluding overtime worked and paid on a daily basis) in any one week will be paid for all time in excess of 38 hours as follows:

    (i) 150% of the minimum hourly rate for the first 4 hours;and

    (ii) 200% of the minimum hourly rate after 4 hours.

63.3 All employees

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

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

(c) Employees will be paid 200% of the minimum hourly rate for all work performed between 12 midnight and 7.00 am,except as provided in clause 61.1(c).

(d) An employee who works overtime on any day will be entitled to a break of 10 hours before starting work the following day. An employee who is required to resume work before the expiration of the 10 hour break will be paid 200% of the minimum hourly rate until released from work for a 10 hour break.

63.4 Sundays

(a) An employee who starts work on a Sunday will be paid 200% of the minimum hourly rate for all time worked,including any overtime,with a minimum payment for 4 hours.

(b) Where an employee starts work on a Saturday and continues to work without a break on Sunday,the minimum payment for work performed on a Sunday as prescribed in clause 63.4(a) will not apply.

63.5 Travelling on Sundays,Public Holidays etc.

    If an employee engaged by the week is required by the employer to travel on a Sunday,a public holiday or any other day not rostered to work,the employee will,unless paid pursuant to clause 63.4(a) for working on a Sunday,or clause 21.5 for working on a public holiday,be paid an additional 10% of the appropriate weekly rate in addition to the travelling allowance payable in respect of the Sunday or other rostered day off.

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

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

(b) Full-time factory sound and/or lighting employees will accrue time off instead of overtime at the rate of one hour for each hour worked in excess of the 152 hours over 28 consecutive days work cycle.

63.7 Special overtime and penalty provision for all crewing services employees

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


Schedule A—Classification Definitions
A.1 Live Performance Employee Level 1
A.1.1 Production and Support Staff Level 1

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

      (i) 6 weeks induction training in the case of a full-time or part-time employee;or
      (ii) 228 hours induction training in the case of a casual employee.

    (b) The induction training may include information on the enterprise or production,conditions of employment,introduction of supervisors and fellow workers,training and career path opportunities,venue/workshop/plant layout,work and documentation procedures,basic theatre terminology and etiquette,work health and safety,equal employment opportunity and quality control/assurance.
    (c) An employee at this level performs routine duties to the level of the employees training:

      (i) works under direct supervision either individually or in a team environment;
      (ii) understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;and
      (iii) understands and utilises basic literacy (English) and numeracy skills.

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

      (i) safely lift and handle scenery and props and/or equipment;
      (ii) uses selected hand tools;
      (iii) basic packing and storing techniques;
      (iv) repetition work on automatic,semiautomatic or single purpose machines or equipment;
      (v) maintains simple records;
      (vi) uses hand trolleys and pallet trucks;
      (vii) apply and comprehend basic theatre terminology and etiquette;
      (viii) performs general labouring and cleaning duties;
      (ix) communicate and interact effectively with staff;and
      (x) effective customer/client service.

A.2 Live Performance Employee Level 2
A.2.1 Production and Support Staff Level 2

    (a) A Production and Support Staff Level 2 is an employee who has completed the Level 1 induction training or possesses other equivalent experience so as to enable them to perform work within the scope of this level.
    (b) An employee at this level performs work above and beyond the skills of a Level 1 employee and to the level of the employee’s training:

      (i) is responsible for the quality of the work allocated to the employee subject to routine supervision;
      (ii) works under routine supervision either individually or in a team environment on a limited range of tasks;
      (iii) exercises discretion within the employees’level of skills and training;and
      (iv) makes decisions in regard to routine matters.

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

      (i) operates flexibly between work areas;
      (ii) operates machinery and equipment within the employee’s level of skill and training;
      (iii) operates mobile equipment including fork-lifts,overhead cranes,tallescopes and winch operation;
      (iv) ability to measure accurately;
      (v) safely lift and handle scenery and props and/or equipment;
      (vi) receive,dispatch,distribute,sort,check,pack,document and record goods,materials and components;
      (vii) basic keyboard skills;
      (viii) telephonist,receptionist,cashier,administration and information services duties;
      (ix) laundry and/or dry-cleaning duties;
      (x) intermediate sewing skills and fabric knowledge,whether machine or non-machine,and knowledge of dying fabrics;
      (xi) cleaning duties using specialised equipment and chemicals;
      (xii) ushering,ticket taking,program/concession selling and food and beverage sales;
      (xiii) applies theatre terminology and etiquette;
      (xiv) painting and art finishing;
      (xv) dressing;and
      (xvi) costume decoration.

    (d) Indicative positions of this level include:

      (i) Basic Crowd Control
      (ii) Car Park Attendant
      (iii) Crewing Employee
      (iv) Mail Room Attendant
      (v) Program Seller
      (vi) Stage Door Attendant
      (vii) Stage Hand
      (viii) Theatre Attendant/Usher
      (ix) Ticket Seller (i.e. an employee required to deal with customer enquiries,sell tickets,handle and balance cash)
      (x) Turnstile Attendant
      (xi) Tour Guide

A.3 Live Performance Employee Level 3
A.3.1 Production and Support Staff Level 3

    (a) A Production and Support Staff Level 3 employee is an employee who applies knowledge and skills so as to enable that employee to perform work within the scope of this level,and may possess a sub-trade certificate.
    (b) An employee at this level performs work above and beyond the skills of an employee at Level 2 and to the level of the employees’training:

      (i) solves straightforward problems using readily available information;
      (ii) works to complex instructions and procedures;
      (iii) as a team member organises allocated materials and equipment in an efficient and effective manner or works individually under general supervision;
      (iv) is responsible for the work undertaken;and
      (v) assists in the provision of on-the-job training to a limited degree.

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

      (i) uses precision measuring instruments;
      (ii) machine setting,loading and operation;
      (iii) rigging (certificated);
      (iv) pyrotechnics (certificated and licensed);
      (v) welding which requires the exercise of knowledge and skills above Level 2;
      (vi) inventory and store control;
      (vii) licensed operation of all appropriate materials/handling equipment;
      (viii) use of tools and equipment within the scope (basic non-trades) maintenance;
      (ix) computer operation at a higher level than that of an employee at Level 2;
      (x) intermediate keyboard and administrative skills;
      (xi) performs basic quality checks on the work of others;
      (xii) licensed and certificated for fork-lift,engine driving and crane driving operations to a higher level than Level 2;
      (xiii) stage door duties;
      (xiv) sewing and cutting skills and fabric knowledge,whether machine or non-machine at a level higher than Level 2;
      (xv) advanced lifting and scene/props handling skills;
      (xvi) scenery,building and prop construction techniques above Level 2;
      (xvii) identifies and meets customer needs in a prompt and courteous manner;
      (xviii) the ability to work under limited supervision;
      (xix) reconciling and balancing cash and cash equivalents;and
      (xx) following all identified security procedures of all the employer’s clients.

    (d) Indicative positions of this level include:

      (i) Accounts Clerk
      (ii) Assistant Scenic Artist
      (iii) Booking Clerk
      (iv) Box Office Customer Service Representatives (CSR)
      (v) Call Centre CSR
      (vi) Dispatch Clerk
      (vii) Group Party Organiser
      (viii) Marketing Assistant
      (ix) Mechanist
      (x) Publicity Assistant
      (xi) Specialty Ticketing CSR
      (xii) Stage Door Supervisor
      (xiii) Unqualified Sound and/or Lighting Technician

A.4 Live Performance Employee Level 4
A.4.1 Production and Support Staff Level 4

    (a) A Production and Support Staff Level 4 employee is an employee who applies knowledge and skills so as to enable that employee to perform work within the scope of this level,and may possess a trade certificate.
    (b) An employee at this level performs work above and beyond the skills of an employee at Level 4 and to the level of the employees’training:

      (i) solves problems using readily available information;
      (ii) works to complex instructions and procedures;
      (iii) as a team member,organises allocated materials and equipment in an efficient and effective manner or works individually under general supervision;
      (iv) is responsible for the work undertaken;
      (v) assists in the provision of on-the-job training to a limited degree;
      (vi) the ability to work with minimum supervision;
      (vii) an ability to identify and resolve complex service issues;and
      (viii) well developed verbal communication skills.

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

      (i) uses precision measuring instruments;
      (ii) machine setting,loading and operation;
      (iii) rigging (certificated);
      (iv) pyrotechnics (certificated and licensed);
      (v) welding which requires the exercise of knowledge and skills above Level 3;
      (vi) inventory and store control;
      (vii) licensed operation of all appropriate materials/handling equipment;
      (viii) use of tools and equipment within the scope;
      (ix) computer operation at a higher level than that of an employee at Level 3;
      (x) superior keyboard and administrative skills;
      (xi) in depth knowledge of ticketing systems and ticketing processes and procedures;
      (xii) the ability to use customer feedback on products and services to improve service by recommending change to systems and processes;
      (xiii) assisting with the day to day supervision of other team members;and
      (xiv) performs basic quality checks on the work of others.

    (d) Indicative positions of this level include:

      (i) Accounts Clerks
      (ii) Assistant Projectionist
      (iii) Scenic Artist
      (iv) Scheduling/Rostering Clerk
      (v) Sound and/or Lighting Technician

A.5 Live Performance Employee Level 5
A.5.1 Production and Support Staff Level 5/ Production and Support Staff Level 4 (Theatre)

    (a) A Production and Support Staff Level 5 employee is an employee who holds a trade certificate in a relevant discipline and is able to exercise the skill and knowledge of that trade or an employee who has acquired and can demonstrate the equivalent experience from on-the-job training in relevant theatrical discipline/s.
    (b) An employee at this level works above and beyond an employee at Level 4 and to the level of the employee’s training:

      (i) understands and applies quality control techniques;
      (ii) exercises good interpersonal and communications skills;
      (iii) exercises keyboard and administrative skills at a higher level than Level 4;
      (iv) exercises discretion within the scope of this grade;
      (v) performs work under limited supervision either individually or in a team environment;
      (vi) able to inspect products and/or materials for conformity with established operational standards;and
      (vii) operates all lifting equipment incidental to the employees’work.

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

      (i) works from production drawings,prints or plans;
      (ii) operates,maintains,sets-up and adjusts all facility and production equipment,including trade construction processes such as set/prop/electrical making;
      (iii) operate and maintain lifting equipment;
      (iv) assists in the provision of on-the-job training;
      (v) a fully multiskilled cutter/tailor/milliner/wigmaker who is required to perform any of the operations involved in the making of a complex whole garment to specifications;
      (vi) has an advanced understanding of theatre terminology,etiquette and theatre craft;
      (vii) perform a range of engineering maintenance functions;
      (viii) operates a console;and
      (ix) performs a range of administrative duties including production and publicity assistance.

    (d) Indicative positions of this level include:

      (i) Assistant Stage Manager
      (ii) Board Operator
      (iii) Experienced Mechanist
      (iv) Experienced Sound and/or Lighting Technician
      (v) Experienced Technician
      (vi) Food and Beverage Manager
      (vii) Head Fly Operator
      (viii) Prop Maker
      (ix) Tailor
      (x) Wig Maker

A.6 Live Performance Employee Level 6
A.6.1 Production and Support Staff Level 6/Production and Support Staff Level 5 (Theatre)

    (a) A Production and Support Staff Level 6 employee is an employee who holds a trade certificate or equivalent experience and has acquired and can demonstrate specialist knowledge of a variety of procedures and/or techniques gained by additional training or experience in the theatre industry.
    (b) A Production and Support Staff Level 6 employee is required to work above and beyond a tradesperson at Level 5 and to the level of the employee’s training:

      (i) exercises discretion within the scope of this grade;
      (ii) works under minimal supervision either as an individual or part of a team or as a team leader;
      (iii) understands and implements quality control techniques;
      (iv) provides trade guidance and assistance as part of a work team;
      (v) responsible for providing training in conjunction with trainers;
      (vi) exercises keyboard and administrative skill at a higher level than Level 5.

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

      (i) interprets detailed instructions and procedures for others;
      (ii) ensures quality standards are met through consistency,timeliness,correctly following procedures,and responsiveness to the client’s needs;
      (iii) readily adapts to change in work procedures and associated technologies;
      (iv) may use innovation to resolve issues which impact on own work area.

    (d) Indicative positions of this level include:

      (i) Deputy Heads of Department
      (ii) Deputy Stage Manager
      (iii) Front of House Manager
      (iv) Publicity/Marketing Officer

A.7 Live Performance Employee Level 7
A.7.1 Company Dancer Level 1

    An employee in their first year as a professional dancer who has the appropriate training or equivalent experience and who is engaged to perform as a company member.

A.7.2 Performer Category 1 Grade 1

    (a) A performer with less than 3 years’experience in the entertainment industry who is employed in theatrical productions performing as directed to an existing script or score choreography and who is required to exercise their artistic skills to a professional standard as required. An employee at this level will have appropriate qualifications or be able to demonstrate they possess skills of an equivalent standard.
    (b) Indicative tasks:

      (i) acting;
      (ii) singing;
      (iii) dancing;
      (iv) skating;
      (v) aquatic performing;
      (vi) understudying;and
      (vii) any other type of performing.

A.8 Live Performance Employee Level 8
A.8.1 Company Dancer Level 2

    A Level 2 employee is a dancer in their 2nd year of professional experience,provided that:
    (a) in addition to professional experience or further training progression from one level to the next is also on the basis of evident competence on artistic grounds;and
    (b) in assessing experience the following will be taken into account:

      (i) The previous professional experience of the employee in Australia and overseas with subsidised and commercial companies and/or any further study or training undertaken since entry into the dance profession.
      (ii) The minimum period of time of employment in the year concerned is 36 weeks on a full-time basis or substantially equivalent.

A.8.2 Production and Support Staff Level 7/Production and Support Staff Level 6 (Theatre)

    (a) A Production and Support Staff Level 7 employee is an employee who holds a trade certificate or equivalent experience together with a relevant Post Trade Certificate or the equivalent skill and competence acquired through a significant period of professional experience in the theatre industry.
    (b) A Production and Support Staff Level 7 employee is required to work above and beyond a Level 6 employee and to the level of the employee’s training:

      (i) understands and implements quality control techniques;
      (ii) exercises discretion within the scope of this grade;
      (iii) provides overall supervision and co-ordination of resources and individuals and/or work teams within areas of responsibility;
      (iv) plans for and arranges training in procedural,technological change and systems for staff in the area of responsibility;
      (v) effectively handles work that is characterised by occasional peak periods and simultaneous handling of a variety of tasks,usually within one discipline,and with significant interruptions;
      (vi) determines priorities and monitors performance for own and teams work,to ensure the efficient and effective use of allocated resources;and
      (vii) demonstrates accountability and responsibility for enabling the achievement of business goals within budgetary guidelines.

    (c) The following indicative tasks which an employee at this level may perform are subject to the employee having appropriate trade and post trade training or equivalent experience to enable that employee to perform the particular indicative tasks:

      (i) demonstrates sound communication and/or liaison skills;
      (ii) demonstrates a good knowledge of relevant terminology;
      (iii) interprets and conveys instructions and procedures;
      (iv) reliably represents the work unit;
      (v) required to use innovation to resolve issues which impact on own work area;
      (vi) accountable for ensuring overall quality standards are met through the importance of consistency,timeliness,correctly following procedures,and responsiveness to the needs of the client;
      (vii) accountable for the selection and recruitment of staff;
      (viii) assesses work performance of staff;and
      (ix) responsible for work health and safety.

    (d) Indicative positions of this level include:

      (i) Box Office Manager
      (ii) Event/Marketing Co-ordinator
      (iii) Heads of Departments
      (iv) Props Master
      (v) Scenic Artist
      (vi) Technical Supervisor
      (vii) Wardrobe Supervisor

A.9 Live Performance Employee Level 9
A.9.1 Musician

    Musician not required to accompany artists.

A.9.2 Performer Category 1 Grade 2

    A performer with more than 3 years’experience in the entertainment industry provided that the performer’s theatrical engagements over the 3 year period amount to 18 weeks employment or an equivalent amount of work in other areas,who is employed in theatrical productions and performs the same duties as set out above but at a standard above and beyond that of a Performer Category 1 Grade 1.

A.9.3 Performer Category 2

    (a) A performer who is employed as an act or part of an act in theatrical/live entertainment performances and who is responsible for the primary development of the work to be performed.
    (b) Indicative tasks are:

      (i) as per Category 1;and
      (ii) tasks relating to the development of the work to be performed,such as but not limited to:

        •developing the script and concept for the performance;
        •selecting the music;and
        •generally determining the content and presentation of the performance.

A.10 Live Performance Employee Level 10
A.10.1 Company Dancer Level 3

    A Level 3 employee is a dancer in their 3rd year of professional experience,provided that:
    (a) in addition to professional experience or further training progression from one level to the next is also on the basis of evident competence on artistic grounds;and
    (b) in assessing experience the following will be taken into account:

      (i) The previous professional experience of the employee in Australia and overseas with subsidised and commercial companies and/or any further study or training undertaken since entry into the dance profession.
      (ii) The minimum period of time of employment in the year concerned is 36 weeks on a full-time basis or substantially equivalent.

A.10.2 Production and Support Staff Level 8

    (a) A Production and Support Staff Level 8 employee is an employee who has obtained a relevant tertiary qualification together with extensive theatrical experience or equivalent skill and competence acquired through extensive theatrical experience.
    (b) In addition to the competencies and tasks performed by a Level 7 employee,a Production and Support Staff Level 8 employee works to the level of the employee’s training:

      (i) demonstrates effective and efficient use of production and/or organisational resources,by planning,implementing and monitoring achievement of objectives;
      (ii) responsible for the creating and maintaining of a high level of team work and co-operation and contributes to the overall good management of a production;and
      (iii) co-ordinates and controls either the overall performance activities or a variety of related disciplines.

    (c) The following indicative tasks which an employee at this level may perform are subject to the employee having appropriate trade and post trade training or equivalent experience to enable the employee to perform the particular indicative tasks:

      (i) provides advice and guidance to staff,management and clients;
      (ii) prepares correspondence,guidelines and reports;
      (iii) demonstrates superior communication and/or liaison skills;
      (iv) demonstrates superior knowledge of relevant terminology;
      (v) reliably represents the work unit;
      (vi) responsible for creative planning and the achievement of design standards;
      (vii) recognises the importance of consistency,timeliness,correctly following procedures,and responsiveness to the client’s needs;and
      (viii) demonstrates accountability and responsibility for enabling the achievement of business goals within budgetary guidelines.

    (d) Indicative positions of this level include:

      (i) Publicity/Marketing Supervisor
      (ii) Stage Manager
      (iii) Team Leaders—Call Centre

A.11 Live Performance Employee Level 11
A.11.1 Company Dancer Level 4

    (a) A Level 4 employee is a dancer in their 4th year of professional experience,provided that:

      (i) in addition to professional experience or further training progression from one level to the next is also on the basis of evident competence on artistic grounds;and
      (ii) in assessing experience the following will be taken into account:

        •The previous professional experience of the employee in Australia and overseas with subsidised and commercial companies and/or any further study or training undertaken since entry into the dance profession.
        •The minimum period of time of employment in the year concerned is 36 weeks on a full-time basis or substantially equivalent.

A.11.2 Musician required to accompany artists
A.11.3 Opera Principal

    A performer who is employed to undertake lead roles in opera and operetta.

A.12 Live Performance Employee Level 12
A.12.1 Company Dancer Level 5

    (a) A Level 5 employee is a dancer in their 5th and 6th years of professional experience.
    (b) In addition to professional experience or further training,progression from one level to the next is also on the basis of evident competence on artistic grounds.
    (c) In assessing experience,the following will be taken into account:

      (i) The previous professional experience of the employee in Australia and overseas with subsidised and commercial companies and/or any further study or training undertaken since entry into the dance profession.
      (ii) The minimum period of time of employment in the year concerned is 36 weeks on a full-time basis or substantially equivalent.

A.13 Live Performance Employee Level 13
A.13.1 Company Dancer Level 6

    A dancer who is in their 7th and 8th years of professional work and who demonstrates highly developed dance skills,interpretative skills,dramatic and presentational skills.

A.13.2 Technical Manager
A.14 Live Performance Employee Level 14
A.14.1 Company Dancer Level 7

    A dancer will progress from Level 6 to Level 7 when they fulfil the following criteria:
    (a) A minimum of 8 years full-time professional experience or substantially equivalent,as defined,with advanced dance skills,interpretative skills and dramatic and presentational skills.
    (b) Ability to understudy and perform major roles and/or character roles on a regular basis or in the case of contemporary companies performing ensemble-based repertoire,to perform solo or perform with a high degree of artistry as a member of the ensemble.
    (c) As required,demonstrate excellent partnering skills (either sex).
    (d) Demonstrate a high degree of professionalism in all that they do and at least one of the following as agreed between the employer and the employee:

      (i) Recognition that they possess a special quality of performance and interpretation of roles,such recognition to come from 2 of the following sources—industry peers,colleagues,media;
      (ii) Demonstrate and provide leadership;
      (iii) Ability to assist management with promotion of the company,either through personal appearances or by advice to management,upon reasonable request.

A.14.2 Principal Musician
A.14.3 Vocalist
A.15 Live Performance Employee Level 15
A.15.1 Conductor-Leader

Schedule B—Summary of Monetary Allowances

See clauses 14,31,32,41,44,51,and 60 (Allowances) for full details of allowances payable under this award.

B.1 Wage-related allowances
B.1.1 The wage-related allowances in this award are based on the standard rate as defined in Clause 2Definitions as the minimum weekly rate for a Level 4 employee in clause 11.1 = $862.50.

Allowance

Clause

% of standard rate

$

Payable

Part 5—Performers and Company Dancers

    

Nude allowance

32.2(a)

2.75

23.72

per week

Assistant Stage Manager allowance

32.2(b)

5.40

46.58

per week

Driver or a person in charge whilst on tour

32.2(c)

7.00

60.38

per week

Making of an advertisement—television or radio (4 hour minimum payment)

32.2(f)

4.90

42.26

per hour

Understudy allowances (part understudied)—Star role

32.2(h)(i)

6.78

58.48

per week

Understudy allowances (part understudied)—Leading role

32.2(h)(i)

4.84

41.75

per week

Understudy allowances (part understudied)—Supporting role

32.2(h)(i)

2.91

25.10

per week

Understudy allowances (part understudied)—Minor supporting role

32.2(h)(i)

2.32

20.01

per week

Understudy allowances (additional amount per performance)—Star role

32.2(h)(ii)

14.54

125.41

per performance

Understudy allowances (additional amount per performance)—Leading role

32.2(h)(ii)

9.68

83.49

per performance

Understudy allowances (additional amount per performance)—Supporting role

32.2(h)(ii)

5.82

50.20

per performance

Understudy allowances (additional amount per performance)—Minor supporting role

32.2(h)(ii)

4.64

40.02

per performance

Dance Captain allowance

32.2(h)(iv)

5.18

44.68

per week

Deputy Ballet Master/Mistress

32.2(i)(i)

12.19

105.14

per week

Company dancer supervising classes on irregular basis

32.2(i)(ii)

6.09

52.53

per class

Part 6—Musicians

    

Instrument doubling allowances—instrument supplied by employee1

41.2(a)(i)

  

per instrument per call

Instrument doubling allowances—instrument supplied by employer1

41.2(a)(i)

  

per instrument per call

Supply of music—weekly employee

41.2(b)(i)

1.30

34.50

per week

Supply of music—casual employee

41.2(b)(ii)

4.00

11.21

per call

Soloist—performing solo in orchestra

41.2(c)

0.70

6.04

per instrument per call

Televised performance

41.2(f)(i)

14.02

120.92

per performance

Radio broadcast

41.2(f)(ii)

15.12

130.41

per broadcast

Simulcast broadcast

41.2(f)(iii)

28.82

248.57

per simulcast

Audio-visual or visual recording of performance

41.2(f)(iv)

20.70

178.54

per performance

Audio recording of performance—for which there can be 21 minutes of finished material

41.2(f)(v)

15.12

130.41

per performance

Part 7—Striptease Artists

    

Parades involving exposure of parts of the body

51.2(c)

3.30

28.46

per parade

Part 8—Production and Support Staff

    

Transmission or recording of performance allowance—one payment only

60.2(a)

15.90

137.14

single payment

1.Allowance is calculated as a percentage of the total minimum call rate –see clause 41.2(a).

B.1.2 Adjustment of wage-related allowances

    Wage-related allowances are adjusted in accordance with increases to wages and are based on a percentage of the standard rate as specified.

B.2 Other rates

Casual Rehearsal/ Performance Rates

Clause

% of standard rate

$

Payable

Part 5—Performers and Company Dancers

    

Rehearsal payment,minimum one hour

31.6(c)(i)

4.80

41.40

per hour

Rehearsal payment,for each subsequent half hour or part thereof

31.6(c)(i)

2.40

20.70

per half hour or part thereof of

Rehearsal payment,if employee leaves prior to one hour

31.6(c)(ii)

2.40

20.70

per half hour or part thereof of actual time worked

Casual supernumeraries,minimum call payment

31.6(e)

3.40

29.33

per hour

B.3 Expense-related allowances
B.3.1 The following expense-related allowances will be payable to employees in accordance with clauses 14General allowances,32.3,33.2(e)(iv),34.1(e),41.3,44.6 and 60.3:

Allowance

Clause

Applicable CPI figure

$

Payable

Part 2—General Employment Conditions

    

Use of vehicle allowance

14.2(b)

Private motoring sub-group

0.78

per km

Laundry allowance—weekly and full time employees—blouses and shirts

14.2(d)(i)

All groups

3.65

per week

Laundry allowance—weekly and full time employees—other garments

14.2(d)(i)

All groups

9.48

per week

Laundry allowance—other than weekly and full-time employees—per day

14.2(d)(ii)

All groups

2.93

per day

Laundry allowance—other than weekly and full-time employees—maximum per week

14.2(d)(ii)

All groups

13.20

per week

Travel to and from airports—reimbursement—a maximum amount of

14.3(b)

Private motoring sub-group

39.51

per occasion

Accommodation allowance—one week or less

14.3(c)

Domestic holiday travel and accommodation sub-group

168.51

per night

Accommodation allowance –more than one week—per night

14.3(d)

Domestic holiday travel and accommodation sub-group

128.56

per night

Accommodation allowance –more than one week—maximum per week

14.3(d)

Domestic holiday travel and accommodation sub-group

642.88

per week

Accommodation allowance—where employer does not provide accommodation—maximum weekly amount—Sydney and Melbourne

14.3(e)

Domestic holiday travel and accommodation sub-group

1287.00

per week

Accommodation allowance—where employer does not provide accommodation—maximum weekly amount—Adelaide,Hobart,Perth and Brisbane

14.3(e)

Domestic holiday travel and accommodation sub-group

908.15

per week

Accommodation allowance—where employer does not provide accommodation—maximum weekly amount—Canberra

14.3(e)

Domestic holiday travel and accommodation sub-group

1106.00

per week

Accommodation allowance—where employer does not provide accommodation—maximum weekly amount—other places

14.3(e)

Domestic holiday travel and accommodation sub-group

846.56

per week

Meals while travelling–one week or less—per meal period

14.3(g)

Take away and fast foods sub-group

28.82

per meal period

Meals while travelling –more than one week—per day

14.3(h)

Take away and fast foods sub-group

58.48

per day

Meals while travelling –more than one week—per week

14.3(h)

Take away and fast foods sub-group

292.32

per week

Incidentals allowance while travelling more than one week—per day

13.3(i)

Domestic holiday travel and accommodation sub-group

15.92

per day

Incidentals allowance while travelling more than one week—maximum per week

14.3(i)

Domestic holiday travel and accommodation sub-group

79.72

per week

Part 5—Performers and Company Dancers

    

Wardrobe and make-up allowances—supplying clothing/accessories if already in employee’s possession

32.3(a)(iv)

Clothing and footwear group

8.20

per article per week

Wardrobe and make-up allowances—minimum payment per week

32.3(a)(iv)

Clothing and footwear group

10.50

per week

Wardrobe and make-up allowances—for each pair of shoes per week

33.3(a)(iv)

Clothing and footwear group

4.15

per week

Performance allowances—meal between performances—if break less than 2 hours—Company Dancers

33.2(e)(iv)

Take away and fast foods sub-group

18.54

per occasion

Performance allowances—meal between performances—if break less than 2 hours—Performers and Company Dancers

34.1(e)

Take away and fast foods sub-group

28.82

per occasion

Part 6—Musicians

    

Upkeep allowances—employee who supplies one or more instruments

41.3(a)

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

1.66

per instrument per call

Upkeep allowances—Harpist

41.3(b)

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

4.36

per call

Upkeep allowances—Percussionist who provides percussion kit

41.3(c)

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

10.56

per week

Travel on Sunday

44.6(b)

Transport group

11.30

per occasion

Part 8—Production and Support Staff

    

Meal allowances—Working beyond 8.00am—if work commenced at or before 12.00 midnight—other than cleaners

60.3(a)(i)

Take away and fast foods sub-group

18.54

per meal interval

Meal allowances—2 back to back performances

60.3(a)(ii)

Take away and fast foods sub-group

18.54

per occasion

Tools and equipment allowance—supply of own tools—Heads of Departments

60.3(b)(i)

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

9.42

per week

Tools and equipment allowance—supply of own tools—employees other than Heads of Departments

60.3(b)(ii)

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

0.97

per day

B.3.2 Adjustment of expense-related allowances

    (a) At the time of any adjustment to the standard rate,each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
    (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Accommodation allowance

    Domestic holiday travel and accommodation sub-group

    Incidentals allowance

    Domestic holiday travel and accommodation sub-group

    Laundry allowance

    All groups

    Meal allowance

    Take away and fast foods sub-group

    Travel allowance

    Transport group

    Tools and equipment allowance

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

    Upkeep allowance

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

    Vehicle allowance

    Private motoring sub-group

    Wardrobe and make-up allowance

    Clothing and footwear group

   

Schedule C—School-based Apprentices
C.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
C.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
C.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award,calculated hourly,will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
C.4 For the purposes of clause C.3,where an apprentice is a full-time school student,the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
C.5 A school-based apprentice must be allowed,over the duration of the apprenticeship,the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
C.6 For the purposes of this schedule,off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
C.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.
C.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice.
C.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
C.10 If an apprentice converts from school-based to full-time,all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
C.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.


Schedule D—Supported Wage System
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:

    approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
    assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
    disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth),as amended from time to time,or any successor to that scheme.
    relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
    supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability,as documented in the Supported Wage System Handbook. The Handbook is available from the following website:www.jobaccess.gov.au.
    SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.

D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award,because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause D.5)
%

Relevant minimum wage
%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

D.4.2 Provided that the minimum amount payable must be not less than $89 per week.
D.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.
D.5 Assessment of capacity
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage,the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor,having consulted the employer and employee and,if the employee so desires,a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement,and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule,including the appropriate percentage of the relevant minimum wage to be paid to the employee,must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment,the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.

D.8 Other terms and conditions of employment

Where an assessment has been made,the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

D.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties,working time arrangements and work organisation in consultation with other workers in the area.

D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made,an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks,except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $89 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period,a further contract of employment will be entered into based on the outcome of assessment under clause D.5.


Schedule E—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is:____ hours/days

The leave in advance will commence on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

Schedule F—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is:____ hours/days

The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

Schedule G—Agreement for time off instead of payment for overtime

Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started:___/___/20___ ___ am/pm

Date and time overtime ended:___/___/20___ ___ am/pm

Amount of overtime worked:_______ hours and ______ minutes

The employer and employee further agree that,if requested by the employee at any time,the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Schedule H—Part-day Public Holidays
H.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
H.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight,or 7.00pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

    (a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.
    (b) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.
    (c) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of being on annual leave does not work,they will be taken not to be on annual leave during the hours of the declared or prescribed part-day public holiday that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.
    (d) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.
    (e) Excluding annualised salaried employees to whom clause H.2(f) applies,where an employee works any hours on the declared or prescribed part-day public holiday they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.
    (f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked on the declared or prescribed part-day public holiday.
    (g) An employee not rostered to work on the declared or prescribed part-day public holiday,other than an employee who has exercised their right in accordance with clause H.2(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.

H.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
H.4 This schedule is not intended to detract from or supplement the NES.

Schedule 24—Additional Measures During the COVID-19 Pandemic
H.5 Subject to clauses X.2.1(d) and X.2.2(c),Schedule X operates from 8 April 2020 until 30 June 2021. The period of operation can be extended on application.
H.6 During the operation of Schedule X,the following provisions apply:
H.6.1 Unpaid pandemic leave

    (a) Subject to clauses X.2.1(b),(c) and (d),any employee is entitled to take up to 2 weeks’unpaid leave if the employee is required by government or medical authorities or on the advice of a medical practitioner to self-isolate and is consequently prevented from working,or is otherwise prevented from working by measures taken by government or medical authorities in response to the COVID-19 pandemic.
    (b) The employee must give their employer notice of the taking of leave under clause X.2.1(a) and of the reason the employee requires the leave,as soon as practicable (which may be a time after the leave has started).
    (c) An employee who has given their employer notice of taking leave under clause X.2.1(a) must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for a reason given in clause X.2.1(a).
    (d) A period of leave under clause X.2.1(a) must start before 30 June 2021,but may end after that date.
    (e) Leave taken under clause X.2.1(a) does not affect any other paid or unpaid leave entitlement of the employee and counts as service for the purposes of entitlements under this award and the NES.
    NOTE: The employer and employee may agree that the employee may take more than 2 weeks’unpaid pandemic leave.

H.6.2 Annual leave at half pay

    (a) Instead of an employee taking paid annual leave on full pay,the employee and their employer may agree to the employee taking twice as much leave on half pay.
    (b) Any agreement to take twice as much annual leave at half pay must be recorded in writing and retained as an employee record.
    (c) A period of leave under clause X.2.2(a) must start before 30 June 2021,but may end after that date.
    EXAMPLE: Instead of an employee taking one week’s annual leave on full pay,the employee and their employer may agree to the employee taking 2 weeks’annual leave on half pay. In this example:

      •the employee’s pay for the 2 weeks’leave is the same as the pay the employee would have been entitled to for one week’s leave on full pay (where one week’s full pay includes leave loading under the Annual Leave clause of this award);and
      •one week of leave is deducted from the employee’s annual leave accrual.

NOTE 1: A employee covered by this award who is entitled to the benefit of clause X.2.1 or X.2.2 has a workplace right under section 341(1)(a) of the Act.

NOTE 2: Under section 340(1) of the Act,an employer must not take adverse action against an employee because the employee has a workplace right,has or has not exercised a workplace right,or proposes or does not propose to exercise a workplace right,or to prevent the employee exercising a workplace right. Under section 342(1) of the Act,an employer takes adverse action against an employee if the employer dismisses the employee,injures the employee in his or her employment,alters the position of the employee to the employee’s prejudice,or discriminates between the employee and other employees of the employer.

NOTE 3: Under section 343(1) of the Act,a person must not organise or take,or threaten to organise or take,action against another person with intent to coerce the person to exercise or not exercise,or propose to exercise or not exercise,a workplace right,or to exercise or propose to exercise a workplace right in a particular way.

About this document
(1)
Code:
PR722493
Title:
PR722493 - Variation - 07 Oct 2020
Effective:
7 Oct 2020
Updated:
7 Oct 2020
Related Information
1.0.11.0 SC