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Broadcasting, Recorded Entertainment and Cinemas Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777325 and PR778064).
Clause(s) affected by the most recent variation(s):
6A—Employee right to disconnect
11—Casual employees
26—Dispute resolution
Table of Contents
[Varied by PR746868, PR747412, PR750436, PR774814, PR778064]s
35. Hours of work—Announcers and Broadcaster/Journalists........................................ 70
39. Meal breaks—Announcers and Broadcaster/Journalists........................................... 73
47. Annualised wage arrangements—Journalist Grade 5 and above.............................. 82
Schedule J —Agreement for Time Off Instead of Payment for Overtime............................ 234
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.
[Varied by PR733838, PR774814, PR777325]
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; varied by PR777325 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
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.
[Definition of employee organisation inserted by PR774814 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
[Definition of enterprise inserted by PR774814 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
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.
[Definition of small business employer inserted by PR774814 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum weekly rate for a Grade 5 entertainment employee in clause 13.3.
[Definition of workplace delegate inserted by PR774814 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The NES and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
[Varied by PR729350, PR740777, PR762200, PR773980]
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, PR773980 ppc 01Jul24]
(b) in the case of metropolitan television station, the employee is paid an annual salary not less than $114,895; or
[4.4(c) varied by PR729350, PR740777, PR762200, PR773980 ppc 01Jul24]
(c) in the case of non-metropolitan television station, the employee is paid an annual salary not less than $93,207.
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
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by 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.
6A. Employee right to disconnect
[6A inserted by PR778064 from 26Aug24]
6A.1 Clause 6A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
6A.2 Clause 6A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
6A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
6A.4 Clause 6A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is being paid the stand-by allowance under clause 46.2(c); and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the stand-by.
6A.5 Clause 6A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of:
(a) an emergency roster change under clause 29.6(b)(i), 37.5 or 49.2; or
(b) a recall to work under clause 31.6, 46.2(d), 55.4 or 80.7.
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
8.1 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).
9.2 A full-time employee must be provided with a written statement setting out their classification, applicable pay scale and terms of engagement.
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.
[Varied by PR723872, PR733838, PR750436, PR777325]
[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 renumbered as 11.5 by PR723872 ppc 20Nov20]
11.6 Changes to casual employment status
[11.5 renumbered as 11.6 by PR723872; renamed and substituted by PR733838, PR777325 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 26—Dispute resolution.
12.1 A journalist can be employed on a cadetship in accordance with clause 12.
12.2 The period of cadetship is as follows:
(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:
(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.
(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.
13. Classifications and minimum rates
[Varied by PR730228, PR729350, PR733838, PR740777, PR749974, PR762200, PR773980]
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.
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 varied by PR729350, PR740777; PR749974; PR749974 ppc 30Jan23, PR762200, PR773980 ppc 01Jul24]
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 |
891.50 |
23.46 |
|
Grade 2 |
915.90 |
24.10 |
|
Grade 3 |
949.20 |
24.98 |
|
Grade 4 |
980.40 |
25.80 |
|
Grade 5 |
1032.30 |
27.17 |
|
Grade 6 |
1064.70 |
28.02 |
|
Grade 7 |
1097.10 |
28.87 |
|
Grade 8 |
1126.30 |
29.64 |
|
Grade 9 |
1158.00 |
30.47 |
|
Grade 10 |
1183.50 |
31.14 |
|
Grade 11 |
1207.80 |
31.78 |
|
Grade 12 |
1240.10 |
32.63 |
|
Grade 13 |
1272.40 |
33.48 |
|
Grade 14 |
1288.80 |
33.92 |
|
Grade 15 |
1337.60 |
35.20 |
|
Grade 16 |
1396.20 |
36.74 |
|
Grade 17 |
1428.60 |
37.59 |
|
Grade 18 |
1493.60 |
39.31 |
[13.4 varied by PR730228, PR729350, PR740777, PR762200, PR773980 ppc 01Jul24]
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 |
915.90 |
73.27 |
989.17 |
26.03 |
|
Cinema Worker Level 2 |
949.20 |
75.94 |
1025.14 |
26.98 |
|
Cinema Worker Level 3 |
980.40 |
78.43 |
1058.83 |
27.86 |
|
Cinema Worker Level 4 |
1032.30 |
82.58 |
1114.88 |
29.34 |
|
Cinema Worker Level 5 |
1097.10 |
87.77 |
1184.87 |
31.18 |
|
Cinema Worker Level 6 |
1126.30 |
90.10 |
1216.40 |
32.01 |
|
Cinema Worker Level 7 |
1158.00 |
92.64 |
1250.64 |
32.91 |
|
Zone Manager |
1158.00 |
92.64 |
1250.64 |
32.91 |
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
|
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, PR773980 ppc 01Jul24]
|
Grade |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Band 1 |
|
|
|
Journalist Grade 1 |
1126.30 |
29.64 |
|
Journalist Grade 2 |
1207.80 |
31.78 |
|
Journalist Grade 3 |
1337.60 |
35.20 |
|
Journalist Grade 4 |
1396.20 |
36.74 |
|
Band 2 |
|
|
|
Journalist Grade 5 |
1461.30 |
38.46 |
|
Journalist Grade 6 |
1558.30 |
41.01 |
|
Journalist Grade 7 |
1655.70 |
43.57 |
|
Band 3 |
|
|
|
Journalist Grade 8 |
1704.50 |
44.86 |
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 |
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, PR773980 ppc 01Jul24]
|
Classifications |
Hourly rate |
|
|
$ |
|
Extra (advertising productions) |
41.45 |
|
Extra (feature film) |
37.18 |
|
Extra/Stand-In Double (other content) |
33.85 |
|
Bit Player (content other than feature films and advertising productions) |
36.04 |
|
Performer not required to speak more than 2 lines of dialogue (feature film) |
49.69 |
|
Performer (advertising productions) |
50.27 |
(b) Daily rates
[13.8(b) varied by PR729350 ppc 01Jul21; renamed by PR733838 from 27Sep21; varied by PR740777, PR762200, PR773980 ppc 01Jul24]
|
Classifications |
Daily rate |
|
|
$ |
|
Extra/Stand-In/Double |
247.76 |
|
Performer Class 1 (content other than feature film and advertising productions) |
270.38 |
|
Performer Class 1 (feature film) |
315.43 |
|
Performer Class 2 (content other than feature film and advertising productions) |
284.08 |
|
Performer Class 2 (feature film) |
331.41 |
(c) Weekly rates
[13.8(c) varied by PR729350 ppc 01Jul21; renamed by PR733838 from 27Sep21; varied by PR740777, PR762200, PR773980 ppc 01Jul24]
|
Classifications |
Weekly rate (full-time employee) |
|
|
$ |
|
Stand-In/Double |
1032.30 |
|
Bit Player |
1097.10 |
|
Performer Class 1 |
1126.30 |
|
Performer Class 2 |
1183.50 |
(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, PR773980 ppc 01Jul24]
|
|
No. of episodes
in which work |
|||
|
Classifications |
1 or 2 |
3 |
4 |
5 |
|
|
$ |
$ |
$ |
$ |
|
Double |
1032.30 |
1483.90 |
1935.60 |
2387.20 |
|
Bit Player |
1097.10 |
1577.10 |
2057.10 |
2537.00 |
|
Performer Class 1 |
1126.30 |
1619.10 |
2111.80 |
2604.60 |
|
Performer Class 2 |
1183.50 |
1701.30 |
2219.10 |
2736.80 |
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, PR773980 ppc 01Jul24]
(c) Minimum rates of pay for screen tests for television will be $85.16 or $70.71 if visual only.
[13.9(d) varied by PR729350, PR740777, PR762200, PR773980 ppc 01Jul24]
(d) Minimum rates of pay for any other audition and/or screen test will be $38.81 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.
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, PR773980 ppc 01Jul24]
For a minimum call of 3 hours’ duration the minimum payment is:
|
|
$ |
|
|
Per engagement |
|
for a musician working in television broadcasting—performance |
142.22 |
|
for a musician working in television broadcasting—rehearsal |
107.59 |
|
for a musician working in records for sale to the public |
153.17 |
|
for a musician working in feature films, documentaries, telemovies or television mini-series |
208.56 |
13.12 Musicians (session singer rates)
[13.12 varied by PR729350, PR740777, PR762200, PR773980 ppc 01Jul24]
For a minimum call of 3 hours’ duration the minimum payment is $253.09.
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.
(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, PR773980 ppc 01Jul24]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Broadcasting and Recorded Entertainment Award 2020 and not the Miscellaneous Award 2020.
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.
14.2 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
(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.
[Varied by PR729350, PR729534, PR740777, PR740940, PR762200, PR762367, PR773980, PR774149]
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.
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, PR773980 ppc 01Jul24]
(i) $20.65 per week for full-time employees; or
[15.2(a)(ii) varied by PR729350, PR740777, PR762200, PR773980 ppc 01Jul24]
(ii) $0.54 per hour for part-time and casual employees (up to a maximum of $20.65 per week).
[15.2(b)(i) varied by PR729350, PR740777, PR762200, PR773980 ppc 01Jul24]
· Level 1—$1648.17 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—$3299.64 per annum
Level 2 represents a level of ability for the ordinary purpose of general business, conversation, reading, writing and production.
15.3 Expense-related allowances
[15.3(a)(i) varied by PR729534, PR740940, PR762367, PR774149 ppc 01Jul24]
[15.3(a)(ii) varied by PR729534, PR740940, PR762367, PR774149 ppc 01Jul24]
(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.
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.
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.
[Varied by PR771366]
16.1 Superannuation legislation
[16.1 substituted by PR771366 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 16 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
(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.
(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
[16.4 varied by PR771366 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clauses 16.2(a) and 16.2(b) to another superannuation fund, the employer must make the superannuation contributions provided for in clauses 16.2(a) and 16.2(b) and pay any amount authorised under clauses 16.3(a) or 16.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) 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.
17.3 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;
(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.
(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
[Varied by PR747412, PR751098]
18.1 Annual leave is provided for in the NES.
|
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.
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.
(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.
(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.
(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.
(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.
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.
[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—Workplace Delegates, Consultation and Dispute Resolution
[Part 5—Consultation and Dispute Resolution renamed by PR774814 from 01Jul24]
23A. Workplace delegates’ rights
[23A inserted by PR774814 from 01Jul24]
23A.1 Clause 23A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 23A.
23A.2 In clause 23A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
23A.3 Before exercising entitlements under clause 23A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
23A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
23A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
23A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 23A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
23A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 23A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
23A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
23A.9 Exercise of entitlements under clause 23A
(a) A workplace delegate’s entitlements under clause 23A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 23A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 23A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 23A.
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.
25.3 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
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.
[Varied by PR763296, PR777325, PR778064]
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.
26.3 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 and Note 2 inserted by PR763296; deleted by PR778064 from 26Aug24]
[Note inserted by PR778064 from 26Aug24; varied by PR777325 from 27Aug24]
NOTE: In addition to clause 26, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 6—Termination of Employment and Redundancy
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.
|
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.
(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.
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.
29.3 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.
(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.
(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:
(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.
30.2 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;
(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).
[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.
[31.6 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
(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.
(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%.
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.
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.
[Varied by PR729350, PR729534, PR740777, PR740940, PR762200, PR762367, PR773980, PR774149]
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.
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, PR773980 ppc 01Jul24]
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 $18.58 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, PR773980 ppc 01Jul24]
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 $36.03 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.
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.
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.
(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 29—Ordinary hours of work and rostering;
· clause 30.2—Meal break penalty;
· </