MA000091

Broadcasting, Recorded Entertainment and Cinemas Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 August 2023 (PR763296).

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

6—Requests for flexible working arrangements

17—Time off instead of payment for overtime

20—Parental leave and related entitlements

26—Dispute resolution

 

Table of Contents

[Varied by PR746868, PR747412, PR750436]

Part 1— Application and Operation of this Award.......................................................................... 6

1. Title and commencement................................................................................................ 6

2. Definitions...................................................................................................................... 6

3. The National Employment Standards and this award......................................................... 7

4. Coverage......................................................................................................................... 8

5. Individual flexibility arrangements.................................................................................... 9

6. Requests for flexible working arrangements.................................................................... 11

7. Facilitative provisions..................................................................................................... 11

Part 2— Types of Employment and Classifications........................................................................ 12

8. Types of employment..................................................................................................... 12

9. Full-time employees....................................................................................................... 12

10. Part-time employees...................................................................................................... 13

11. Casual employees.......................................................................................................... 13

12. Cadets........................................................................................................................... 14

Part 3— Wages and Allowances................................................................................................... 16

13. Classifications and minimum rates.................................................................................. 16

14. Payment of wages.......................................................................................................... 26

15. Allowances.................................................................................................................... 26

16. Superannuation............................................................................................................. 29

17. Time off instead of payment for overtime....................................................................... 30

Part 4— Leave and Public Holidays............................................................................................... 32

18. Annual leave.................................................................................................................. 32

19. Personal/carer’s leave and compassionate leave.............................................................. 37

20. Parental leave and related entitlements.......................................................................... 37

21. Community service leave................................................................................................ 38

22. Family and domestic violence leave................................................................................ 38

23. Public holidays............................................................................................................... 38

Part 5— Consultation and Dispute Resolution.............................................................................. 39

24. Consultation about major workplace change................................................................... 39

25. Consultation about changes to rosters or hours of work................................................... 40

26. Dispute resolution......................................................................................................... 40

Part 6— Termination of Employment and Redundancy................................................................. 41

27. Termination of employment........................................................................................... 41

28. Redundancy.................................................................................................................. 42

Part 7— Television Broadcasting.................................................................................................. 43

29. Ordinary hours of work and rostering.............................................................................. 44

30. Meal breaks................................................................................................................... 45

31. Overtime....................................................................................................................... 47

32. Shift and weekend penalties........................................................................................... 48

33. Extra rates of pay not cumulative.................................................................................... 49

34. Allowances.................................................................................................................... 49

Part 8— Radio Broadcasting......................................................................................................... 56

35. Hours of work—Announcers and Broadcaster/Journalists................................................. 56

36. Hours of work—Technical staff........................................................................................ 57

37. Rosters—Announcers and Broadcaster/Journalists........................................................... 58

38. Rosters—Technical staff.................................................................................................. 58

39. Meal breaks—Announcers and Broadcaster/Journalists................................................... 59

40. Meal Breaks—Technical staff.......................................................................................... 59

41. Breaks between shifts—All radio broadcasting staff......................................................... 59

42. Overtime—Announcers and Broadcaster/Journalists........................................................ 60

43. Overtime—Technical staff............................................................................................... 61

44. Penalty rates—Announcers and Broadcaster/Journalists.................................................. 62

45. Penalty rates—Technical staff......................................................................................... 63

46. Allowances.................................................................................................................... 64

Part 9— Journalists...................................................................................................................... 66

47. Annualised wage arrangements—Journalist Grade 5 and above....................................... 66

48. Hours of work................................................................................................................ 68

49. Rostering....................................................................................................................... 68

50. Breaks........................................................................................................................... 69

51. Shift penalties................................................................................................................ 69

52. Allowances.................................................................................................................... 70

53. Distant engagements..................................................................................................... 71

54. Transfers........................................................................................................................ 72

55. Overtime....................................................................................................................... 73

Part 10— Cinemas....................................................................................................................... 74

56. Coverage....................................................................................................................... 74

57. Types of employment..................................................................................................... 75

58. Ordinary hours of work and rostering.............................................................................. 76

59. Rosters.......................................................................................................................... 77

60. Meal breaks................................................................................................................... 77

61. Overtime and penalty rates............................................................................................ 78

62. Allowances.................................................................................................................... 79

Part 11— Artists.......................................................................................................................... 81

63. Special definitions.......................................................................................................... 81

64. Terms of engagement..................................................................................................... 83

65. Hours of work................................................................................................................ 85

66. Allowances.................................................................................................................... 86

67. Meal breaks and rest breaks........................................................................................... 91

68. Overtime....................................................................................................................... 93

69. Penalty rates.................................................................................................................. 96

70. Lay days........................................................................................................................ 97

Part 12— Musicians..................................................................................................................... 97

71. Hours of work................................................................................................................ 97

72. Terms of engagement..................................................................................................... 97

73. Meal breaks and rest breaks........................................................................................... 98

74. Allowances.................................................................................................................... 98

75. Overtime..................................................................................................................... 100

76. Penalty rates................................................................................................................ 101

Part 13— Motion Picture Production.......................................................................................... 101

77. Hours of work.............................................................................................................. 101

78. Breaks between shifts.................................................................................................. 102

79. Meal breaks................................................................................................................. 102

80. Overtime..................................................................................................................... 103

81. Calculations of penalties and provision of rosters........................................................... 104

82. Casual employment...................................................................................................... 105

83. Allowances.................................................................................................................. 105

84. Travel.......................................................................................................................... 106

Schedule A —Television Broadcasting......................................................................................... 108

Schedule B —Radio Broadcasting............................................................................................... 163

Schedule C —Journalists............................................................................................................ 166

Schedule D —Cinema................................................................................................................. 168

Schedule E —Artists................................................................................................................... 173

Schedule F —Musicians.............................................................................................................. 178

Schedule G —Motion Picture Production.................................................................................... 179

Schedule H —Summary of Monetary Allowances........................................................................ 185

Schedule I —Supported Wage System......................................................................................... 193

Schedule J —Agreement for Time Off Instead of Payment for Overtime....................................... 196

Schedule K —Agreement to Take Annual Leave in Advance......................................................... 197

Schedule L —Agreement to Cash Out Annual Leave.................................................................... 199


Part 1—Application and Operation of this Award

1.                      Title and commencement

1.1                   This award is the Broadcasting, Recorded Entertainment and Cinemas Award 2020.

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

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

2.                      Definitions

[Varied by PR733838]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance or loading, when calculating any penalties or loadings or payment while they are on annual leave (see clause 34.2(a)).

broadcasting, recorded entertainment and cinema industry has the meaning given in clause 4.2.

cadet means an employee who is constantly or regularly in training in the collection of and/or preparation of material for television or radio news services and current affairs programs.

call means a performance or rehearsal or recording session or a combination of any of these for a minimum of 3 hours’ duration.

[Definition of casual employee inserted by PR733838 from 27Sep21]

casual employee has the meaning given by section 15A of the Act.

cinema means any building or structure used for the purpose of exhibiting films commercially and includes a drive-in.

daylight shifts mean all on-air shifts starting between 4.00 am and 5.59 pm, Monday to Friday.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

employee means national system employee within the meaning of the Act.

employer means national system employer within the meaning of the Act.

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

indigenous employee means an employee who is an Aboriginal or Torres Strait Islander person.

journalist means an employee engaged in the gathering, writing or preparing of news matter or news commentaries.

juvenile means an artist who is less than 16 years of age.

metropolitan television station means a station that is operated by a metropolitan commercial television broadcasting licensee in accordance with the Broadcasting Services Act 1992 (Cth).

minimum hourly rate means the hourly rate for an employee’s classification as specified in clause 13—Classifications and minimum rates.

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

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

non-metropolitan television station means a station other than a metropolitan television station.

ordinary hourly rate means the minimum hourly rate for an employee’s classification as specified in clause 13—Classifications and minimum rates plus any all-purpose allowance or loading to which the employee is entitled.

on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.

orchestra and/or band means a combination of musicians engaged to perform together.

standard rate means the minimum weekly rate for a Grade 5 entertainment employee in clause 13.3.

3.                      The National Employment Standards and this award

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

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

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

4.                      Coverage

[Varied by PR729350, PR740777, PR762200]

4.1                   This industry award covers employers throughout Australia in the broadcasting, recorded entertainment and cinema industry and their employees in the classifications set out in this award to the exclusion of any other modern award.

4.2                   Broadcasting, recorded entertainment and cinema industry means the production (including pre-production and post-production), broadcasting, distribution, showing, making available, and/or sale of audio and audio/visual content including but not limited to feature films, television programs (including series, serials, telemovies and mini-series), news, current affairs, sport, documentaries, video clips, digital video discs, television commercials, training films and the like whether for television exhibition, theatrical exhibition, sale to the public, digital media release or release in any other medium.

4.3                   This award does not cover:

(a)          news editors employed by a metropolitan television station; or

(b)         employers covered by the following awards with respect to employees covered by the:

(i)            Clerks—Private Sector Award 2020;

(ii)           Journalists Published Media Award 2020;

(iii)         Air Pilots Award 2020; or

(iv)         Commercial Sales Award 2020.

4.4                   The provisions of Part 2—Types of Employment and Classifications, Part 6—Termination of Employment and Redundancy and Part 9—Journalists (except for clauses 48.3, 52.2(b) and 52.2(c)) of this award will not apply to any journalist who would otherwise be covered by this award where:

(a)          the employee is employed on a fixed term contract; and

[4.4(b) varied by PR729350, PR740777, PR762200 ppc 01Jul23]

(b)         in the case of metropolitan television station, the employee is paid an annual salary not less than $110,742; or

[4.4(c) varied by PR729350, PR740777, PR762200 ppc 01Jul23]

(c)          in the case of non-metropolitan television station, the employee is paid an annual salary not less than $89,838.

4.5                   This award covers any employer which supplies labour on an on-hire basis in the broadcasting, recorded entertainment and cinema industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6                   This award covers employers which provide group training services for trainees engaged in the broadcasting, recorded entertainment and cinema industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described are being performed. Clause 4.6 operates subject to the exclusions from coverage in this award.

4.7                   This award does not cover:

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

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

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

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

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

5.                      Individual flexibility arrangements

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

(a)          arrangements for when work is performed; or

(b)         overtime rates; or

(c)          penalty rates; or

(d)         allowances; or

(e)          annual leave loading.

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

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

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

(a)          give the employee a written proposal; and

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

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

5.6                   An agreement must do all of the following:

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

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

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

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

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

5.7                   An agreement must be:

(a)          in writing; and

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

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

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

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

5.11               An agreement may be terminated:

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

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

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

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

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

6.                      Requests for flexible working arrangements

[6 substituted by PR763296 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 26—Dispute resolution and/or under section 65B of the Act.

7.                      Facilitative provisions

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

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

Clause

Provision

Agreement between an employer and:

11.4

Casual employment – payment of wages

An individual

14.1

Payment of wages

An individual

17

Time off instead of payment for overtime

An individual

0

Annual leave in advance

An individual

18.11

Cashing out of annual leave

An individual

23.2(b)

Public holidays – substitution

An individual

23.2(c)

Public holidays – part-day – substitution

An individual

29.4

Television Broadcasting – ordinary hours of work and rostering

The majority of employees

30.1

Television Broadcasting – meal breaks

An individual

34.2(f)(v)

Television Broadcasting – director’s loading

An individual

35.3(b)

Radio Broadcasting – hours on air

An individual

39.3

Radio Broadcasting –announcers and broadcaster/journalists – meal breaks

An individual

40.3

Radio Broadcasting – technical staff – meal break during shift

The majority of employees

43.4

Radio Broadcasting– technical staff – overtime – meal break

An individual

47

Journalists – annualised salary

An individual

49.1

Journalists – rostering

The majority of employees

57.4(d)

Cinemas – casual employment – payment of wages

An individual

61.3(a)

Cinemas – consecutive hours off duty

An individual

77.1

Motion Picture Production – hours of work

The majority of employees

   

Part 2—Types of Employment and Classifications

8.                      Types of employment

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

8.2                   Special provisions for employees in cinemas

Clauses 9—Full-time employees to 11.5 will not apply to employees in cinemas (see clause 57—Types of employment).

9.                      Full-time employees

9.1                   Except as specified elsewhere in this award a full-time employee is an employee who is engaged to work 38 hours per week.

9.2                   A full-time employee must be provided with a written statement setting out their classification, applicable pay scale and terms of engagement.

10.                 Part-time employees

10.1               A part-time employee is an employee who:

(a)          works less than 38 hours per week;

(b)         has regular, reasonably predictable and continuous employment; and

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

10.2               A part-time employee is entitled to receive the ordinary hourly rate for ordinary hours worked.

10.3               An employer is required to roster a part-time employee for a minimum of 4 consecutive hours on any day or shift.

10.4               At the time of engagement, the employer and the part-time employee will agree in writing on a regular pattern of work which specifies as a minimum:

(a)          the hours worked each day including the starting and finishing time; and

(b)         the days of the week the employee will work.

10.5               A copy of the agreement in clause 10.4 must be provided to the employee.

10.6               The terms of the agreement in clause 10.4 may be varied by consent. Any agreed variation to the pattern of work will be recorded in writing, with a copy of the variation provided to the employee.

10.7               All hours worked in excess of the hours as mutually arranged will be overtime and will be paid as such.

10.8               Despite clause 10.4, the hours of a television journalist may be altered by the employer giving the employee 7 days’ notice in writing, provided that there is no change to the total agreed number of ordinary hours of work.

11.                 Casual employees

[Varied by PR723872, PR733838, PR750436]

[11.1 substituted by PR733838 from 27Sep21]

11.1               An employer when engaging a casual must inform the employee that they are employed as a casual, their classification level and rate of pay.

[11.2 varied by PR750436 ppc 15Mar23]

11.2               A casual employee must be paid at the relevant minimum hourly rate plus a loading of 25%.

[Note inserted by PR750436 ppc 15Mar23]

NOTE: The casual loading is payable instead of entitlements from which casuals are excluded by the terms of this award and the NES. See Part 2-2 of the Act. 

[New 11.3 inserted by PR723872 ppc 20Nov20]

11.3               When a casual employee works overtime, they must be paid the overtime rates in clauses 31, 42, 43, 55, 61, 68, 75 and 80.

[11.3 renumbered as 11.4 by PR723872 ppc 20Nov20]

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

[11.4 renumbered as 11.5 by PR723872 ppc 20Nov20]

11.5               Casual employees are entitled to a minimum payment of 4 hours’ pay on each occasion they are required to attend for work unless otherwise specified in this Award.

11.6               Offers and requests for casual conversion

[11.5 renumbered as 11.6 by PR723872; renamed and substituted by PR733838 from 27Sep21]

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 26—Dispute resolution.

12.                 Cadets

12.1               A journalist can be employed on a cadetship in accordance with clause 12.

12.2               The period of cadetship is as follows:

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

(b)         For a cadet who commenced cadetship as a graduate of an approved tertiary course, the period of cadetship must not exceed 12 months during which the cadet is to be paid at the appropriate percentage for a final year cadet.

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

(d)         Periods of training in journalism on any newspaper or in any radio or television station are to be taken into account in calculating the period of cadetship.

12.3               Cadet training requirements and related matters

(a)          Cadets must be instructed progressively throughout their cadetship in practical journalism and a responsible person will supervise that training. Cadets must also be given the opportunity to acquire a full knowledge of the handling of news/current affairs from its collection to its broadcast/televising.

(b)         A cadet must be given instruction and practical demonstrations in matters such as news presentation and sub-editing.

(c)          A cadet must retain copies of material prepared by the cadet for checking by, and discussion with, the person responsible for cadet training.

(d)         A cadet may be given explanations concerning changes to the material prepared by the cadet.

(e)          A cadet is required to attend or study a series of lectures by senior journalists and/or other authorities on the theory and practices of journalism, such as lectures on the laws or practices currently in force on the subjects of libel, contempt of court, parliamentary and court privilege and also lectures on political and economic or other subjects of value to the cadet.

(f)           Lectures given during study for a diploma of journalism course are deemed to be lectures for purposes of these requirements.

(g)          A cadet must be tested from time to time to ascertain the level of knowledge of news and/or current affairs.

(h)         A cadet must learn shorthand and typing and must be examined from time to time to determine the progress being made, subject to the following:

(i)            A cadet is not entitled to become a second year cadet without having attained a minimum standard of 60 words per minute in shorthand.

(ii)           A cadet who commenced cadetship pursuant to clauses 12.2(a) or 12.2(b) is not entitled to be classified as a journalist without having obtained a minimum standard of 80 words per minute in shorthand.

(iii)         An employer is in a particular case able to waive the attainment of the standards in clause 12.3(h)(i) and 12.3(h)(ii) as a condition of promotion to the next higher year of cadetship or to the classified staff.

(iv)         Tuition in shorthand will be arranged by the employer either within or outside the office. Whether or not such tuition is given within the office, the person responsible for supervising that part of the training of a cadet must regularly monitor the progress being made by each cadet, and particularly whether or not the cadet’s record of attendance at classes is satisfactory.

(v)           A cadet must be permitted by the employer to be absent during ordinary working hours for periods not exceeding a total of 4 hours in any week to attend instruction in shorthand and typing.

(i)            A cadet must be given wide practical experience in reporting work. To this end a cadet will, so far as practicable, be required to gain experience in as many sections as possible.

(j)           Cadets will from time to time accompany classified journalists on assignments to receive practical instruction.

(k)         A cadet may apply for leave of absence to attend at an Australian university or college of advanced education for a course of the diploma of journalism or other courses approved by the employer.

(l)            All lectures and other fees for the studies prescribed in clause 12.3(k) will be made available by the employer, provided that reports of the cadet’s conduct and progress are satisfactory.

Part 3—Wages and Allowances

13.                 Classifications and minimum rates

[Varied by PR730228, PR729350, PR733838, PR740777, PR749974, PR762200]

13.1               All employees covered by this award must be classified according to the structures set out in Schedule A—Television Broadcasting to Schedule G—Motion Picture Production and paid the minimum rates set out in clause 13 for their classification. Employers must advise their employees in writing of their classification and of any change to their classification.

13.2               Common salary structure

For the purposes of clause 13 only, a common salary structure is adopted for the purposes of establishing minimum rates of pay. This structure is as follows:

(a)          Grade 1 entertainment employee includes the following classifications:

[13.2(a) substituted by PR749974 ppc 30Jan23]

No classifications. The minimum rate for a Grade 1 entertainment employee is used for the purposes of calculating the adult cadet rates in clause 13.7 only.

(b)         Grade 2 entertainment employee includes the following classifications:

Motion Picture Production Employee Level 1.

(c)          Grade 3 entertainment employee includes the following classifications:

Motion Picture Production Employee Level 2.

(d)         Grade 4 entertainment employee includes the following classifications:

Trainee (other than trainee director), Assistant Technician, Assistant Master Control Operator, Assistant Hair or Make-up Artist, Carpenter’s Assistant, Wardrobe Assistant/Keeper, Assistant Still Photographer (non-trade), Set and Prop Painter (non-trade) and Property Assistant/Studio Hand/Prop and Scenery Storeperson/Set Dresser, Trainee Captioner/Audio Describer—Television Broadcasting; Broadcast operator—Radio; Motion Picture Production Employee Level 3.

(e)          Grade 5 entertainment employee includes the following classifications:

Technician B, Audio Operator B, Lighting Operator B, Master Control B, Videotape Operator, Camera Operator B, Producer/Director’s Assistant/VCG Operator, Assistant Floor Manager, Hair or Makeup Artist, Carpenter—Trade level, Wardrobe Person, Still Photographer (trade level), Set and Property Painter (trade) and Studio Hand A/Set Dresser A, Trainee Subtitler/Subtitling Editor—Television Broadcasting; Extra/Stand-in, double—Television Programs and Feature Films etc.; Technician—Radio; Motion Picture Production Employee Level 4.

(f)           Grade 6 entertainment employee includes the following classifications:

Technician B+, Audio Operator B+, Lighting Operator B+, Master Control B+, Production Videotape Operator B, Vision Switcher, Assistant Presentation Co-ordinator, Music/Video Librarian, ENG Camera Assistant, Graphic Artist, Hair and Makeup Artist, Carpenter Trade Level—Television, Set Designer, Scenic Artist and Property Person/Senior Studioperson—Television Broadcasting.

(g)          Grade 7 entertainment employee includes the following classifications:

Technician A, Audio Operator A, Lighting Operator A, Master Control Operator A, Camera Operator A, Senior ENG Camera Assistant, Floor Manager, Senior Make-Up Artist—Television Broadcasting; Production Videotape Operator A/Editor B; Announcer Class 2 and Senior Technician—Radio; Bit Player—Feature Films; Motion Picture Production Employee Level 5; Broadcaster/Journalist Class 2.

(h)         Grade 8 entertainment employee includes the following classifications:

Technician A+, Audio Operator A/Audio Director, Lighting Operator A/Lighting Director, Master Control A+, Vision Switcher Major Production, Editor A and ENG Camera Operator B, Senior/Specialist Graphic Artist, Trainee Director, Trainee Producer, Producer/Director’s Assistant/VCG Operator Major Production, Make-Up Supervisor/Hairdresser Supervisor, Senior Carpenter and Wardrobe Supervisor, Captioner/Audio Describer—Television Broadcasting; Announcer Grade 1—Radio; Performer Grade 1—Feature Films; Broadcaster/Journalist Class 1.

(i)            Grade 9 entertainment employee includes the following classifications:

Senior Technician B, Senior Audio Director B, Senior Lighting Director B, Senior MC Operator B, Senior Production Videotape Operator/Post-Production Editor B, Music/Video Library Supervisor, Senior Camera Operator B, Director, Floor Manager Major Production and Senior Set Designer—Television Broadcasting; Motion Picture Production Employee Level 6.

(j)           Grade 10 entertainment employee includes the following classifications:

Presentation Co-ordinator—Television Broadcasting; Performer Grade 2—Television Programs and Feature Films Etc.; Engineer—Radio.

(k)         Grade 11 entertainment employee includes the following classifications:

Senior Technician A, Senior Audio Director A, Senior Lighting Director A, Senior MC Operator A, Post-Production Editor A, Senior Camera Operator A, Senior Photographer, ENG Camera Operator A, Multi-skilled Captioner/Audio Describer—Television Broadcasting; Motion Picture Production Employee Level 7; Chief Engineer—Radio.

(l)            Grade 12 entertainment employee includes the following classifications:

Senior Director, Senior ENG Camera Operator—Television Broadcasting.

(m)       Grade 13 entertainment employee includes the following classifications:

Supervisor Audio, Supervisor Lighting, Supervising Presentation Co-ordinator, Supervisor Camera, Supervising Graphic Artist, Set Designer Supervisor—Television Broadcasting.

(n)         Grade 14 entertainment employee includes the following classifications:

Supervising Technician B, Master Control Supervisor, Video Supervisor/Post-Production Senior Editor, Director Major Production/Specialist, Advanced Multi-skilled Captioner/Audio Describer—Television Broadcasting.

(o)          Grade 15 entertainment employee includes the following classifications:

Supervising Technician A, Specialist ENG Camera Operator, Subtitler/Subtitling Editor and Captioner/Audio Describer Shift Leader or Trainer—Television Broadcasting.

(p)         Grade 16 entertainment employee includes the following classifications:

Supervising Technician A+, Supervising ENG Camera Operator, Supervising Director—Television Broadcasting; Motion Picture Production Employee Level 8.

(q)         Grade 17 entertainment employee includes the following classifications:

Motion Picture Production Employee Level 9.

(r)          Grade 18 entertainment employee includes the following classifications:

Motion Picture Production Employee Level 10.

13.3               Adult rates

[13.3 varied by PR729350, PR740777; PR749974; PR749974 ppc 30Jan23, PR762200 ppc 01Jul23]

An employer must pay adult entertainment employees in the classifications in clause 13.2 the following minimum rates for ordinary hours worked by the employee (subject to the provisions of clause 13.8):

Classification level

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Grade 11

859.30

22.61

Grade 2

882.80

23.23

Grade 3

914.90

24.08

Grade 4

945.00

24.87

Grade 5

995.00

26.18

Grade 6

1026.20

27.01

Grade 7

1057.40

27.83

Grade 8

1085.60

28.57

Grade 9

1116.10

29.37

Grade 10

1140.70

30.02

Grade 11

1164.10

30.63

Grade 12

1195.30

31.46

Grade 13

1226.40

32.27

Grade 14

1242.20

32.69

Grade 15

1289.30

33.93

Grade 16

1345.70

35.41

Grade 17

1377.00

36.24

Grade 18

1439.60

37.88

1 The minimum rate for a Grade 1 entertainment employee is used for the purposes of calculating the adult cadet rates in clause 13.7.

13.4               Employees in cinemas

[13.4 varied by PR730228, PR729350, PR740777, PR762200 ppc 01Jul23]

The minimum rates for employees in cinemas are calculated as follows:

Classifications

Base rate per week

8% penalty averaging per week

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

$

$

Cinema Worker Level 1

882.80

70.62

953.42

25.09

Cinema Worker Level 2

914.90

73.19

988.09

26.00

Cinema Worker Level 3

945.00

75.60

1020.60

26.86

Cinema Worker Level 4

995.00

79.60

1074.60

28.28

Cinema Worker Level 5

1057.40

84.59

1141.99

30.05

Cinema Worker Level 6

1085.60

86.85

1172.45

30.85

Cinema Worker Level 7

1116.10

89.29

1205.39

31.72

Zone Manager

1116.10

89.29

1205.39

31.72

NOTE 1: Employees in cinemas receive the 8% penalty averaging component instead of Sunday penalty payments and as compensation for reduced public holiday penalties. See also clauses 18.2 and 61.4.

NOTE 2: Zone Managers receive an additional allowance in accordance with clause 62.2.

13.5               Junior employee rates

(a)          The minimum rates of junior employees, other than junior employees in cinemas, are the following percentages of the minimum rate for an entertainment employee Grade 5:

Years of age

% of Grade 5

16

45

17

55

18

65

19

75

20

85

(b)         Junior employees in cinemas will be paid the percentages set out at clause 13.5(a) of the minimum rate for a Cinema Worker Level 4 in clause 13.4.

(c)          Clause 13.5(a) does not apply to the following junior employees:

(i)            a junior engaged in putting a television station to air working as the only operator and without supervision;

(ii)           a junior with 3 years’ full-time experience, or equivalent, in a television station;

(iii)         a junior employed in motion picture production classification; or

(iv)         musician classifications.

(d)         Junior employees in clause 13.5(c) must be paid the adult minimum rate for the appropriate classification.

(e)          Clauses 13.5(a), 13.5(c) and 13.5(d) do not apply to juveniles, as defined, in the performer classifications (including extras, double bit players). These performers will be paid at a rate of 50% of the adult minimum rate of the appropriate classification.

(f)           Service as a junior will count as service in a trainee adult classification.

13.6               Journalist rates

[13.6 varied by PR729350, PR740777, PR762200 ppc 01Jul23]

Grade

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Band 1

 

 

Journalist Grade 1

1085.60

28.57

Journalist Grade 2

1164.10

30.63

Journalist Grade 3

1289.30

33.93

Journalist Grade 4

1345.70

35.41

Band 2

 

 

Journalist Grade 5

1408.50

37.07

Journalist Grade 6

1502.00

39.53

Journalist Grade 7

1595.90

42.00

Band 3

 

 

Journalist Grade 8

1642.90

43.23

13.7               Cadet rates

The minimum weekly rates of cadets are calculated by applying the following percentages to the minimum weekly rate for a Journalist Grade 1, provided that an adult cadet will not be paid less than an Entertainment employee Grade 1.

Year of cadetship

% of Journalist Grade 1

1st

60

2nd

75

3rd

90

13.8               Artist rates

The minimum rates for performers are as follows. Minimum calls are subject to clause 64.3.

(a)          Casual engagement—hourly rates (with a minimum call of four hours)

[13.8(a) varied by PR729350 ppc 01Jul21; renamed by PR733838 from 27Sep21; varied by PR740777, PR762200 ppc 01Jul23]

Classifications

Hourly rate

 

$

Extra (advertising productions)

39.95

Extra (feature film)

35.84

Extra/Stand-In Double (other content)

32.63

Bit Player (content other than feature films and advertising productions)

34.74

Performer not required to speak more than 2 lines of dialogue (feature film)

47.89

Performer (advertising productions)

48.45

(b)         Daily rates

[13.8(b) varied by PR729350 ppc 01Jul21; renamed by PR733838 from 27Sep21; varied by PR740777, PR762200 ppc 01Jul23]

Classifications

Daily rate

 

$

Extra/Stand-In/Double

238.80

Performer Class 1 (content other than feature film and advertising productions)

260.61

Performer Class 1 (feature film)

304.03

Performer Class 2 (content other than feature film and advertising productions)

273.81

Performer Class 2 (feature film)

319.43

(c)          Weekly rates

[13.8(c) varied by PR729350 ppc 01Jul21; renamed by PR733838 from 27Sep21; varied by PR740777, PR762200 ppc 01Jul23]

Classifications

Weekly rate

(full-time employee)

 

$

Stand-In/Double

995.00

Bit Player

1057.40

Performer Class 1

1085.60

Performer Class 2

1140.70

(d)         Weekly rates in a serial drama or serial comedy

[13.8(d) varied by PR729350 ppc 01Jul21; renamed by PR733838 from 27Sep21; varied by PR740777, PR762200 ppc 01Jul23]

 

No. of episodes in which work
is performed in a week

Classifications

1 or 2

3

4

5

 

$

$

$

$

Double

995.00

1430.30

1865.60

2300.90

Bit Player

1057.40

1520.00

1982.60

2445.20

Performer Class 1

1085.60

1560.60

2035.50

2510.50

Performer Class 2

1140.70

1639.80

2138.80

2637.90

NOTE: See clause H.2.3 for method of adjusting rates in clause 13.8(d).

13.9               Interviews, auditions and screen tests

(a)          None of the provisions of this award apart from clause 13.9 will apply to an employee engaged solely for an interview, audition or screen test for a role in television or a feature film.

(b)         No payment need be made for the first interview or audition or screen test.

[13.9(c) varied by PR729350, PR740777, PR762200 ppc 01Jul23]

(c)          Minimum rates of pay for screen tests for television will be $82.09 or $68.16 if visual only.

[13.9(d) varied by PR729350, PR740777, PR762200 ppc 01Jul23]

(d)         Minimum rates of pay for any other audition and/or screen test will be $37.41 per hour or part thereof with a minimum payment of one hour. For the purpose of calculating payment under this provision the performer will be deemed to have commenced the audition or screen test at the time of the artist’s call or the artist’s arrival time whichever is the later.

(e)          Performers will be given the specific times of attendance required for an audition, screen test or interview.

13.10           Post-synchronisation or additional dialogue

(a)          A performer post-synchronising their own voice unless such work is carried out during the period of their engagement will be paid at the hourly rate, with a minimum call of 2.5 hours.

(b)         A performer revoicing another performer’s voice, engaged by the hour for a minimum of 2.5 hours will be paid per hour 6.3% of the relevant minimum weekly artist’s rate set out in clause 13.8(c).

13.11           Musicians (other than session singer rates)

[13.11 varied by PR729350, PR740777, PR762200 ppc 01Jul23]

For a minimum call of 3 hours’ duration the minimum payment is:

 

$

 

Per engagement

for a musician working in television broadcasting—performance

137.08

for a musician working in television broadcasting—rehearsal

103.70

for a musician working in records for sale to the public

147.63

for a musician working in feature films, documentaries, telemovies or television mini-series

201.02

13.12           Musicians (session singer rates)

[13.12 varied by PR729350, PR740777, PR762200 ppc 01Jul23]

For a minimum call of 3 hours’ duration the minimum payment is $243.94.

13.13           Higher duties

An employee (other than a journalist) engaged for half or more of one day on the duties of a higher classification must be paid the higher rate for the whole day.

13.14           Supported wage system

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule I—Supported Wage System.

13.15           National training wage

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

[13.15(b) varied by PR729350, PR740777, PR762200 ppc 01Jul23]

(b)         This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Broadcasting and Recorded Entertainment Award 2020 and not the Miscellaneous Award 2020.

14.                 Payment of wages

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

14.1               All employees must be paid weekly or fortnightly by cash, cheque or electronic funds transfer, except where the employer is currently paying monthly in which case that system may continue. Provided also that by written agreement between an employer and an individual employee in the relevant enterprise, wages may be paid monthly.

14.2               All amounts due to an employee in respect of work carried out during a week or fortnight must be paid to the employee within the succeeding 7 days.

14.3               Payment on termination of employment

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

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

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

(b)         The requirement to pay wages and other amounts under clause 14.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

NOTE 2: Clause 14.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 14.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

15.                 Allowances

[Varied by PR729350, PR729534, PR740777, PR740940, PR762200, PR762367]

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

15.1               Employers must pay to an employee the allowances the employee is entitled to under clause 15. (Other allowances may be payable under clauses 34, 46, 52, 62, 66, 74 and 83).

NOTE: See Schedule H—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

15.2               Wage-related examples

(a)          First aid allowance

Where an employer appoints an appropriately qualified employee as a first aid attendant the employee will be paid an allowance of:

[15.2(a)(i) varied by PR729350, PR740777, PR762200 ppc 01Jul23]

(i)            $19.90 per week for full-time employees; or

[15.2(a)(ii) varied by PR729350, PR740777, PR762200 ppc 01Jul23]

(ii)           $0.52 per hour for part-time and casual employees (up to a maximum of $19.90 per week).

(b)         Language allowance

[15.2(b)(i) varied by PR729350, PR740777, PR762200 ppc 01Jul23]

(i)            Where an indigenous employee is required to have a recognised proficiency in English as well as that employee’s traditional Aboriginal and Torres Strait Islander language for the performance of the employee’s duty, the employer will pay the employee an allowance as follows:

·   Level 1—$1588.62 per annum

Level 1 is an elementary level. This level is appropriate for employees who are capable of using a minimal knowledge of language for general communication.

·   Level 2—$3180.42 per annum

Level 2 represents a level of ability for the ordinary purpose of general business, conversation, reading, writing and production.

(ii)           The employee is required to obtain bilingual accreditation through a recognised Aboriginal and Torres Strait Islander Language Centre/Group or an alternative agency agreed to between the employer and the employee. This proof of language proficiency must be obtained before the employee is entitled to this allowance.

15.3               Expense-related allowances

(a)          Vehicle allowance

[15.3(a)(i) varied by PR729534, PR740940, PR762367 ppc 01Jul23]

(i)            Where the employer requires an employee to use their own vehicle in the course of their employment the employer must pay the employee an allowance of $0.95 per kilometre.

[15.3(a)(ii) varied by PR729534, PR740940, PR762367 ppc 01Jul23]

(ii)           Where the employer requires an employee to use their own motorcycle in the course of their employment the employer must pay the employee an allowance of $0.49 per kilometre.

(b)         Working late and working early

(i)            If an employee not permanently employed on night work is engaged until a time when the ordinary means of public transport are not available, or is required to start work before their normal means of transport are available, they will be reimbursed the necessary expense of transport to or from their home, or transport will be provided by the employer.

(ii)           Clause 15.3(b) does not apply to:

·   non-metropolitan television stations or their employees; or

·   an employee where clause 34.3(b) applies.

(c)          Uniform allowance

Where an employee is responsible for the laundering and/or cleaning of a uniform the employer will pay the employee an allowance of $1.51 per rostered day up to a maximum of $7.41 per week.

(d)         Telephone rental allowance

If the employer requires an employee to have a telephone (including mobile or fixed line) the employer must reimburse the employee for the rental cost.

(e)          Tools of trade

(i)            Where the employer requires the employee to provide any tools for the performance of their work, the employer must reimburse the employee the cost of purchasing the tools.

(ii)           Where any tools supplied or paid for by the employer are lost through the negligence of the employee the cost of their replacement may be deducted from the employee’s wage.

(f)           Protective clothing

Where an employee is required by law to wear protective clothing and the employee purchases the clothing the employer must reimburse the employee for the cost of purchase.

16.                 Superannuation

16.1               Superannuation legislation

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

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

16.2               Employer contributions

(a)          An employer must make such superannuation contributions at their ordinary rate 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.

(b)         Despite the provisions of clause 16.2(a) an employer must also make superannuation contributions to a superannuation fund on behalf of a performer (excluding extras, doubles and stand-ins) between the ages of 16 and 18 as if the performer were 18 if:

(i)            the juvenile is engaged on a 12 week contract or longer;

(ii)           the juvenile has been employed in the broadcasting and recorded entertainment industry for a minimum of six professional engagements; or

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

16.3               Voluntary employee contributions

(a)          Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 16.2.

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

(c)          The employer must pay the amount authorised under clauses 16.3(a) or 16.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 16.3(a) or 16.3(b) was made.

16.4               Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 16.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 16.2 and pay the amount authorised under clauses 16.3(a) or 16.3(b) to one of the following superannuation funds or its successor:

(a)          AustralianSuper;

(b)         Media Super;

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

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

17.                 Time off instead of payment for overtime

[Varied by PR763296]

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

17.2               Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 17.

17.3               For employees other than employees in cinemas (where the relevant overtime is performed on a Sunday or public holidays) an agreement under clause 17 must be made in writing and must state each of the following:

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

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

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

(d)         that any payment mentioned in clause 17.3(c) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 17 is set out at Schedule J—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule J—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 17 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

17.4               The period of time off that an employee is entitled to take is:

(a)          for employees in cinemas (where the relevant overtime is performed on a Sunday or public holidays) and radio broadcasting technical staff—equivalent to the overtime payment that would have been made; and

EXAMPLE: By making an agreement under clause 17 an employee who worked 2 overtime hours at 150% is entitled to 3 hours’ time off.

(b)         for all other employees and employees in cinemas (where the relevant overtime is performed other than on a Sunday or public holidays)—the same as the number of overtime hours worked.

EXAMPLE: By making an agreement under clause 17 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

17.5               Time off must be taken:

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

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

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

17.7               If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 17.5, the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

17.8               The employer must keep a copy of any agreement under clause 17 as an employee record.

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

17.10           An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 17 will apply, including the requirement for separate written agreements under clause 17.2 for overtime that has been worked.

[Note varied by PR763296 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

17.11           If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 17 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 17.

Part 4—Leave and Public Holidays

18.                 Annual leave

[Varied by PR747412, PR751098]

18.1               Annual leave is provided for in the NES.

18.2               Where an employee, other than a journalist or a cinema worker, works on Sundays and/or public holidays as part of their ordinary rostered hours of work, the employee must be allowed additional annual leave as follows:

Number of days worked

Additional leave

Between 6 and 8 days inclusive

1 day

Between 9 and 11 days inclusive

2 days

Between 12 and 14 days inclusive

3 days

Between 15 and 17 days inclusive

4 days

18 days or more

5 days

NOTE: section 87(1)(b) of the Act does not apply as employees under clause 18 are not defined or described as shiftworkers for the purposes of the NES.

18.3               Annual leave loading

Before the start of the employee’s annual leave the employer must pay the employee:

(a)          Subject to clauses 32.1(d) and 32.2(d), instead of the base rate of pay referred to in section 90(1) of the Act, the amount the employee would have earned for working their normal hours, exclusive of overtime had they not been on leave; and

(b)         An additional loading of 17.5% of the relevant minimum wage for their classification as set out in this award.

18.4               Electronic funds transfer (EFT) payment of annual leave

Despite anything else in clause 18, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

18.5               Special annual leave provisions for Journalists

(a)          Journalists are required to work on public holidays (other than Christmas Day and Good Friday) at ordinary rates of pay and are entitled to an extra 2 weeks’ annual leave.

[18.5(b) varied by PR747412 ppc 14Nov22]

(b)         If a journalist is not required to work on a particular public holiday, the employer must notify the employee at least 14 days prior to the public holiday and that day will be an annual leave day or part-day.

(c)          Should Christmas Day or Good Friday fall during an employee’s annual leave, the employee will be allowed an extra day’s annual leave or be paid at 200% of the ordinary rate for one day.

NOTE: Section 87(1)(b) of the Act does not apply as employees under clause 18.5 are not shiftworkers for the purposes of the NES.

18.6               Direction to take annual leave during shutdown

[18.6 renamed and substituted by PR751098 ppc 01May23]

(a)          Clause 18.6 applies if an employer:

(i)            intends to shut down all or part of its operation for a particular period for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned (temporary shutdown period); and

(ii)           wishes to require affected employees to take paid annual leave during that period.

(b)         The employer must give the affected employees 28 days’ written notice of a temporary shutdown period, or any shorter period agreed between the employer and the majority of relevant employees.

(c)          The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 18.6(b) and who will be affected by that period as soon as reasonably practicable after the employee is engaged.

(d)         The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown period.

(e)          A direction by the employer under clause 18.6(d):

(i)            must be in writing; and

(ii)           must be reasonable.

(f)           The employee must take paid annual leave in accordance with a direction under clause 18.6(d).

(g)          In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 18.6(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.

(h)         An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 18.7.

(i)            In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 18.7, to which an entitlement has not been accrued, is to be taken into account.

(j)           Clauses 18.8 to 18.10 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 18.6.

18.7               Annual leave in advance

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

(b)         An agreement must:

(i)            state the amount of leave to be taken in advance and the date on which leave is to commence; and

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

NOTE: An example of the type of agreement required by clause 18.7 is set out at Schedule K—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule K—Agreement to Take Annual Leave in Advance.

(c)          The employer must keep a copy of any agreement under clause 18.7 as an employee record.

(d)         If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 18.7, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

18.8               Excessive leave accruals: general provision

NOTE: Clauses 18.8 to 18.10 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2-2, Division 6 of the Act.

(a)          An employee (other than a journalist required to work on public holidays) has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave. A journalist required to work on public holidays has an excessive leave accrual if the employee has accrued more than 12 weeks’ paid annual leave.

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

(c)          Clause 18.9 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d)         Clause 18.10 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

(a)          If an employer has genuinely tried to reach agreement with an employee under clause 18.8(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b)         However, a direction by the employer under clause 18.9(a):

(i)            is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 18.8, 18.9 or 18.10 or otherwise agreed by the employer and employee) are taken into account; and

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

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

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

(c)          The employee must take paid annual leave in accordance with a direction under clause 18.9(a) that is in effect.

(d)         An employee to whom a direction has been given under clause 18.9(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 18.9(d) may result in the direction ceasing to have effect. See clause 18.9(b)(i).

NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

18.10           Excessive leave accruals: request by employee for leave

(a)          If an employee has genuinely tried to reach agreement with an employer under clause 18.8(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b)         However, an employee may only give a notice to the employer under clause 18.10(a) if:

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

(ii)           the employee has not been given a direction under clause 18.9(a) that, when any other paid annual leave arrangements (whether made under clause 18.8, 18.9 or 18.10 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c)          A notice given by an employee under clause 18.10(a) must not:

(i)            if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 18.8, 18.9 or 18.10 or otherwise agreed by the employer and employee) are taken into account; or

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

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

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

(d)         An employee is not entitled to request by a notice under clause 18.10(a) more than 4 weeks’ paid annual leave in any period of 12 months.

(e)          The employer must grant paid annual leave requested by a notice under clause 18.10(a).

18.11           Cashing out of annual leave

(a)          Paid annual leave must not be cashed out except in accordance with an agreement under clause 18.11.

(b)         Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 18.11.

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

(d)         An agreement under clause 18.11 must state:

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

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

(e)          An agreement under clause 18.11 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

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

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

(i)            The employer must keep a copy of any agreement under clause 18.11 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 18.11.

NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 18.11.

NOTE 3: An example of the type of agreement required by clause 18.11 is set out at Schedule L—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule L—Agreement to Cash Out Annual Leave.

19.                 Personal/carer’s leave and compassionate leave

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

20.                 Parental leave and related entitlements

[20 varied by PR763296 ppc 01Aug23]

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

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 26—Dispute resolution and/or under section 76B of the Act.

21.                 Community service leave

Community service leave is provided for in the NES.

22.                 Family and domestic violence leave

[22—Unpaid family and domestic violence leave renamed and substituted by PR750436 ppc 15Mar23]

Family and domestic violence leave is provided for in the NES.

NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.

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

23.                 Public holidays

[Varied by PR747412]

23.1               Public holiday entitlements are provided for in the NES.

23.2               Except as otherwise provided for in this award:

(a)          An employee (other than a journalist or a cinema employee) required to work on a public holiday will be paid:

(i)            250% of the ordinary rate with a minimum payment of 4 hours; or

(ii)           be provided with an additional day off work.

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

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

[Note deleted by PR747412 ppc 14Nov22]

23.3               Part-day public holidays

[23.3 substituted by PR747412 ppc 14Nov22]

(a)          Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 23.2(a)(i).

(b)         If a public holiday is a part-day public holiday, then clause 23.2(a)(ii) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

Part 5—Consultation and Dispute Resolution

24.                 Consultation about major workplace change

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

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

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

(i)            the introduction of the changes; and

(ii)           their likely effect on employees; and

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

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

24.2               For the purposes of the discussion under clause 24.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a)          their nature; and

(b)         their expected effect on employees; and

(c)          any other matters likely to affect employees.

24.3               Clause 24.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

24.4               The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 24.1(b).

24.5               In clause 24 significant effects, on employees, includes any of the following:

(a)          termination of employment; or

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

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

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

(e)          alteration of hours of work; or

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

(g)          job restructuring.

24.6               Where this award makes provision for alteration of any of the matters defined at clause 24.5, such alteration is taken not to have significant effect.

25.                 Consultation about changes to rosters or hours of work

25.1               Clause 25 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

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

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

(a)          provide to the employees and representatives mentioned in clause 25.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

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

25.4               The employer must consider any views given under clause 25.3(b).

25.5               Clause 25 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

26.                 Dispute resolution

[Varied by PR763296]

26.1               Clause 26 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

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

26.3               If the dispute is not resolved through discussion as mentioned in clause 26.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

26.4               If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 26.2 and 26.3, a party to the dispute may refer it to the Fair Work Commission.

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

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

26.7               A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 26.

26.8               While procedures are being followed under clause 26 in relation to a dispute:

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

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

26.9               Clause 26.8 is subject to any applicable work health and safety legislation.

[Note 1 inserted by PR763296 ppc 01Aug23]

NOTE 1: In addition to clause 26, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.

[Note 2 inserted by PR763296 ppc 01Aug23]

NOTE 2: In addition to clause 26, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.

Part 6—Termination of Employment and Redundancy

27.                 Termination of employment

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

27.1               Notice of termination by an employee

(a)          Clause 27.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

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

Table 1—Period of notice

Column 1

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

Column 2

Period of notice

Not more than 1 year

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

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

(c)          In clause 27.1(b) continuous service has the same meaning as in section 117 of the Act.

(d)         If an employee who is at least 18 years old does not give the period of notice required under clause 27.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e)          If the employer has agreed to a shorter period of notice than that required under clause 27.1(b), then no deduction can be made under clause 27.1(d).

(f)           Any deduction made under clause 27.1(d) must not be unreasonable in the circumstances.

27.2               Job search entitlement

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

(b)         The time off under clause 27.2 is to be taken at times that are convenient to the employee after consultation with the employer.

28.                 Redundancy

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

28.1               Transfer to lower paid duties on redundancy

(a)          Clause 28.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b)         The employer may:

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

(ii)           transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 28.1(c).

(c)          If the employer acts as mentioned in clause 28.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

28.2               Employee leaving during redundancy notice period

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

(b)         The employee is entitled to receive the benefits and payments they would have received under clause 28 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

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

28.3               Job search entitlement

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

(b)         If an employee is allowed time off without loss of pay of more than one day under clause 28.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c)          A statutory declaration is sufficient for the purpose of clause 28.3(b).

(d)         An employee who fails to produce proof when required under clause 28.3(b) is not entitled to be paid for the time off.

(e)          This entitlement applies instead of clause 27.2.

Part 7—Television Broadcasting

Part 7 applies to those employees performing work in the classifications contained in Schedule A—Television Broadcasting.

29.                 Ordinary hours of work and rostering

[Varied by PR747412]

29.1               The ordinary hours of work for television broadcasting employees will be an average of 38 hours per week to be worked on any day of the week in accordance with clauses 29.2, 29.3 or 29.4.

29.2               The ordinary hours of work must not exceed 38 hours per week to be worked in shifts of 7.6 continuous hours (exclusive of meal periods).

29.3               The employer may, after consultation with employees in a relevant division, section or unit at the workplace, implement a roster period of 28 consecutive days, within which employees will have 9 days off work, comprised of 8 clear days off as provided for in clause 29.5, plus an additional day off (an accrued day off). Provided that:

(a)          The employer must designate one of the 9 days off work as an accrued day off.

(b)         For work performed on an accrued day off only and where there is no agreement to bank the accrued day off, an employee will be entitled to be paid overtime at 200% of the ordinary hourly rate for all time worked or 250% of the ordinary hourly rate for all time worked on a public holiday (with a minimum payment of 4 hours), and the provisions of clause 29.2 will not apply.

(c)          During the 28 day roster period a minimum of 2 days off will be rostered consecutively.

(d)         The daily spread of ordinary time hours available for the roster period set out in clause 29.3 will be a minimum of 6 and a maximum of 10 hours in any one day or shift.

29.4               By agreement between the employer and the majority of employees in a division, section or unit of the workplace any arrangement for working ordinary hours, in substitution for the arrangements set out in clauses 29.2 and 29.3, will be implemented subject to:

(a)          no more than 152 ordinary hours being worked in a 28 day roster period;

(b)         the ordinary daily spread of continuous hours being a minimum of 4 and a maximum of 12; and

(c)          employees receiving at least 9 days off in a 28 day roster period.

29.5               Days off duty

(a)          The ordinary weekly hours of work will be worked so that each employee will be given 2 clear days off work each week.

(b)         Where the 38 hour week is implemented in a manner specified in clauses 29.3 or 29.4 the employees of a division, section or unit may agree with their employer to bank up to a maximum of 5 days off to be taken at a mutually agreed time. If an accrued day off remains untaken at the time of an employee’s termination it will be paid.

29.6               Rostering

(a)          All rosters must specify the starting and finishing times of the ordinary hours of work of shifts for each employee.

(b)         The rosters will be posted at the station concerned at least 7 clear days before they come into operation, provided that:

(i)            a roster may be departed from at short notice in cases of emergency over which the employer has no control; and

(ii)           an employee who receives less than 7 days’ notice of a change of roster will be paid at the rate specified in clause 31.2 for all time worked during the first shift resulting from the change that falls outside their rostered shift.

(c)          For the purposes of clause 29.6, 7 clear days’ notice of change is calculated so that 7 clear days’ notice expires no later than midnight before the day on which the shift to be changed is rostered.

(d)         Changes to rosters must be in accordance with clause 25—Consultation about changes to rosters or hours of work (where applicable).

(e)          With the approval of the supervisor in charge of the department or section concerned, employees may exchange shifts or days off or to perform duty for other employees, provided that any excess hours worked will not involve the employer in overtime payments.

(f)           Where an employee’s rostered day off falls on a public holiday, the employee must:

(i)            receive an additional day off;

(ii)           receive an additional day added to their annual leave; or

(iii)         be paid an additional day’s pay instead, if agreed between the employer and the employee.

[29.6(g) inserted by PR747412 ppc 14Nov22]

(g)          If a public holiday is a part-day public holiday, then clause 29.6(f) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

30.                 Meal breaks

30.1               An employee must be allowed a meal period during or at the end of each 5 hours of work. The meal period is to be no less than 30 but no more than 60 minutes. If an employee works a shift of 6 ordinary hours or less, the employee and the employer may agree not to take a meal break.

30.2               If an employee is directed to continue work after the time the meal period in clause 30.1 became due, work performed from this time until the meal period is allowed must be paid for:

(a)          weekdays—150% of the ordinary hourly rate;

(b)         Saturday and Sunday—200% of the ordinary hourly rate; and

(c)          public holidays—250% of the ordinary hourly rate.

30.3               Clause 30.2 does not apply in the following circumstances:

(a)          Transmitter Technicians—where the transmitter is remotely located and where only one technician is on duty;

(b)         Studio operations—Co-ordinators, Master Control, Videotape, Telecine and Audio Operators where relieving for a meal break would mean rostering an additional crew for a minimum of 4 hours. Except that, where it is practicable the employees referred to above must provide meal break relief for the other operators;

(c)          At weekends—when only one team is rostered for duty, providing that the exception in studio operations in clause 30.3(b) will apply;

(d)         Solus Operator—where the transmission from the studios is performed by a solus operator;

(e)          Production—those employees of the production crew who find it essential to eat on the job due to the nature of the work, providing that the meal break must be taken unless the work required is absolutely unavoidable; or

(f)           Outside broadcasts—where the taking of the second or subsequent meal break would unnecessarily delay the finishing time of the work, provided that the work can be finished within 2 hours of such meal break becoming due and the employees decide in favour of foregoing the meal period,

except that where it is permissible and practicable to eat on the job, the penalties will be payable in respect of the meal period only.

30.4               Where it is necessary for an employee to remain on-call during the meal period, that period must be counted as time worked.

30.5               Where an employee is required to perform work when on-call during the meal period the employee must be paid:

(a)          for all time worked on Monday to Friday inclusive—150% of the ordinary hourly rate;

(b)         for time worked on Saturday or Sunday—200% of the ordinary hourly rate; and

(c)          for time worked on a public holiday—250% of the ordinary hourly rate.

30.6               No employee performing work as Captioners/Audio Describers and Subtitlers/ Subtitling Editors in the classifications for that work contained in clause A.1.23 will be required to work on a visual display terminal for more than 2 hours without a break. Each employee is entitled to a 10 minute break in respect of each such 2 hour period worked. (This time shall count as time worked).

31.                 Overtime

[Varied by PR723872, PR747412]

[Note inserted by PR723872 ppc 20Nov20]

NOTE: The overtime rates for casual employees in clause 31 have been calculated by adding the casual loading prescribed by clause 11.2 to the ordinary hourly rate before applying the overtime rates prescribed for full-time and part-time employees.

31.1               The hourly rate for overtime purposes is to be calculated by dividing the relevant minimum weekly rate by 38.

[31.2 substituted by PR723872 ppc 20Nov20]

31.2               All time worked in excess of the ordinary hours is overtime and must be paid for as follows:

(a)          Full-time and part-time employees

(i)            Monday to Friday—150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after 2 hours;

(ii)           Saturday—175% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after 2 hours;

(iii)         Sunday—200% of the ordinary hourly rate; and

(iv)         Public holiday—250% of the ordinary hourly rate.

(b)         Casual employees

(i)            Monday to Friday—187.5% of the ordinary hourly rate for the first 2 hours and 250% of the ordinary hourly rate after 2 hours;

(ii)           Saturday—218.75% of the ordinary hourly rate for the first 2 hours and 250% of the ordinary hourly rate after 2 hours;

(iii)         Sunday—250% of the ordinary hourly rate; and

(iv)         Public holiday—312.5% of the ordinary hourly rate.

31.3               Where an employee is specifically brought in to work overtime on a Saturday, Sunday or public holiday, the minimum payment must be for 4 hours of work.

31.4               In calculating overtime each day’s work must stand alone, provided that where the overtime begins on one day and continues after midnight without interruption other than for meal breaks, the overtime must be paid on the basis that the employee has worked continuously.

31.5               Except in cases of a change of roster of which the employee has had 24 hours’ notice or where the employee agrees to bank an accrued day off, an employee who is required to work on any day for which the employee is rostered off duty will be entitled to payment at 200% of the ordinary hourly rate for all time worked or 250% of the ordinary hourly rate for public holidays with a minimum payment for 4 hours’ work.

[31.6 substituted by PR723872 ppc 20Nov20]

31.6               Except in the case of overtime worked under clause 31.5, where an employee having completed work and having left the place of work is recalled for work, not continuous with the next rostered shift, the employee must be paid overtime at the following rates with a minimum of 2 hours’ payment:

(a)          for a full-time or part-time employee—200% of the ordinary hourly rate; or

(b)         for a casual employee—250% of the ordinary hourly rate.

31.7               An employee who finishes overtime work at a time when reasonable means of transport are not available must either be provided with transport to their home or be paid at the overtime rate for the time reasonably required to reach their home after completing the overtime.

[31.8 substituted by PR723872 ppc 20Nov20]

31.8               An employee is entitled to a minimum break of 10 hours between the finish of work on one day and the start of work on the next day. If the employer requires an employee to resume work without such a break, the employee must be paid at the following rates for all time worked until they have had a break of at least 10 hours:

(a)          for a full-time or part-time employee—200% of the ordinary hourly rate; or

(b)         for a casual employee—250% of the ordinary hourly rate.

31.9               Work performed on part-day public holidays

[31.9 inserted by PR747412 ppc 14Nov22]

Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of any minimum payment/engagement period in clause 31.

32.                 Shift and weekend penalties

32.1               Shift duty allowance

(a)          Subject to the provisions of clause 32.1(c) an employee who works a rostered shift which finishes after 7.00 pm or a shift which finishes at or before 7.00 am on any day must be paid for that shift 15% more than their ordinary rate of pay.

(b)         Subject to the provisions of clause 32.1(c) an employee who works a rostered shift which begins before 7.00 am on any day must be paid for that shift 15% more than their ordinary rate of pay.

(c)          For all ordinary time worked on a rostered shift between midnight and 6.00 am the shift duty allowance prescribed in this award must be increased to 20% more than their ordinary rate of pay limited to the ordinary time worked between these hours.

(d)         The shift duty allowance in clause 32.1 must not be taken into account in calculating the additional rates prescribed for overtime, Saturday or Sunday work, work on public holidays, any payment for personal leave, or annual leave.

(e)          Employees performing work as Captioners/Audio Describers and Subtitlers/Subtitling Editors in the classifications for that work contained in clause A.1.23 will receive a penalty for all work on a shift commencing after 12.00 pm (noon) and before 6.00 pm and of at least 7 hours duration of 17%.

32.2               Weekend penalties

(a)          Saturday

All ordinary time worked on a rostered shift as part of ordinary rostered hours between midnight on Friday and midnight on Saturday must be paid for at 150% of the ordinary hourly rate.

(b)         Sunday

All ordinary time worked on a rostered shift as part of ordinary rostered hours between midnight on Saturday and midnight on Sunday must be paid for at 175% of the ordinary hourly rate.

(c)          The extra rates prescribed in clauses 32.2(a) and 32.2(b) must be in addition to the shift duty allowance prescribed by clause 32.1.

(d)         The extra rates prescribed in clauses 32.2(a) and 32.2(b) must not be taken into account in calculating any payment for annual leave.

33.                 Extra rates of pay not cumulative

The rates prescribed as payments additional to minimum ordinary weekly rates must not be cumulative so as to exceed the maximum of 200% of the ordinary hourly rate except on public holidays when the maximum rate must be 250% of the ordinary hourly rate.

34.                 Allowances

[Varied by PR729350, PR729534, PR740777, PR740940, PR762200, PR762367]

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

34.1               Employers must pay to an employee the allowances the employee is entitled to under clause 34.

NOTE: See Schedule H—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

34.2               Wage-related allowances

(a)          All-purpose allowances

Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:

(i)            Broadcast Operator’s Certificate of Proficiency (BOCP) allowance (clause 34.2(b));

(ii)           Television Operator’s Certificate of Proficiency (TVOCP) allowance (clause 34.2(c));

(iii)         Maintenance allowance (clause 34.2(d));

(iv)         Properties allowance (clause 34.2(e));

(v)           Director’s loading (clause 34.2(f));

(vi)         Videotape post-production allowance (clause 34.2(g));

(vii)       Videotape editing allowance (clause 34.2(h)).

(b)         Broadcast Operator’s Certificate of Proficiency (BOCP) allowance

[34.2(b) varied by PR729350, PR740777, PR762200 ppc 01Jul23]

A Technician, Audio, Lighting, Master Control, On-Air Presentation or Videotape employee with the BOCP qualification or with one of the following equivalent qualifications:

(i)            a qualification prescribed by the former Department of Communications as a prerequisite for a candidate for examination for the Television Operator’s Certificate of Proficiency;

(ii)           a qualification as an electrical tradesperson;

(iii)         an Electronics and Communications Certificate, without the Television Strand;

(iv)         any other qualification recognised by the employer as equivalent to the BOCP; or

(v)           any other trade certificate or diploma,

must be paid a weekly allowance of $17.91 for all purposes where the qualification is required for the performance of their duties.

(c)          Television Operator’s Certificate of Proficiency (TVOCP) allowance

[34.2(c) varied by PR729350, PR740777, PR762200 ppc 01Jul23]

A Technician, Audio, Lighting, Master Control, On-Air Presentation or Videotape employee with the TVOCP or with one of the following equivalent qualifications:

(i)            an Electronics and Communications Certificate with the Television Strand;

(ii)           any other completed formal qualification which is generally recognised in the industry provided that the course accreditation level is higher than the BOCP (or any of its post trade equivalents) and the employer requires the employee to apply the skills acquired, in the course of their employment; or

(iii)         a formal qualification for digital television accredited to a level higher than the BOCP (or any of its post trade equivalents),

must be paid a weekly allowance of $34.73 for all purposes in addition to the BOCP allowance prescribed in clause 34.2(b) where the skills acquired are used in the course of their employment.

(d)         Maintenance allowance

A Technician Audio, Lighting Master Control or Videotape employee will be paid an allowance of 6% of the relevant minimum weekly rate for all purposes of this award where the employee is required to be capable of and responsible for effecting maintenance of electronic television equipment.

(e)          Properties allowance

A Properties employee responsible for flying scenery or employed as a crane tracker or tonger will receive an allowance of 10% of the relevant minimum hourly rate per shift for all purposes.

(f)           Director’s loading

(i)            A Director classified as Supervising Director, Director/Specialist or Senior Director will be paid the Director’s loading of 25% of the minimum rate per week for their classification.

(ii)           The Director’s loading exempts the director from the operation of:

·   clause 18.3—Annual leave loading;

·   clause 29Ordinary hours of work and rostering;

·   clause 30.2—Meal break penalty;

·   clause 31Overtime (except for clause 31.5); and

·   clause 32Shift and weekend penalties.

(iii)         The Director will be given 2 clear days off work in each week.

(iv)         The Director’s loading is part of the employee’s rate of pay and accordingly is paid for all purposes of the award.

(v)           If by written agreement between the employee and employer the loading is not paid, the prescribed minimum rate per week will be paid. In such cases the exemption from the operation of award provisions in clause 34.2(f)(ii) will not apply.

(vi)         Director or Trainee Director

A Director classified as Director or Trainee Director will not be paid the Director’s loading and will not be exempt from the operation of award provisions in clause 34.2(f)(ii). If by written agreement between the director and employer the loading is paid the exemption from the operation of award provisions in clause 34.2(f)(ii) will apply.

(g)          Videotape post-production allowance

(i)            A Technician Audio, Lighting, Master Control or Videotape employee who is capable of and who performs videotape post-production work, which requires:

·   the use of complex computer editing equipment which controls vision switching functions and which in addition, may control special effects generators, audio switching equipment and other vision sources; and

·   the exercise of judgment in the selection of edit points,

will be paid an allowance of 10% of the rate of pay prescribed by this award for the classification in which the employee is classified under the award.

(ii)           This allowance is, where applicable, part of the employee’s rate of pay and is paid for all purposes of the award.

(h)         Videotape editing allowance

(i)            A Technician, Audio, Lighting, Master Control or Videotape employee who is capable of and who:

·   performs the work of the compilation of program material which requires the use of an external edit controller controlling 3 or more videotape machines; and/or

·   who exercises videotape editing techniques and skills accepted by the employer as equivalent to those required in the paragraph immediately above; or

·   performs the work of editing of videotape material for news bulletins,

must be paid an allowance of 4% of the rate of pay prescribed by this award for the classification in which the employee is classified under the award.

(ii)           The allowance does not apply where the work only involves dubbing, recording, program compilation or simple editing such as butt editing.

(iii)         This allowance is part of the employee’s rate of pay and is paid for all purposes of the award.

(i)            Height allowance

[34.2(i) varied by PR729350, PR740777, PR762200 ppc 01Jul23]

Employees engaged on work which the employer reasonably considers is work for which height money should be paid will be paid the following rates:

Height

$ per shift

15 metres to 50 metres

9.25

51 metres to 90 metres

19.50

Over 90 metres

32.34

(j)           A director who works as a producer

(i)            A director who works as a producer on any television program, in addition to the other payments to which the employee is entitled, is to be paid an allowance of 10% of the director’s minimum weekly rate. The allowance will be calculated on a daily basis by dividing the weekly rate by 5.

(ii)           For the purpose of clause 34.2(j), a producer is an employee who is responsible for the concept of programs, the originating of ideas and formats (or where a script is provided for interpreting the writer’s ideas and intentions), selection of music, hiring of talent, preparation and control of budgets, planning and supervision of scenarios and for all details of the production and completion of the program.

(k)         Back pack allowance

A camera employee required to operate back pack equipment or a Steadicam unit must, in addition to the other payments to which the employee is entitled, be paid an allowance of 10% of the relevant minimum hourly rate prescribed in clause 13—Classifications and minimum rates for each shift.

34.3               Expense-related allowances

(a)          Meal allowance

[34.3(a) varied by PR729534, PR740940, PR762367 ppc 01Jul23]

Where an employee is required to continue working beyond 30 minutes after a second or subsequent meal period becomes due the employee must be paid a meal allowance of $21.43 or provided with a substantial meal.

(b)         Working away from public transport or when public transport is unavailable

(i)            Clause 34.3(b) applies when:

·   the employee’s place of employment is 1.5 km or more from the nearest means of regular public transport; or

·   where an employee has to begin or stop work at a time when normal regular means of public transport are not available within a reasonable period of time.

(ii)           In the above circumstances the employer must either:

·   reimburse the employee for reasonable transport costs; or

·   provide the employee with transport to or from the nearest means of regular public transport.

(iii)         Clause 34.3(b) does not apply to non-metropolitan television stations or their employees.

(c)          Travel by rail, sea or air

(i)            Where an employee is required to travel by rail in the course of their duties, the employee will be reimbursed for the actual cost of first class accommodation and sleeper.

(ii)           Where an employee is required to travel by air the employer will:

·   reimburse the employee for the actual cost of economy class air travel; or

·   pay for the cost of the air travel.

(iii)         An employee can refuse to travel by air if the employee has a reasonable objection to air travel.

(iv)         An employee who travels by rail, sea or air in accordance with clause 34.3(c) will be reimbursed for all reasonable out-of-pocket expenses.

(v)           The provisions of clause 34.3(c) will not apply if the employer provides travel of the nature set out above.

(d)         Change of residence

In addition to the provisions of clause 34.3(c), where an employee is transferred and has to change their place of residence:

(i)            members of an employee’s family who are required to travel whether by rail, sea or air as the result of such transfer are entitled to reimbursement for the actual cost of their fares; and

(ii)           the removal and transmission of the employee’s furniture and household effects will be reimbursed by the employer.

(e)          Distant engagement

(i)            When an employee is required to carry out duty at any place other than the transmitting station or the studios, the employee must be reimbursed the cost of a taxi or other reasonable means of travel. The employee will not be reimbursed when the employer provides the travel.

(ii)           Where an employee is normally employed at the studios or at the transmitter and is required to perform temporary duties at a place other than the employee’s normal place of duty, the employee must be paid the actual excess travelling costs involved.

(iii)         Where an employee is normally employed at the studios or at the transmitter and is required to perform temporary duties at a place other than the employee’s normal place of duty, the employee must be paid an allowance equal to the normal rate of pay for all time spent travelling to and from the employee’s normal place of duty from the time of starting or finishing their rostered hours.

(f)           Special risks allowance

(i)            Where an employee performs any duty which would invalidate the employee’s personal insurance policies the employer will reimburse the employee for the cost of taking out additional personal insurance. Provided that the employer has been informed of the risk of invalidation before the employee undertakes these duties.

(ii)           Clause 34.3(f) will not apply where the employer indemnifies the employee against any invalidation of the employee’s personal policy.

(iii)         If the employer notifies the employee that the employer declines to indemnify the employee and/or their dependants, the employee may decline the assignment.

(g)          Reimbursement for insurance against death or disability outside Australia

(i)            Where an employee is required to perform any duty outside of Australia the employer must reimburse the employee the cost of taking out insurance against injury or death arising from the performance of these duties. Clause 34.3(g) will not apply where the employer provides such insurance.

(ii)           Exposure

Where an event occurs that is not covered by the employee’s insurance policy in circumstances where the employer has required the insured employee to work outside Australia, the employer will reimburse the employee for the actual cost of any medical examinations, treatment for an injury or related costs as covered by the insurance policy. Clause 34.3(g) does not apply where the employer has taken out insurance for the employee the circumstances of which are no less favourable.

(iii)         Definitions

For the purpose of clause 34.3(g) the following definitions apply.

injury means bodily injury which:

·   is sustained by an employee during the period of employment;

·   is caused solely and directly by violent, accidental, external and visible means; and

·   is incurred solely and independently of any other cause, except sickness directly resulting from, or medical or surgical treatment rendered necessary by such injury, and which occasions the death or disablement of the employee within 12 calendar months from the date thereof.

disablement means disability which substantially handicaps an employee from obtaining or keeping employment or from undertaking work on their own account provided that any such employment or work is of a kind which apart from the injury would be suited to their experience and qualifications.

total disablement means disablement which entirely prevents an employee from attending to their usual duties.

partial disablement means disablement which prevents an employee from attending to a substantial part of their usual duties.

permanent means lasting 12 calendar months and at the expiry of that period being beyond hope of improvement.

medical treatment or related costs means expenses paid by an employee to a duly qualified and registered medical practitioner, physician, surgeon, nurse, hospital and/or ambulance service for medical, surgical, x-ray, hospital or nursing treatment including the cost of medical supplies and ambulance hire but excluding the cost of dental treatment unless such treatment is necessarily incurred to sound and natural teeth and is caused by injury.

(iv)         Provided that in the event of an employee becoming entitled to a refund of all or part of such expenses from any other source the employer will only be liable for the excess of the amount recoverable.

Part 8—Radio Broadcasting

35.                 Hours of work—Announcers and Broadcaster/Journalists

35.1               The ordinary hours of work of a full-time announcer, broadcaster or journalist employee are an average of 38 hours per week.

35.2               By agreement between the employer and the employee ordinary hours are to be worked in one of the following ways:

(a)          5 days of 7 hours and 36 minutes per day;

(b)         4 days of 8 hours and one day of 6 hours;

(c)          4 days of 7 hours and 30 minutes and one day of 8 hours; or

(d)         any combination of the above.

35.3               Hours on air

(a)          Except in an emergency or on a public holiday the maximum number of consecutive ordinary hours on air in all daylight shifts, Monday to Friday, must not exceed 4.

(b)         Provided that on-air hours may be increased to a maximum of 5 consecutive hours by agreement between the parties.

(c)          Except in an emergency the maximum number of consecutive ordinary hours on air must not exceed 6 hours without a meal break.

35.4               Other duties counted as time worked

(a)          A minimum of 15 minutes, taken by the employee away from the microphone prior to going on air in order to study programs, scripts and copy will be counted as time worked. The employer may require that the period of 15 minutes be increased and any such increased period will be counted as time worked.

(b)         Time spent by an employee at a staff or partial staff meeting of the employer’s staff at the request or invitation of the employer must be paid for at ordinary rates of pay.

(c)          Time spent in servicing of a client advertiser by an employee at the direction of the employer must be paid for at ordinary rates of pay. Any travelling time incurred by an employee in carrying out such servicing must be paid for at ordinary rates of pay.

(d)         Should an employee be directed to travel away from the usual studios to broadcast, or record or perform any other duties, the time involved in travelling to and from such location will be counted as time worked. The maximum travelling time to be paid for will be 8 hours on any one day.

36.                 Hours of work—Technical staff

36.1               The hours of work of a full-time technical staff employee must not exceed 38 hours per week, to be worked wherever reasonably possible in shifts of 8 hours per day, or up to a maximum of 9 hours per day (inclusive of meal breaks).

36.2               The arrangement for working the 38 hours per week is to be agreed between the employer and the employee from the alternatives in clause 35.2.

36.3               The agreed hours of work arrangement must meet the following conditions.

(a)          A minimum of 7 hours 36 minutes and a maximum of 9 hours may be worked in any one day.

(b)         An employee must be given a minimum break of 10 hours between the finish of ordinary hours of work on the one day and starting ordinary hours of work on the next day.

37.                 Rosters—Announcers and Broadcaster/Journalists

37.1               A roster for announcer, broadcaster or journalist employees other than casuals showing normal starting and finishing times and the name of each employee must be prepared by the employer and must be displayed in a place that is visible and accessible to the employees concerned.

37.2               The roster must contain details of the days and hours of work of each employee during the 14 days shown on the roster and will be issued not later than 7 days prior to the commencement date of such roster.

37.3               The roster must provide that each employee has 4 days off in each fortnight, unless paid at overtime rates as provided for in clause 42Overtime—Announcers and Broadcaster/Journalists. The roster must provide that in each fortnight at least 2 of these days off are consecutive.

37.4               An employee must not be rostered or required to work so that the end of one day’s work and the beginning of the next day’s work occur on the same calendar day; except where an employee is working the midnight to dawn shift or is rostered to work one unbroken stretch to 1.00 am and who starts their work on the same day after a break of at least 10 hours.

37.5               The roster may not be altered with less than 7 days’ notice except in an emergency or with the agreement of the employer and employee. Alteration of rosters must be in accordance with clause 25Consultation about changes to rosters or hours of work.

38.                 Rosters—Technical staff

38.1               A roster for technical staff employees showing normal starting and finishing times and the name of each employee must be prepared by the employer and must be displayed in a conspicuous place accessible to the employees concerned 7 days before the roster comes into operation.

38.2               The roster will be alterable by mutual consent at any time. Alteration of rosters must be in accordance with clause 25Consultation about changes to rosters or hours of work.

38.3               The employer may amend the roster on 7 days’ notice. Where a roster is altered without the required 7 days’ notice the employee whose roster has been changed will be paid at overtime rates specified in clause 43Overtime—Technical staff until the 7 days’ notice has elapsed.

38.4               All rosters will allow at least 2 clear days off in each roster week. For the purposes of clause 38 day means midnight to midnight.

38.5               When the spread of rostered hours, inclusive of meal breaks, exceeds 9 hours on any day the employee so rostered must be paid at 150% of the minimum hourly rate of pay for the first 2 hours and 200% of the minimum hourly rate after that.

38.6               For the purposes of clause