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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 |
|||||