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This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777314 and PR778054).
Clause(s) affected by the most recent variation(s):
6A—Employee right to disconnect
9—Changes to casual employment status
24—Dispute resolution
Table of Contents
[Varied by PR733852, PR746868, PR747403, PR750496, PR774802, PR777032, PR777314, PR778054]
28A. Weekly employees under fixed term contracts—additional provisions.................... 48
Schedule G —Agreement for time off instead of payment for overtime............................. 133
Part 1—Application and Operation of this Award
1.1 This award is the Live Performance Award 2020.
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.
[Varied by PR733852, PR738928, PR774802, PR777032, PR777314]
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).
· 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:
(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.
[Definition of casual employee inserted by PR733852 from 27Sep21; varied by PR777314 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
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.
[Definition of employee organisation inserted by PR774802 from 01Jul24]
employee organisation has the meaning given by section 12 of 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.
[Definition of enterprise inserted by PR774802 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
[Definition of fixed term contract inserted by PR777032 ppc 16Jul24]
fixed term contract means a contract that includes a term that provides the contract will terminate at the end of an identifiable period (whether or not the contract also includes other terms that provide for circumstances in which it may be terminated before the end of that period).
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 11—Minimum 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.
[Definition of minimum hourly rate inserted by PR738928 ppc 14Mar22]
minimum hourly rate means the minimum weekly rate as specified in clause 11—Minimum rates divided by 38 and rounded to the nearest cent.
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:
(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.
[Definition of small business employer inserted by PR774802 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
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.
[Definition of workplace delegate inserted by PR774802 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
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.
4.2 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
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763286 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 24—Dispute resolution and/or under section 65B of the Act.
6A. Employee right to disconnect
[6A inserted by PR778054 from 26Aug24]
6A.1 Clause 6A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
6A.2 Clause 6A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
6A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
6A.4 Clause 6A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of an emergency roster change under clause 33.2(b)(iii) or 61.1(f).
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
[Varied by PR733852]
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 substituted by PR733852 from 27Sep21]
8.2 All employees must be provided with a written statement stating who they are employed by and setting out their classification and rate of pay. For all employees, except casual employees, the written statement will also set out their hours of work.
· Clause 27—Performers and Company Dancers
· Clause 36—Musicians
· Clause 45—Striptease Artists
· Clause 55—Production and Support Staff
9. Changes to casual employment status
[9—Right to request casual conversion renamed and substituted by PR733852, 9—Offers and requests for casual conversion renamed and substituted by PR777314 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 24—Dispute resolution.
The classifications in which employees may be employed are set out in Schedule A—Classification Definitions.
[Varied by PR718899, PR726419; corrected by PR726038; PR730832; varied by PR729340, PR731022, PR740766, PR762190, PR773968]
[11.1 varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
|
Live Performance employee |
Category |
Minimum weekly rate |
Minimum hourly rate |
|
|
|
$ |
$ |
|
Production and Support Staff Level 1 (Induction/Training) |
891.50 |
23.46 |
|
|
Level 2 |
Production and Support Staff Level 2 |
965.60 |
25.41 |
|
Level 3 |
Production and Support Staff Level 3 |
1012.80 |
26.65 |
|
Level 4 |
Production and Support Staff Level 4 |
1032.30 |
27.17 |
|
Level 5 |
Production and Support Staff Level 5 |
1064.60 |
28.02 |
|
Level 6 |
Production and Support Staff Level 6 |
1097.10 |
28.87 |
|
Level 7 |
Company Dancer Level 1; |
1126.30 |
– |
|
Level 8 |
Company Dancer Level 2; |
1167.40 |
30.721 |
|
Level 9 |
Musician; |
1183.50 |
– |
|
Level 10 |
Company Dancer Level 3; |
1207.70 |
31.781 |
|
Level 11 |
Company Dancer Level 4; |
1245.80 |
– |
|
Level 12 |
Company Dancer Level 5 |
1287.60 |
– |
|
Level 13 |
Company Dancer Level 6; |
1334.40 |
– |
|
Level 14 |
Company Dancer Level 7; |
1389.80 |
– |
|
Level 15 |
Conductor-Leader |
1508.20 |
– |
1 Rates apply to Production and Support Staff Classifications only.
NOTE: For rates for other classifications see Part 5—Performers and Company Dancers, Part 6—Musicians and Part 7—Striptease Artists.
11.2 Further minimum rates for Performers and Company Dancers, Musicians and Striptease Artists are set out in clauses 31—Minimum rates, 40—Minimum rates and 50—Minimum rates respectively.
(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
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.
For school-based apprentices, see Schedule C—School-based Apprentices.
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[11.6(b) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. 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.
[Note inserted by PR723829 ppc 01Nov20; deleted by PR726419; inserted by PR730832; deleted by PR731022 ppc 01Nov21]
12. Time off instead of payment for overtime
[Varied by PR763286]
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
(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;
(iv) that any payment mentioned in clause 12.3(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by this clause is set out at Schedule G—Agreement for time off instead of payment for overtime. There is no requirement to use the form of agreement set out at Schedule G—Agreement for time off instead of payment for overtime. An agreement under clause 12 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(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.
(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 varied by PR763286 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(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.
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
(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.
[Varied by PR719051, PR729524, PR738928, PR740930, PR762356, PR774138]
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 31—Minimum rates, 32—Allowances, 41—Allowances, 44—Overtime and penalty rates, 51—Allowances, 60—Allowances, and 63—Overtime and penalty rates).
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
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.
[14.2(b) varied by PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
An allowance of $0.98 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.
(i) Weekly and full-time employees
[14.2(d)(i) varied by PR719051, PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
Where the employer does not launder uniforms, a weekly or full-time employee will be paid a laundry allowance of $4.39 per week for blouses and shirts and $11.42 per week for other garments.
(ii) Other than weekly and full-time employees
[14.2(d)(ii) varied byPR719051, PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
For employees other than weekly and full-time employees, a laundry allowance of $3.52 per day will be paid up to a maximum of $15.91 per week.
14.3 Expense-related travel allowances
An employee required by the employer to travel away from their place of residence will be reimbursed up to the actual cost of an economy class fare or equivalent to their destination. This provision will not apply where the employer provides and arranges transport.
(b) Travel to and from airports
[14.3(b) varied by PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
An employee required to travel to or from an airport will be reimbursed the cost of the transport to a maximum of $50.02. The reimbursement is not payable where the employer provides the transport.
(c) Accommodation allowance – 1 to 4 days
[14.3(c) varied by PR719051, PR740930, PR762356 ppc 01Jul23]
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 $234.50 per night.
(d) Accommodation allowance – more than one week (5 working days or more)
[14.3(d) varied by PR719051, PR740930, PR762356 ppc 01Jul23]
(e) Accommodation reimbursement
[14.3(e) varied by PR719051, PR740930, PR762356 ppc 01Jul23]
|
Destination |
Weekly amount |
|
Sydney and Melbourne |
1791 |
|
Adelaide, Hobart, Perth and Brisbane |
1264 |
|
Canberra |
1540 |
|
Other places |
1178 |
(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 to 4 days
[14.3(g) varied by PR719051, PR729524; renamed and substituted by PR738928 ppc 14Mar22; varied by PR740930, PR762356, PR774138 ppc 01Jul24]
Where the period of travel is 1 to 4 days and the employee is not provided with meals during the period of travel, the employer shall pay the employee a meal allowance of $35.13 for each meal period which occurs during the travel.
(h) Meals while travelling – one week (5 working days) or more
[14.3(h) varied by PR719051, PR729524; substituted by PR738928 ppc 14Mar22; varied by PR740930, PR762356, PR774138 ppc 01Jul24]
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 $356.29 per week or $71.26 per day in a broken week.
NOTE: The daily allowance is derived by dividing the weekly rate by 5.
(i) Incidentals allowance while travelling
[14.3(i) varied by PR719051; substituted by PR738928 ppc 14Mar22; varied by PR740930, PR762356 ppc 01Jul23]
When the period of travel is one week (5 working days) or more, an employee must be paid an allowance for incidentals up to a maximum of $110.93 per week or $22.19 per day in a broken week.
NOTE: The daily allowance is derived by dividing the weekly rate by 5.
(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.
15.1 Superannuation legislation
[15.1 substituted by PR771357 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 15 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
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.
(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
[15.5 varied by PR771357 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clauses 15.2 and 15.3 to another superannuation fund, the employer must make the superannuation contributions provided for in clauses 15.2 and 15.3 and pay any amount authorised under clauses 15.4(a) or 15.4(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) 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.
16.1 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).
16.4 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.
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 16.5 is set out at Schedule E—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Take Annual Leave in Advance.
(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.
(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
[18 varied by PR763286 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 24—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
20. Family and domestic violence leave
[20—Unpaid family and domestic violence leave renamed and substituted by PR750496 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR738928, PR747403]
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
[21.4 substituted by PR738928 ppc 14Mar22]
21.5 Production and Support staff
[21.5 substituted by PR738928 ppc 14Mar22]
NOTE: The public holiday rates for casual employees in clauses 21.4(b) and 21.5(b) have been calculated by adding the casual loading of 25% to the public holiday rate for full-time and part-time employees prescribed by clauses 21.4(a) and 21.5(a) respectively.
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 substituted by PR747403 ppc 14Nov22]
(a) If a public holiday is a part-day public holiday, then clause 21 applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
(b) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of a minimum payment/engagement period in clause 21.
Part 3—Workplace Delegates, Consultation and Dispute Resolution
[Part 3—Consultation and Dispute Resolution renamed by PR774802 from 01Jul24]
21A. Workplace delegates’ rights
[21A inserted by PR774802 from 01Jul24]
21A.1 Clause 21A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 21A.
21A.2 In clause 21A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
21A.3 Before exercising entitlements under clause 21A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
21A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
21A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
21A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 21A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
21A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 21A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
21A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
21A.9 Exercise of entitlements under clause 21A
(a) A workplace delegate’s entitlements under clause 21A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 21A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 21A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 21A.
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.
23.3 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
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.
[Varied by PR763286, PR777314, PR778054]
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.
24.3 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.
24.6 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.
[Note 1 and Note 2 inserted by PR763286; deleted by PR778054 from 26Aug24]
[Note inserted by PR778054 from 26Aug24; varied by PR777314 from 27Aug24]
NOTE: In addition to clause 24, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 4—Termination of Employment and Redundancy
[Varied by PR727672, PR738571]
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.
|
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.
(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:
[25.3(d)(iii) inserted by PR727672 ppc 12Mar21]
(iii) The provisions of 25.3(d)(i) and (ii) above will not apply to an employee who has been definitely engaged for a production which cannot be produced or presented due to a Covid-19 related closure of the venue in which the performance was to take place, or as a direct result of a government directive or health authorities restricting the number of people gathering in a place of live entertainment. In these circumstances an employee will be entitled to 2 weeks payment at the applicable minimum weekly rate for such classification.
[25.3(d)(iv) inserted by PR727672; substituted by PR738571 ppc 12Mar22]
(iv) Clause 25.3(d)(iii) operates from 12 March 2022 until 12 September 2022.
(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.
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
[Varied by PR777032 ppc 16Jul24]
27.1 An employee may be engaged:
(a) on a weekly basis under clauses 28—Weekly employees and 28A—Weekly employees under fixed term contracts—additional provisions;
(b) on a weekly part-time basis under clause 29—Weekly part-time employees; or
(c) as a casual under clause 30—Casual employees.
[Varied by PR777032]
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 varied by PR777032 ppc 16Jul24]
28.3 A weekly performer or company dancer may be engaged:
(a) On an ongoing weekly basis;
(b) Weekly for the run of play or plays; or
(c) Weekly under fixed term contract(s) in accordance with clause 28A.
NOTE: Section 333E of the Act prohibits the engagement of employees under fixed term contracts in the circumstances described in subsections (2) to (4). Clause 28.3(c) permits the use of fixed term contracts in these circumstances subject to clause 28A. Nothing in clauses 28.3(c) and 28A prohibits or restricts the use of fixed term contracts where any of the exceptions in sections 333F(1)(a)-(g) and (i) of the Act applies and the engagement is otherwise permitted by the Act and this award.
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.
28A. Weekly employees under fixed term contracts—additional provisions
[28A inserted by PR777032 ppc 16Jul24]
28A.1 A weekly performer may be engaged on a series of fixed term contracts, other than for the run of play or plays, if:
(a) the engagement of the performer under the series of fixed term contracts is for the purpose of a single production; or
(b) the total period of service under the series of fixed term contracts does not exceed two years.
28A.2 A weekly company dancer may be engaged under a fixed term contract, or a series of consecutive fixed term contracts, if:
(a) the company dancer is classified on engagement as a Company Dancer Level 1 (Level 7); and
(b) the total period of operation of the contract or series of contracts does not exceed 3 years.
NOTE: A company dancer may progress to a higher classification in accordance with Schedule A—Classification Definitions during their engagement.
28A.3 Despite clause 28A.2, a weekly company dancer may be engaged by an employer under a single fixed term contract if:
(a) the company dancer was an employee of the employer as at 30 June 2024;
(b) the fixed term contract is entered into on or after 1 July 2024 but before 31 December 2024;
(c) the period for which the company dancer has been employed by the employer at the time the fixed term contract is entered into is greater than 2 years; and
(d) the term of the fixed term contract does not exceed 12 months.
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 10—Classifications and 11—Minimum 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 35—Overtime 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 33—Ordinary hours of work and rostering will be paid at overtime rates in accordance with the provisions in clause 35—Overtime 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.
[Varied by PR723975, PR733852]
[30.1 substituted by PR733852 from 27Sep21]
30.1 An employer must inform an employee that they are employed as a casual employee, stating by whom they are employed, their 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.
[New 30.3 inserted by PR723975 ppc 20Nov20]
30.3 When a casual employee works overtime, they must be paid the overtime rates in clause 35.2.
[30.3 renumbered as 30.4 by PR723975 ppc 20Nov20]
30.4 A casual employee must be paid at the termination of each engagement but may agree to be paid weekly or fortnightly.
[30.4 renumbered as 30.5 by PR723975 ppc 20Nov20]
[Varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR763783, PR773968]
31.1 The minimum rates for performers and company dancers are set out in clause 11—Minimum 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)
[31.4(a) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR763783, PR773968 ppc 01Jul24]
(a) Supernumeraries engaged by the week will be paid an hourly rate of $33.83 or a weekly part-time rate of $811.90 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.
(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.
(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.
(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.
[31.6(c)(i) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
[31.6(c)(ii) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
Casual employees on tour will be paid the applicable travel allowances in clause 14.3.
[31.6(e) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
Casual supernumeraries will be paid $35.10 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.
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.
[31.8(a)(ii) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
(ii) An employee engaged at the training level will be paid between $872.50 and $1016.90 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.
[Varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968]
32.1 Employers must pay to an employee the allowances the employee is entitled to under clause 32.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
32.2 Wage-related allowances
[32.2(a) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
An employee who agrees to appear nude or semi-nude will be paid no less than an additional $28.39 per week.
[32.2(b) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
An employee who is required to act as an Assistant Stage Manager as part of their duties will be paid an additional $55.74 per week.
[32.2(c) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
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 $72.26 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 33—Ordinary 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
[32.2(f) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
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 $50.58 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
[32.2(h)(i) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
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 |
69.99 |
|
Leading role |
49.96 |
|
Supporting role |
30.04 |
|
Minor supporting role |
23.95 |
(ii) Understudy per performance allowance
[32.2(h)(ii) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
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 |
150.10 |
|
Leading role |
99.93 |
|
Supporting role |
60.08 |
|
Minor supporting role |
47.90 |
(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.
[32.2(h)(iv) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
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 $53.47 extra per week in addition to their weekly rate.
(i) Deputy Ballet Master/Mistress (for Company Dancers)
[32.2(i)(i) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
[32.2(i)(ii) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
32.3 Expense-related allowances
(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
[Varied by PR719051, PR729524, PR740930, PR762356, PR774138]
(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.
· 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 34—Breaks.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
[33.2(e)(iv) varied by PR719051, PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
(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 $22.59 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.
(a) The maximum number of performances for which the ordinary weekly rate is paid will be:
|
|
Performance length |
Maximum number |
|
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:
(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
(c) If an employee is engaged by the week pursuant to clause 28—Weekly 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.
[Varied by PR719051, PR729524, PR740930, PR762356, PR774138]
(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.
[34.1(e) varied by PR719051, PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
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.
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.
(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
[Varied by PR723975]
35.1 Performers engaged by the week or for a longer period
(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
[35.2 varied by PR723975 ppc 20Nov20]
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 a full-time or part-time employee or 175% of the minimum hourly rate for a casual employee, for each 15 minutes or part thereof of the restriction or extension.
[Note inserted by PR723975 ppc 20Nov20]
NOTE: The overtime rate for a casual employee has been calculated by adding the casual loading prescribed by clause 30.2 to the overtime rate for a full-time and part-time employee prescribed by clause 35.2.
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.
(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.
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.
38.2 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.
[Varied by PR723975, PR733852]
[39.1 deleted by PR733852 from 27Sep21]
[39.2 renumbered as 39.1 by PR733852 from 27Sep21]
39.1 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 renumbered as 39.2 by PR733852 from 27Sep21]
39.2 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.
[New 39.4 inserted by PR723975 ppc 20Nov20; 39.4 renumbered as 39.3 by PR733852 from 27Sep21]
39.3 When a casual employee works overtime, they must be paid the overtime rates in clauses 44.1, 44.2 and 44.3.
[39.4 renumbered as 39.5 by PR723975, 39.5 renumbered as 39.4 by PR733852 from 27Sep21]
39.4 Casual employees must be paid at the termination of each engagement, but may agree to be paid weekly or fortnightly.
[Varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968]
[40.1 varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
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 |
49.31 |
147.93 |
61.64 |
184.92 |
|
Musician required to accompany artists |
11 |
51.91 |
155.73 |
64.89 |
194.67 |
|
Principal Musician |
14 |
57.91 |
173.73 |
72.39 |
217.17 |
|
Conductor-Leader |
15 |
62.84 |
188.52 |
78.55 |
235.65 |
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.
(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%.
[Varied by PR718899, PR719051; corrected by PR726038; varied by PR729340, PR729524, PR740766, PR740930, PR762190, PR762356, PR773968, PR774138]
41.1 Employers must pay to an employee the allowances the employee is entitled to under clause 41.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
(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:
[41.2(b)(i) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
(i) weekly employee—$41.29 per week; or
[41.2(b)(ii) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
(ii) casual employee—$13.42 per call.
[41.2(c) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
An employee performing solo in an orchestra will receive $7.23 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:
[41.2(f)(i) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
(i) $144.73 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,
[41.2(f)(ii) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
(ii) a minimum payment of $156.08 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,
[41.2(f)(iii) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
(iii) $297.51 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%,
[41.2(f)(iv) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
(iv) $213.69 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,
[41.2(f)(v) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
· 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
[41.3(a) varied by PR719051, PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
[41.3(b) varied by PR719051, PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
(b) A harpist must be paid an instrument upkeep allowance of $5.10 per call.
[41.3(c) varied by PR719051, PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
(c) Where a weekly percussionist provides the complete percussion kit, or a substantial part of the percussion kit, as defined in clause 2—Definitions, they must be paid in addition to their ordinary rate of pay an allowance of $12.37 per week.
42. Ordinary hours of work and rostering
Subject to the overtime provisions in clause 44—Overtime and penalty rates, the duration of a call will not exceed 3 hours and will include all intervals and breaks as time worked.
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
[Varied by PR723975, PR729524, PR738928, PR740930, PR762356, PR774138]
[44.1 substituted by PR723975 ppc 20Nov20]
[44.2 varied by PR723975 ppc 20Nov20]
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 for a full-time or part-time employee or at 225% of the minimum rate for a casual employee.
[44.3 varied by PR723975 ppc 20Nov20]
44.3 Any call in excess of 2 worked on any one day will be paid for at 150% of the minimum rate for a full-time or part-time employee or at 175% of the minimum rate for a casual employee.
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.
[NOTE inserted by PR723975 ppc 20Nov20]
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 39.2 to the overtime rates for full-time and part-time employees prescribed by clauses 44.1, 44.2 and 44.3.
(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.
[44.6(a)(ii) substituted by PR738928 ppc 14Mar22]
(ii) Casual employees—225% of the minimum hourly rate with a minimum payment as for 3 hours.
NOTE: The Sunday rate for casual employees has been calculated by adding the casual loading of 25% to the Sunday rate for weekly employees prescribed by clause 44.6(a)(i).
[44.6(b) varied by PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
(b) An employee who is required by their employer to travel on a Sunday will be paid $14.23 in addition to the applicable allowances in clause 14.2, unless paid the Sunday rate in clause 44.6.
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.
46.1 An employer may employ full-time employees in any classification in clause 49—Classifications.
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.
(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 54—Overtime.
46.7 For each ordinary hour worked, a full-time employee must be paid the minimum hourly rate for the appropriate classification.
46.9 A shift cannot be longer than 10 hours.
[Varied by PR733852]
47.1 An employer may employ part-time employees in any classification in clause 49—Classifications.
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.
(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.
[47.6 deleted by PR733852 from 27Sep21]
[47.7 renumbered as 47.6 by PR733852 from 27Sep21]
47.6 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 54—Overtime.
[47.8 renumbered as 47.7 by PR733852 from 27Sep21]
47.7 For each ordinary hour worked, a part-time employee must be paid the appropriate minimum hourly rate.
[47.9 renumbered as 47.8 by PR733852 from 27Sep21]
[47.10 renumbered as 47.9 by PR733852 from 27Sep21]
47.9 A shift cannot be longer than 10 hours.
[Varied by PR723975]
48.1 An employer may employ casual employees in any classification in clause 49—Classifications.
[48.2 varied by PR723975 ppc 20Nov20]
(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%.
48.4 A shift cannot be longer than 10 hours.
[New 48.5 inserted by PR723975 ppc 20Nov20]
48.5 When a casual employee works overtime, they must be paid the overtime rates in clause 54.1(d).
[48.5 renumbered as 48.6 by PR723975 ppc 20Nov20]
48.6 Casual employees must be paid at the termination of each engagement, but may agree to be paid weekly or fortnightly.
[48.6 renumbered as 48.7 by PR723975 ppc 20Nov20]
48.7 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.
49.1 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.
[Varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968]
[50 varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
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 |
949.20 |
24.98 |
|
Performer |
965.60 |
25.41 |
[Varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968]
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.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
(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.
[51.2(c) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
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 $34.07 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.
52.1 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.
53.1 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.
[Varied by PR723975]
54.1 All employees
[54.1 renamed by PR723975 ppc 20Nov20]
(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.
[54.1(c) varied by PR723975 ppc 20Nov20]
[New 54.1(d) inserted by PR723975 ppc 20Nov20]
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 48.2 to the overtime rates for full-time and part-time employees prescribed by clause 54.1(c).
[54.1(d) renumbered as 54.1(e) by PR723975 ppc 20Nov20]
[54.1(e) renumbered as 54.1(f) by PR723975 ppc 20Nov20]
(f) 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
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 61—Ordinary hours of work and rostering.
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 11—Minimum 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 63—Overtime 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 61—Ordinary hours of work and rostering will be paid at overtime rates in accordance with the provisions in clause 63—Overtime and penalty rates.
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.
[Varied by PR723975, PR733852, PR738928]
[57.1 substituted by PR733852 from 27Sep21]
57.1 A casual employee may be engaged 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 substituted by PR738928 ppc 14Mar22]
57.3 For each ordinary hour worked, a casual employee must be paid the minimum hourly rate specified in clause 11—Minimum rates, for the relevant classification level, plus a loading of 25% of the minimum hourly rate.
[57.4 inserted by PR723975 ppc 20Nov20]
57.4 When a casual employee works overtime, they must be paid the overtime rates in clause 63.2.
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.
Minimum rates for Production and Support Staff are set out in clause 11.1.
[Varied by PR718899, PR719051; corrected by PR726038; varied by PR729340, PR729524, PR740766, PR740930, PR762190, PR762356, PR773968, PR774138]
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.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
(a) Transmission or recording allowance
[60.2(a) varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
(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
[60.3(a)(i) varied by PR719051, PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
[60.3(a)(ii) varied by PR719051, PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
(b) Tools and equipment allowance
[60.3(b)(i) varied by PR719051, PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
[60.3(b)(ii) varied by PR719051, PR729524, PR740930, PR762356, PR774138 ppc 01Jul24]
(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
(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.
(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 2—Definitions), 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.
(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 61—Ordinary 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
(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 61—Ordinary hours of work and rostering.
63. Overtime and penalty rates
[Varied by PR723975; corrected by PR724664; varied by PR738928]
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 varied by PR723975; corrected by PR724664 ppc 20Nov20]
(a) A casual employee will receive overtime calculated to the nearest quarter of an hour.
(i) 175% of the minimum hourly rate for the first 2 hours; and
(ii) 225% of the minimum hourly rate after 2 hours.
(i) 175% of the minimum hourly rate for the first 4 hours; and
(ii) 225% of the minimum hourly rate after 4 hours.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 57.3 to the overtime rates for weekly employees prescribed by clause 63.1.
(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.
[63.3(c) substituted by PR723975 ppc 20Nov20]
[63.3(d) varied by PR723975 ppc 20Nov20]
[NOTE inserted by PR723975 ppc 20Nov20]
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 57.3 to the overtime rates for full-time and part-time employees prescribed by clauses 63.3(c) and 63.3(d).
[63.4(a) varied by PR723975 ppc 20Nov20]
(a) A full-time or part-time 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.
[New 63.4(b) inserted by PR723975; substituted by PR738928 ppc 14Mar22]
[63.4(c) inserted by PR723975; corrected by PR724664; deleted by PR738928 ppc 14Mar22]
[63.4(b) renumbered as 63.4(d) by PR723975; corrected by PR724664 ppc 20Nov20; varied and renumbered as 63.4(c) by PR738928 ppc 14Mar22]
(c) 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) and 63.4(b) 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
(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) 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
[Varied by PR718899, PR719051; corrected by PR726038; varied by PR729340, PR729524; corrected by PR739155; varied by PR740766, PR740930, PR750833, PR762190, PR762356, PR773968, PR774138]
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 varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
B.1.1 The wage-related allowances in this award are based on the standard rate as defined in Clause 2—Definitions as the minimum weekly rate for a Level 4 employee in clause 11.1 = $1032.30.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Part 5—Performers and Company Dancers |
|
|
|
|
|
Nude allowance |
32.2(a) |
2.75 |
28.39 |
per week |
|
Assistant Stage Manager allowance |
32.2(b) |
5.4 |
55.74 |
per week |
|
Driver or a person in charge whilst on tour |
32.2(c) |
7.0 |
72.26 |
per week |
|
Making of an advertisement—television or radio (4 hour minimum payment) |
32.2(f) |
4.9 |
50.58 |
per hour |
|
Understudy allowances (part understudied)—Star role |
32.2(h)(i) |
6.78 |
69.99 |
per week |
|
Understudy allowances (part understudied)—Leading role |
32.2(h)(i) |
4.84 |
49.96 |
per week |
|
Understudy allowances (part understudied)—Supporting role |
32.2(h)(i) |
2.91 |
30.04 |
per week |
|
Understudy allowances (part understudied)—Minor supporting role |
32.2(h)(i) |
2.32 |
23.95 |
per week |
|
Understudy allowances (additional amount per performance)—Star role |
32.2(h)(ii) |
14.54 |
150.10 |
per performance |
|
Understudy allowances (additional amount per performance)—Leading role |
32.2(h)(ii) |
9.68 |
99.93 |
per performance |
|
Understudy allowances (additional amount per performance)—Supporting role |
32.2(h)(ii) |
5.82 |
60.08 |
per performance |
|
Understudy allowances (additional amount per performance)—Minor supporting role |
32.2(h)(ii) |
4.64 |
47.90 |
per performance |
|
Dance Captain allowance |
32.2(h)(iv) |
5.18 |
53.47 |
per week |
|
Deputy Ballet Master/Mistress |
32.2(i)(i) |
12.19 |
125.84 |
per week |
|
Company dancer supervising classes on irregular basis |
32.2(i)(ii) |
6.09 |
62.87 |
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) |
4.0 |
41.29 |
per week |
|
Supply of music—casual employee |
41.2(b)(ii) |
1.3 |
13.42 |
per call |
|
Soloist—performing solo in orchestra |
41.2(c) |
0.7 |
7.23 |
per instrument per call |
|
Televised performance |
41.2(f)(i) |
14.02 |
144.73 |
per performance |
|
Radio broadcast |
41.2(f)(ii) |
15.12 |
156.08 |
per broadcast |
|
Simulcast broadcast |
41.2(f)(iii) |
28.82 |
297.51 |
per simulcast |
|
Audio-visual or visual recording of performance |
41.2(f)(iv) |
20.7 |
213.69 |
per performance |
|
Audio recording of performance—for which there can be 21 minutes of finished material |
41.2(f)(v) |
15.12 |
156.08 |
per performance |
|
Part 7—Striptease Artists |
|
|
|
|
|
Parades involving exposure of parts of the body |
51.2(c) |
3.3 |
34.07 |
per parade |
|
Part 8—Production and Support Staff |
|
|
|
|
|
Transmission or recording of performance allowance—one payment only |
60.2(a) |
15.9 |
164.14 |
single payment |
1.Allowance is calculated as a percentage of the total minimum call rate – see clause 41.2(a).
B.1.2 Automatic adjustment of wage-related allowances
[B.1.2 renamed and substituted by PR750833 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
[B.2 varied by PR718899; corrected by PR726038; varied by PR729340, PR740766, PR762190, PR773968 ppc 01Jul24]
|
Casual Rehearsal/ Performance Rates |
Clause |
% of standard rate |
$ |
Payable |
|
Part 5—Performers and Company Dancers |
|
|
|
|
|
Rehearsal payment, minimum one hour |
31.6(c)(i) |
4.8 |
49.55 |
per hour |
|
Rehearsal payment, for each subsequent half hour or part thereof |
31.6(c)(i) |
2.4 |
24.78 |
per half hour or part thereof |
|
Rehearsal payment, if employee leaves prior to one hour |
31.6(c)(ii) |
2.4 |
24.78 |
per half hour or part thereof of actual time worked |
|
Casual supernumeraries, minimum call payment |
31.6(e) |
3.4 |
35.10 |
per hour |
B.3 Expense-related allowances
[B.3.1 varied by PR719051, PR729524 ppc 01Nov21; corrected by PR739155 ppc 14Mar22; varied by PR740930, PR762356, PR774138 ppc 01Jul24]
B.3.1 The following expense-related allowances will be payable to employees in accordance with clauses 14—General 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 |
0.98 |
per km |
|
Laundry allowance—weekly and full time employees—blouses and shirts |
14.2(d)(i) |
All groups |
4.39 |
per week |
|
Laundry allowance—weekly and full time employees—other garments |
14.2(d)(i) |
All groups |
11.42 |
per week |
|
Laundry allowance—other than weekly and full-time employees—per day |
14.2(d)(ii) |
All groups |
3.52 |
per day |
|
Laundry allowance—other than weekly and full-time employees—maximum per week |
14.2(d)(ii) |
All groups |
15.91 |
per week |
|
Travel to and from airports—reimbursement—a maximum amount of |
14.3(b) |
Private motoring sub-group |
50.02 |
per occasion |
|
Accommodation allowance—one week or less |
14.3(c) |
Domestic holiday travel and accommodation sub-group |
234.50 |
per night |
|
Accommodation allowance—more than one week—per night |
14.3(d) |
Domestic holiday travel and accommodation sub-group |
178.90 |
per night |
|
Accommodation allowance—more than one week—maximum per week |
14.3(d) |
Domestic holiday travel and accommodation sub-group |
894.63 |
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 |
1791 |
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 |
1264 |
per week |
|
Accommodation allowance—where employer does not provide accommodation—maximum weekly amount—Canberra |
14.3(e) |
Domestic holiday travel and accommodation sub-group |
1540 |
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 |
1178 |
per week |
|
Meals while travelling—one to 4 days—per meal period |
14.3(g) |
Take away and fast foods sub-group |
35.13 |
per meal period |
|
Meals while travelling—one week (5 working days) or more—maximum per week |
14.3(h) |
Take away and fast foods sub-group |
356.29 |
per week |
|
Meals while travelling—one week (5 working days) or more—per day |
14.3(h) |
Weekly allowance / 5 |
71.26 |
per day |
|
Incidentals allowance while travelling one week (5 working days) or more—maximum per week |
14.3(i) |
Domestic holiday travel and accommodation sub-group |
110.93 |
per week |
|
Incidentals allowance while travelling one week (5 working days) or more—per day |
14.3(i) |
Weekly allowance / 5 |
22.19 |
per day |
|
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 |
32.3(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 |
22.59 |
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 |
35.13 |
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 |
1.94 |
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 |
5.10 |
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 |
12.37 |
per week |
|
Travel on Sunday |
44.6(b) |
Transport group |
14.23 |
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 |
22.59 |
per meal interval |
|
Meal allowances—2 back to back performances |
60.3(a)(ii) |
Take away and fast foods sub-group |
22.59 |
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 |
11.03 |
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 |
1.14 |
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.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
[Varied by PR729672, PR742256, PR762969, PR774051]
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 varied by PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
D.4.2 Provided that the minimum amount payable must be not less than $106 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5.1 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 varied by PR729672, PR742256, PR762969, PR774051]
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 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 deleted by PR747403 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR737963; deleted by PR746868 ppc 17Oct22]
Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.
Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
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