CLUB INDUSTRY
(VARIETY ARTISTS) (STATE) AWARD 2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 944 of 2001)
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Before the Honourable Justice Marks
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18 July 2001
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REVIEWED AWARD
PART A
1. Award title
This award shall be referred to as the Club Industry
(Variety Artists) (State) Award 2001.
2. Arrangement
PART A
Clause Number / Subject Matter
1. Award Title
2. Arrangement
3. Definitions
4. Area, incidence and Duration
5. Enterprise Flexibility Provision
6. Dispute Resolution Procedure
7. Anti discrimination
8. Terms of Engagement
9. Auditions
10. Rates of Pay
11. Payment of Wages
12. Superannuation
13. Wardrobe and Make up
14. Publicity
15. Hours of Work
16. Meal Breaks and Allowances
17. Overtime
18. Sundays and Public holidays
19. Annual Leave
20.Workers’ Compensation
21. Travelling
22. Facilities
23. Access for MEAA Representatives
24. Time Books to be Kept
25. Posting of Awards and Notices
PART B
MONETARY RATES
Table 1 - Wages
Table2 - Other Rates
and Allowances
Schedule A - Standard
Contract of Service for Casual Performances of Entertainment in a Registered or
Licensed Club
Schedule B -
Structural efficiency
Schedule C - Award
and Variations Incorporated
Schedule D - Changes
made on Review
3. Definitions
(a) "Artist"
means:
(i) a person who
is engaged to take part in a rehearsal or a performance or who is required to
speak, sing, dance, pose, mime, entertain, ice-skate, perform aquatically or
otherwise; or
(ii) a person who
is employed as an entertainer, other that a player of a recognised musical
instrument in an orchestra or band, in a registered club; or
(iii) a square
dance caller, compeer and/ or Master of Ceremonies, a disc jockey, Bingo caller
and assistant bingo caller.
(b) "Assistant
Bingo Caller" means a person engaged to assist a Bingo caller in the
presentation of the game Bingo, Alphy and Housie, or games of a like nature.
(c) "Ballet"
or "Chorus" means those artists who are engaged to appear in a
dancing and/ or singing ensemble and who sing and/ or dance as members of such
an ensemble.
Where only three or less singers are employed as members of
a singing group, they shall be classified as performers.
Where four or more dancers are employed as members of a
dancing group or ensemble, they shall be classified as ballet.
Where only three or less dancers are employed in an
ensemble, they shall be classified as performers.
(d) "Bingo
Caller" means a person engaged to present, host or compere that game of
bingo, Alphy and Housie, or games of a like nature.
(e) "Call"
means a call or direction by the employer to the artist to attend for work at a
particular time or for the purpose of photography, wardrobe or other legitimate
reason.
(f) "Character
Costume" means a costume provided by the employer which covers most of the
body and denotes a character.
(g) "Dance
Captain" - see "Deputy Ballet Director"
(h) "Deputy
Ballet Director" or "Dance Captain" is a member of the ballet
ensemble who acts as Assistant to the Ballet Director or who, under instruction
of the Director, Producer, Stage Manager or employer, supervises the number of
acts performed by the ballet ensemble during a performance or rehearsal.
(i) "Disc
Jockey" means an artist who is engaged to play recorded music and is
required to announce the music played.
(j) "Engaged
Casually" means an artist who is engaged as such.
(k) "Engagement"
means the period during which the artist is engaged to rehearse, play and/ or
perform.
(l) "Juvenile"
means a person under 16 years of age.
(m) "MEAA"
means the Media, Entertainment and Arts Alliance New South Wales.
(n) "Negotiated
Rate of Pay" or "Negotiated Rate" means the rate of pay per
performance, or per hour in the case of rehearsal, paid to an artist and is
exclusive of any overtime or additional payments such as public holiday
allowances, touring allowances and like payments.
(o) "Performance"
means a performance given by artists in person before an audience.
(p) "Performer"
means an artist engaged to perform as a specialty artist, variety artist,
comedian, skater, dancer, singer, actor, or who acts as a compare or Master of
Ceremonies during the course of a performance or as a duo singer or dancer.
Where only three or less singers are employed as members of
a singing group, they shall be classified as performers.
Where only three or less dancers are employed in an
ensemble, they shall be classified as performers.
(q) "Playing"
means taking part in an actual performance.
(r) "Semi
nude" means when an artist is required to appear nude, except for the
wearing of g-strings, pastiches, etc, or is required to appear clothed in such
a manner as to expose areas of the body, which have sexual connotations.
(s) "Variety"
or "Vaudeville" (performance production) means a production which
contains a number of variety or vaudeville acts which may or may not be
connected by a single or central theme or plot. It may or may not contain a
ballet or chorus.
(t) "Venue
Consultant" means a person who acts on behalf of an entertainment industry
employer for a fee or remuneration paid by any such employer, and who arranges
for a performance solely for an artist of a venue consultant or an employer.
(u) "Wages"
means the total remuneration due and payable to the artist for the engagement.
4. Area, Incidence and Duration
(a) This award
shall apply to all artists of the classifications mentioned in clause 10, Rates
of Pay, engaged on a casual basis for work in registered and licensed clubs in
the state of New South Wales, excluding:
(i) The County of
Yancowinna;
(ii) Artists
engaged on a weekly basis in accordance with the provision of the Actors
(Theatrical) (State) Award 1997 published 24 September 1999 (310 I.G 1021), as
varied, and also excluding:
(iii) Bingo and
Assistant Bingo callers engaged in a club with 25 or less operating poker
machines in locations beyond the following radii;
a. 75 kilometres
of GPO Sydney, or Newcastle or Wollongong;
b. 40 kilometres
of the main post office of Tweed Heads.
(b) This award is
made following a review under Section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Club
Industry (Variety Artists) (State) 1997 Award published 26 June 1998 (305 I.G.
564) and all variations thereof.
(c) The award
published 26 June 1998 (305 I.G 564) took effect from the beginning of the
first pay period commencing on or after 8 October 1997 and the variations
thereof incorporated herein on the dates set out in the attached Schedule C.
(d) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and
Principle 26 of the Principles of Review of Awards made by the Industrial
Relations Commission of New South Wales on 18 December 1998 (305 I.G 307) are
set out in the attached Schedule D and take effect on 18 July 2001.
(e) The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
5. Enterprise Flexibility Provisions
(a) In this
clause, a "relevant union" means an organisation of artists that:
(i) Is party to
this award; and
(ii) has one or
more members employed by the employer to perform work at the relevant
enterprise or the theatrical production.
(b) The employer,
performer artists and the MEAA agree to establish consultative mechanisms and
procedures at the enterprise or the theatrical production.
(c) The particular
consultative mechanisms and procedures shall be appropriate to the size,
structure and needs of the enterprise or the theatrical production.
(d) The purpose of
the consultative mechanisms and procedures is to facilitate the efficient
operation of the enterprise or the theatrical production.
(e) Where an
agreement is reached at the enterprise or the theatrical production, through
the consultative mechanisms and procedures, and where having effect to such
agreement requires the award to be varied, an application to vary shall be made
to the Industrial Relations Commission of New South Wales. A copy of the
agreement shall be given to all artists, the employer, The MEAA and the
Registered Clubs Association of New South Wales.
(f) When this
award is varied to give effect to an agreement made pursuant to this clause,
the variation shall become a schedule to this award and the variation shall
take precedence over any provision of this award, to the extent of any
expressly identified inconsistency within this award. Such an award variation
shall have effect for the period of the theatrical production or as agreed at
the enterprise.
(g) The agreement
must meet the requirements of Chapter 2, Part 2 of the Industrial Relations Act 1996, to enable the Commission to vary the
award to give effect to it.
6. Dispute Resolution Procedure
(a) Where an
individual or group by this award has a grievance with the employer, the
following steps will be followed in an attempt to alleviate the grievance:
(i) The
employee(s) may be represented by his or her union.
(ii) The
employee(s) will notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and an outline of the remedy sought.
(iii) The grievance
will, initially, be dealt with as close to its source as possible, ie, with the
Entertainment Manager or equivalent.
(iv) If resolution
at this level is unsuccessful, there will be graduated steps for further
discussions and resolution at higher levels of authority, i.e. Secretary
Manager.
(v) Reasonable
time limits are to be allowed for discussion at each level of authority.
(vi) Following
discussions, the employer must provide a response to the employee’s grievance,
if the matter has not been resolved, including reasons for not implementing any
proposed remedy.
(vii) Normal work will
continue whilst the grievance procedure is being followed.
(viii) When
discussion with all levels of authority have failed to resolve the grievance,
either party may, at this stage, seek the assistance of the Industrial
Relations Commission of New South Wales to resolve the grievance.
(b) Disputes
Avoidance Procedure -
(i) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees.
(ii) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(iii) Reasonable
time limits are to be allowed for discussion at each level of authority.
(iv) Whilst the
disputes avoidance procedure is being followed, normal work must continue.
(v) If the dispute
in question is not resolved it shall be referred to the Commission for
determination.
7. Anti Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity and age.
(2) It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti Discrimination Act 1977, it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti discrimination legislation.
(b) Section 56(d)
of the Anti Discrimination Act 1977
provides:
"Nothing in this Act affects...any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
8. Terms of Engagement
(a) The engagement
of an artist shall be expressed in writing and be in the form as set out in
Schedule A - Standard Contract for Casual Performances of Entertainment in a
Registered or Licensed Club.
(b) The ordinary
rules of law relating to contracts shall apply and shall be binding on both
employer and artist.
(c) Nothing in
this award shall affect any legal right of an employer to terminate without
notice any artist’s contract for neglect of duty or misconduct. In the case of
such dismissal, wages shall be payable for the employment up to but not after
the time of dismissal. In the event of any such artist being away from his/ her
place of engagement at the time of the dismissal, the employer shall pay the
fare of the artist back to the artist’s place of engagement and the employer
shall ensure that the artist is returned to the place of engagement as
expeditiously as possible, provided that nothing contained in this subclause
shall be taken as limiting the artist’s rights at law in respect of such
dismissal.
(d) No artist
shall be required to appear nude without his/ her prior written consent. If an
artist is required to appear nude or semi nude, such requirements shall be
specified in the said Schedule A and specified at the time of engagement.
(e) Engagement
under the terms of this award is for live performance only. Recording of a live
production by any means whatsoever is expressly prohibited unless agreement is
reached between the employer, the artist and MEAA.
(f) As much
notice as is reasonably practicable shall be given of cancellation of an
engagement. If an engagement which has been made is cancelled by the employer
at a time which is less than 14 days prior to the date of the performance for
which the artist was engaged, the artist shall receive payment in full.
Cancellation of all engagements shall be made by facsimile, telegram or telex
to the address of the artist as stated in Schedule A. Where the cancellation is made by telegram or telex, notice shall
be deemed to be given on the date the telegram or telex is sent by the
employer.
9. Auditions
(a) The engagement
shall not be deemed to have commenced until after an audition, if such is
desired by the employer, and an artist shall not be entitled to any payment
until he/ she is definitely engaged except as is prescribed in subclause (c) of
this clause.
(b) Auditions
shall not be paid for unless the number requested exceeds three in any period
of 28 days, the artist shall be paid at the performance rate prescribed by this
award.
(c) For each
audition in excess of three any period of 28 days, the artist shall be paid at
the performance rate prescribed by this award.
(d) Auditions
shall not be held in public.
10. Rates of Pay
(a) The minimum
rates of pay to be paid by an employer to an artist for work, inclusive of work
in or incidental to either performance or rehearsals, or both, shall be as set
out in Table 1 - Wages, of Part B, Monetary Rates.
(b) Juveniles - The
minimum rates of pay for juvenile artists shall be 50 per cent of the
applicable rates as set out in the said Table 1.
(c) Rehearsals -
An artist who is required to rehearse by the employer shall be paid at the
hourly rate as set out in Table 1, with a minimum payment of two hours and
thereafter per half hour or part thereof
(d) Non-performance
Duties - Where an artist is required to undertake extra non- performance
duties, he/she shall be paid the amounts as set out in Table 1 in addition to
his/her negotiated rate of pay.
Duties which attract this loading shall be duties which are
ancillary to performance and which the artist is required to carry out by the
club’s responsible officer or agent and shall include, but not be limited to,
those performed by a Deputy Ballet Director or Dance Captain.
(e) Nudity
Allowance - Any artist who agrees to appear nude or semi nude shall be paid the
amounts as set out in Table 1 per performance, in addition to his/her
negotiated rate of pay.
(f) Character
Costume Allowance - Any artist who wears a character costume as part of the
performance shall be paid the amounts set out in Table1 per performance in
addition to his/her negotiated rate pf pay.
(g) The rates of
pay in this award include the adjustments payable under the State Wage Case of
2000. These adjustments may be offset against:
any equivalent overaward payments, and/ or;
award wage increases since 29 May 1991 other than safety
net, State Wage Case, and minimum rates adjustments.
(h) It is a term
of this award (arising from the decision of the Commission Court Session in the
State Wage Case of 2000) that the union undertakes, for the duration of the
principles determined by that decision, not to pursue any extra claims, award
or overaward, except when consistent with those principles.
11. Payment of Wages
(a) By agreement,
wages shall be paid by the employer in one of the following ways:
(i) In cash
within 15 minutes of the conclusion of the performance on any one night; or
(ii) By cheque
within 15 minutes of the conclusion of the performance on any one night, to be
presented for immediate payment at the place of performance; or
(iii) By cheque
made out to the artist to be provided to the artist within 15 minutes of the
performance; or
(iv) By cheque made
out to the artist to be posted to the artist’s address or agent’s address (as
determined by the parties in Schedule A) within 24 hours of the conclusion of
the performance; or
(v) By electronics
funds transfer (EFT) to a bank account nominated by the employee;
(vi) By cheque,
made out to the agent’s trust account, to be posted to the agent’s address
within 24 hours of the conclusion of the performance.
(b) Where
agreement is not reached on the method of payment, the decision to pay by a
method as set out in paragraphs (i) to (iv) of subclause (a) of this clause
will be at the discretion of the employer, provided that payment under
paragraph (vi) of the said subclause (a) may only be by agreement between the
employer and the artist.
(c) In the case of
payment made under paragraphs (i) to (iv) of subclause (a), where payment is
not made within 15 minutes of the conclusion of an appearance, the overtime
rate as set out in clause 18, shall be paid until payment is made, providing
that the artist does not leave the premises.
(d) The Secretary
Manager or responsible officer of the club shall be responsible for ensuring
that payment is made.
(e) The artist
shall receive his/her fee in full and the payment of fees to venue consultants
shall be a separate arrangement between the club and the venue consultant.
(f) Where
applicable, payment shall be delivered to the artist in his/her dressing room.
12. Superannuation.
(a) In addition to
other payments provided for under this award, the employer shall, subject to
this clause, make a superannuation contribution to the Joint Union
Superannuation Trust (JUST Super).
(b) Such payments
shall be equivalent to that prescribed in Federal Government superannuation
legislation or three per cent of the artist’s actual rate of pay, whichever is
the greater, provided that this requirement shall not apply to:
(i) Artists
performing within Australia who are normally resident outside Australia;
(ii) Juvenile
performers, except where the junior performer is engaged on a contract of 12
weeks or longer, or has been employed in the entertainment industry for a
minimum of six professional engagements or a minimum of 30 days.
The subject of superannuation is dealt with extensively by
legislation, including the Superannuation
Guarantee (Administration) Act 1992, the Superannuation Guarantee Change Act 1922, the Superannuation Industry (Supervisor) Act 1993, and the Superannuation (Resolution of Complaints)
Act 1993. This legislation, as varied from time to time, governs the
superannuation rights and obligations of the parties.
(c)
(i) The employer
shall establish at the time of the engagement whether that artist is a member
of JUST Super.
(ii) In the event
that the artist is not a member of JUST Super and the artist has made arrangements
for his/her own complying fund, the employer shall request the artist to sign
the following disclaimer:
"I have been supplied with an application form to join
JUST Super but I do not wish to become a member of the fund as I have my own
fund and I direct the employer to enter contributions into that fund".
(iii) In the event
that the artist is not a member of JUST Super and does not have a personal
fund, the employer shall request that the artist complete a JUST Super
application form.
(iv) Where a
contribution is made as prescribed in this clause, the employer shall forward
to the fund administrator of JUST Super the contribution, the name and address
of the artist on whose behalf the contribution is made and the superannuation
fund number of the artist or, in the event that the artist is not a member of
JUST Super, the completed application form.
(v) Where an
artist signs the disclaimer, the employer shall send by fax or certified mail
to the fund administrator, and to the Association a copy of the completed form,
together with the address for the artist concerned.
(d) Definitions -
(i) For the
purpose of this clause, "ordinary salary" refers to the salary as
negotiated for the engagement, excluding any allowances such as overtime,
travel, meals, or wardrobe allowances and the like or annual leave loading.
(ii) For the
purpose of this clause, JUST Super shall mean the fund established by the Joint
Union Superannuation Trust Deed, which complies with the Australian
Government’s operational standards for occupational superannuation funds.
13. Wardrobe and Make -up
(a) Artists
engaged to perform at or under the artistic direction of the employer or
his/her agent, e.g artistic director or producer, shall be provided with, or be
reimbursed for the purchase of, additional make-up, costuming, props and
footwear as required by the employer for the performance.
(b) In accordance
with industry practice, acts engaged to perform "as known" shall
provide their own make-up, costuming, props and footwear.
14. Publicity
(a) An artist
shall provide a photograph or poster to the employer at least 14 days prior to
the day of appearance, except in the case where an artist is booked with less
than fourteen day’s notice.
(b) The employer
shall display such photograph in a prominent position.
(c) Where written
publicity material is provided, the employer shall not alter its text without
first obtaining the permission of the artist.
(d) All featured
artists shall receive at least 25 per cent billing in all club displays and
internal advertising for entertainment purposes.
(e) Where an
employer requires additional publicity other than that provided for in
subclause (a) of this clause, and requests an artist to attend a publicity call
for the purpose of photographic or other publicity, such publicity shall be
carried out only at the club where the artist is engaged to appear for the
employer.
The time of such attendance during the period of employment
shall be treated as time worked, with a minimum payment for two hours’ worked.
15. Hours of Work
(a) Subject to
subclause (b) of this clause, each performance shall be a maximum of three
hours, inclusive of half an hour prior to appearance time for band read
through, dressing, make-up and the like, and 15 minutes at the conclusion of
the appearance for changing and removal of make-up.
(b) In the case of
Bingo callers and assistant Bingo callers, 15 minutes shall be allowed prior to
appearance for preparatory duties and, if it is necessary for the caller and/or
assistant caller to "set down" after the game, 15 minutes shall be
allowed and counted as time worked, at the conclusion of the appearance.
(c) Rehearsals -
(i) On a day in
which no performance is given:
(1) Rehearsals if
required, shall be held between the hours of 10.00am and 8.00pm, with an unpaid
interval of one hour for lunch clear of dressing, undressing, making-up or
other work. The interval shall be given between the hours of noon and 3.00pm.
(2) Where it is
necessary that a rehearsal call exceeds eight hours, overtime shall be paid at
the rate of time and a half for the first two hours and double time thereafter.
(3) If a rehearsal
session is scheduled to exceed two hours, there shall be a rest break of ten
minutes given during the session. Such break shall be treated as time worked.
(ii) On a day in
which a performance is given -
(1) On a day in
which a performance is to be given, the rehearsal may not exceed four hours in
length.
(2) Where it is
necessary that a rehearsal call exceeds four hours, overtime shall be paid at
the rate of time and one half for the first two hours and double time
thereafter.
(3) If a rehearsal
session is scheduled to exceed two hours, there shall be a rest break of ten
minutes given during the session. Such break shall be treated as time worked.
(4) There shall be
a break of two hours between the conclusion of rehearsal and the commencement
of performance. Such break shall be in the employee’s time.
(d) Where the
breaks mentioned in this clause are curtailed, overtime at the rate of time and
a half shall be paid for each 15 minutes or part thereof by which each break is
curtailed.
(e) The minimum
time to be credited to an artist for each rehearsal or any extra session, such
as wardrobe and photo calls, shall be two hours, provided that where extra
calls are held either immediately before or after a rehearsal or performance
call, they shall only be counted as time worked.
(f) A break of 11
clear hours between the completion of one day’s work and the commencement of
another shall be given to an artist.
16. Meal Breaks and Allowances
(a) No artist
shall be required to work continuously in excess of four hours, or by agreement
with a majority of the cast involved, five hours, without a substantial break
for a meal, recuperation and/or refreshment.
(b) A break as
prescribed in subclause (a) of this clause shall be of a minimum duration of
one hour if taken before 4.00pm, or one and one-half hours if taken after that
time.
(c) Such breaks
shall be unpaid.
(d) During
rehearsals a reasonable refreshment break shall be provided to artists and
shall be counted as time worked.
(e) There shall be
a break of not less than 45 minutes clear of dressing, undressing, making-up or
taking off make-up between the conclusion of one performance and the
commencement of another performance on the same day.
(f) If there is a
break of less than two hours between the conclusion of one performance and the
beginning of the next performance, the employer shall provide the artist with a
satisfactory meal. Alternatively, the employer may pay to the artist the amount
as set out in Item1 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, in lieu of the said meal. The employer shall also provide tea
and coffee or the ingredients and facilities to make and serve same.
17. Overtime
(a) If a
performance is longer than three hours or if an artist is detained by the
employer during an engagement for a performance for more than three hours
(including making -up and/or taking -off time) the artist shall be paid at the
rate of time and a half for the first two hours and double time thereafter,
with a minimum payment for each half hour or part thereof in excess of the said
three hours that the artist is detained by the employer.
(b) For the
purpose of this subclause, overtime is to be calculated by dividing the
negotiated performance fee by three to get a notional hourly rate and then
multiplying that figure by 1.5 (for the time and a half) or 2 (for double
time), as the case may be.
(c) An artist
required to work beyond 11.15pm, or who is detained for work for any other
reason beyond 11.15pm by the employer shall be paid one twelfth of the
appropriate fee for such artist for each half hour or part thereof beyond
11.15pm, that the artist is required to work or is detained, in addition to any
other payments for overtime, etc, and the ordinary fee applicable to such
artist.
(d) Where any of
the intervals or breaks due to an artist as set out in this award are curtailed
or extended beyond the hours specified, overtime at the rate of time and a half
shall be paid for each 15 minutes or part thereof of such curtailment or
extension.
(e) If an artist
is detained too late to travel by the last train, tram, bus or vessel to
his/her home (temporary or permanent, as the case may be), the employer shall
provide for him/her proper conveyance to his/her home.
18. Sundays and Public Holidays
(a) Performance -
An artist shall be paid at not less than double the relevant performance rate
as set out in clause 10, Rates of Pay, for each performance worked on Sundays
and/or gazetted public holidays.
(b) Rehearsal - An
artist shall be paid at not less than double the prescribed hourly rehearsal
rate, with a minimum payment for four hours worked, for any rehearsal carried
out on Sundays or gazetted public holidays.
(c) If an artist
is required by the employer to travel on a Sunday or a public holiday, the
artist shall, unless paid in pursuance of subclauses (a) and (b) of this clause
for working on the said Sunday or public holiday, be paid as a minimum the
prescribed award performance rate for every three hours or part thereof spent
in such travel.
19. Annual Leave
The provisions of the Annual
Holidays Act 1944 shall apply to all artists.
20. Workers Compensation
During the entire period of an artist’s employment by the
employer the artist shall be insured by the employer under the provisions of
the workplace Injury Management and Workers’ Compensation Act 1998.
21. Travelling
(a)
(i) Artists
resident in Sydney engaged for a performance at a club more than 100 kilometres
distant form the Sydney G.P.O shall be provided, as a minimum, with an economy
class return air fare.
(ii) Where no
flight is available, transport shall be by air- conditioned coach or first
class rail.
(b) Where an
artist requires and the employers agrees, that he/she makes his/her way to a
working venue and journeys by car, he/she shall be paid by the employer an
allowance equal to the money that would have been paid by the employer on
his/her travelling by the form of transport required by subclause (a) of this
clause.
(c) An artist
shall, when travelling at night by rail, be provided with sleeping
accommodation. Should sleeping accommodation not be available, the artist shall
be paid in cash the difference between the standard provided and first class
sleeping accommodation.
(d) Where an
artist is required to make his/her own way to a venue in excess of 50
kilometres but less than 100 kilometres from the G.P.O in the artist’s city or
town of residence, he/she shall be paid an allowance for petrol and motor
vehicle wear as set out in Item of Table 2 - Other Rates and Allowances, of
Part B, monetary Rates, per kilometre.
(e) Should the
total reasonable and necessary time of an artist’s absence from his/her home
town, including the time occupied in the outward and return journey to and from
the venue of employment exceed 24 hours, such artists shall be paid, in
addition to the applicable rate, one half of the casual rates provided by
Clause 10, Rates of Pay, for each period of 12 hours or part thereof of such
excess, in addition to the provision of lodging and meals.
(f) Travelling
Allowance - When an artist is required to stay overnight away from his/her
normal place of residence, he/she shall be provided with satisfactory
accommodation and meals of a standard satisfactory to the artist. For the
purpose of this clause, satisfactory accommodation shall be deemed as suitable
single room accommodation of modern motel standard.
Provided that:
(i) In default of
providing accommodation the employer shall pay to the artist the amount as set
out in item 3 of the said Table 2 per night for each night he/she is obliged to
remain overnight in any place other than his/her usual abode and, in default of
providing satisfactory meals, the employer shall pay an amount as set out in
Item 1 of Table 2 for each meal.
(ii) When an
artist is not required to stay overnight from his/her normal place of residence
but is required to travel outside his/her town or city of residence to or from
the place of engagement during normal meal times, he/she shall be paid the
amount as set out in Item 1 for each meal.
22. Facilities
(a) The following
facilities shall be provided for the use of the performers:
(i) Hanging space
for each performer’s costumes consisting of a rod and hangers;
(ii) A bench,
illuminated mirror and chair;
(iii) Washing
facilities with hot and cold water;
(iv) Tea and coffee
making facilities or provision thereof;
(v) A dressing
room area, divided into male and female sections, for the exclusive use of
performers (on entertainment evenings); that is, dressing rooms shall be free
from all stores, spare seating, indoor sporting equipment, etc, at the time
performers are in attendance;
(iv) Lockable
lockers for each performer and access to the dressing room as a whole shall be
barred except to the performers or the duty manager;
(v) Access to
backstage areas from other than the auditorium;
(vi) Parking for
each performer nearest to the means of access to stage facilities.
(b) For the
purposes of this clause, "performer" is defined as all artists in the
classifications appearing in clause 10,
Rates of Pay, with the exception of Bingo callers and assistant Bingo callers,
provided that, so far as is practicable, Bingo callers shall be provided with
access to a dressing room or other staff area for preparatory duties, security
for personal belongings, tea and coffee facilities, parking facilities, and
other facilities as set out in subclause (a) of this clause as necessary and
practicable.
23. Access for MEAA Representatives.
The employer shall allow any authorised industrial officer
to enter, during working hours, any premises where any employee who is a member
of the MEAA or eligible to be a member of the MEAA, are engaged for the
purposes of holding discussions with the employees at the premises, in any
break or non working time.
24. Time Books to be Kept.
(a) Subject to
Division 2, Part 3, of the Industrial Relations (General) Regulation 1996, the
employer shall keep a time book in the following form:
Name of
Club..............................................................................
Name of
Performer........................................................................
Classification.................................................................................
Date Worked..............................Arrival
time.................................
Call
From..................................To.............................................
|
Total Payment
|
PAYG
|
Net
|
Payment
|
Signature
|
|
|
Tax (if any)
|
Payment
|
Time
|
|
|
All components to be
|
|
|
|
|
|
Shown (as applicable)
|
|
|
|
|
|
Fee - $
|
|
|
|
|
|
Rehearsal - $
|
|
|
|
|
|
Annual Holidays - $
|
|
|
|
|
|
Overtime - $
|
|
|
|
|
|
Other - $
|
|
|
|
|
|
Total - $
|
$
|
$
|
$
|
|
See clause 18, Overtime, for relevant overtime provisions.
(b) Columns shall
be completed and the record signed by the artist upon payment being made and
countersigned by the club’s representative.
(c) Time and
payment records shall be in duplicate and a copy handed to the employee at the
time of payment.
(d) The employer
shall, after receiving 48 hours’ notice, allow any authorised industrial
officer to enter, during working hours, any premises where any employee who is
a member of the MEAA, or eligible to be a member of the MEAA, is engaged for
the purposes of investigating any suspected breach of this award or any
industrial relations legislation. For the purpose of investigating any such
suspected breach, the authorised industrial officer may:
(i) require the
employer to produce for the officer’s inspection during working hours any
employee’s records and other documents kept by the employer that are related to
the suspected breach; and
(ii) make copies
of the entries in any such records or other documents related to any suspected
breach.
25. Posting of Award and Notices.
(a) The employer
shall cause a copy of this award to be posted up in suitable conspicuous place
in the club, hall or other place where artists are performing or rehearsing.
(b) A representative
of the MEAA may post notices and a copy of this award on a board in a
reasonable manner in each club, hall or other place in which artists are
performing or rehearsing.
PART B
MONETARY RATES
Table 1 - Wages
|
Classification
|
Minimum rate as
from 28 November 2000 Per Performance $
|
|
Performer
|
109.60
|
|
Ballet or chorus
|
101.60
|
|
Bingo Caller -
Supplying equipment
Not
supplying equipment
|
132.60
109.60
|
|
Assistant Bingo Caller
|
78.60
|
|
Disc Jockey -
Supplying equipment
Not supplying equipment
|
154.55
109.60
|
|
Rehearsal rate per hour
|
24.50
|
|
Non - performance duties loading -
Loading per performance
|
32.20
|
|
Nude or semi nude Performance allowance - allowance per
performance
|
16.10
|
|
Character costume allowance -
Allowance per performance
|
16.10
|
Table 2 - Other Rates and Allowances
|
Item
|
Clause No.
|
Brief Description
|
Amount $
|
|
No.
|
|
|
|
|
1
|
16 (f)
|
|
|
|
|
21 (f) (i) (ii)
|
Meal Allowance
|
12.45
|
|
2
|
21 (d)
|
Travelling allowance for venue in excess
|
|
|
|
|
Of 50km but less than 100 km from G.P.O
|
0.60 per km
|
|
3
|
21 (f) (i)
|
Allowance in lieu of accommodation
|
82.00 per night
|
Schedule A - Standard Contract of Service for Casual
Performances of
Entertainment in a Registered or Licensed Club
This Agreement is made this
.......................................day of ..............20......
Between.................................................................(The
Employer)
(Name
of Employer)
of..........................................................................................
(Registered
Address)
and.....................................................................(The
Artist)
(Name
of Artist/ Act)
of
....................................................................................
(Address
of Artist/Acts)
MEAA/JUST Super
No...............................................................
Artist’s Agent (If
applicable)......................................................
Address.................................................................................
Venue Consultant (If
Applicable)................................................
The employer agrees to engage the Artist/Act under the terms
and conditions set out herein.
(1) Performance -
The employer hereby engages the artist/act to perform
at........................................................................................
(Place
of performance)
on the following day(s):
from................................................20...........to.......20......
Arrival time
is........................................................................
(Provided that this time shall not be longer than 30/60
minutes prior to commencement time - delete 30 or 60 as applicable.)
Performance commencement time
is...................................................
(2) Rehearsal is/
is not required at .........................................................
(Place
of rehearsal)
on the following day(s):
....................................20.....commencing at
....am/pm and finishing at........am/pm.
(3) Payment -
(i) Performance
fee $....................................................per performance
(This fee incorporates an amount for annual leave per clause
20 of the award. Overtime to be paid if applicable in accordance with clause 18
of the award.)
(ii) Rehearsal
payment: $.................................................per hour
(Plus 1/12 of payment for rehearsals as annual leave
entitlement.)
(iii) Travelling
allowance: $...........................................(If applicable)
(iv) Other
loadings/ allowances:
(Please
specify).................................................................................................................................$...............................................................
(4) Method of
Payment - Pursuant to clause 12, Payment of Wages, payment shall be by one of
the following methods (delete options not applicable):
(i) In cash
within 15 minutes of the conclusion of the performance on any one night; or
(ii) By cheque
within 15 minutes of the performance on any one night, to be presented for
immediate payment at the place of performance; or
(iii) By cheque
made out to the artist to be provided to the artist within fifteen minutes of
the conclusion of the performance; or
(iv) By cheque made
out to the artist to be provided to the artist’s address or agent’s address
within 24 hours of the conclusion of the performance; or
(v) By electronic
funds transfer (EFT) to a bank account nominated by the employee;
(vi) (subject to
the consent of the artist), by cheque, made out to the agent’s trust account,
to be posted to the agent’s address within 24 hours of the conclusion of the
performance.
(5) Cancellation -
If the engagement is cancelled by the employer at a time which is less than 14
days prior to the date of the performance, the artist shall receive payment in
full.
(6) Agent’s
Commission - The forwarding of commission to the artist’s agent shall be the
artist’s responsibility.
(7) Number of
Artists Engaged........................If the act consists of more than one person, the member of the act
signing this agreement as or on behalf of the act warrants that he/she is
authorised by the member(s) of the said act to sign this agreement on their
behalf.
(8) No Recording
of Live Performances - The employer agrees that there will be no broadcasting,
telecasting, recording, filming, taping or photographing of any performance or
portion thereof given by the artist, carried out be any means whatsoever by any
person whomsoever, unless by agreement with the artist/act, the MEAA and the
employer.
(9) Superannuation
- In accordance with clause 13, Superannuation, the employer shall pay a
superannuation contribution to JUST Super on behalf of he artist of six per
cent of the artist’s total fee for the engagement.
(10) Award - The
terms and conditions of this award shall apply and form part of this contract
as set out herein.
(11) Billing/
Publicity -
(a) The artist’s
name and spelling of the same in this contract shall be used for billing and
program purposes; and
(b) Where the
producer releases biographical material of the artist for the purpose of
publicizing and/or in any way promoting the production, the artist shall have
the right of approval over such material.
(12) Jurisdiction -
The contract is made and is subject to the laws of New South Wales, Australia.
(13) Special
Conditions - Any special conditions agreed upon by the artist and the employer
shall set out in Appendix 1 to this contract, provided that such special
conditions shall not be inconsistent with the terms of this award.
For the Employer For
the Artist
.................................... ...........................
Signature Signature
................................. ...........................
Name (Please Print) Name
(Please Print)
....................................... ..................................
Position Position
....................................... ...........................
Witness Witness
........................................... ...........................
Date Date
N.B. Unless the agent can produce evidence of power of
attorney, this contract must be signed by the artist.
Schedule B - Structural Efficiency
Agreement between the Media, Entertainment and Arts Alliance
New South Wales and The Registered Clubs Association of New South Wales
pursuant to the principles outlined in the State Wage Case of October 1989.
(a) The parties affirm
their commitment to the structural efficiency principle as contained in the
State Wage Case decision of October 1989.
(b) The parties
agree, moreover, that the classification structure should be reviewed and that
wage rates in the award need to be rationalized.
(c) As part of the
ongoing process of modernizing this award in accordance with the provisions of
the October 1989 State Wage Case decision, The Registered Clubs Association of
New South Wales and the Media, Entertainment and Arts Alliance New South Wales
have agreed to establish a working party to undertake a detailed review of the
award.
(d) The parties
acknowledge that the award is a recent award and does not contain a range of
outdated and inefficient provisions. The nature of the industry, however, has
meant that ensuring compliance with the award has been difficult.
A review process of agent practices in New South Wales to
which the respondents were party has produced legislative provisions which,
when implemented, will have a profound impact upon the way clubs employ and pay
performers. This working party can play a major part in the implementation
process.
Accordingly, the working party will examine a wide range of
issues relating to the employment of performers by the respondents, including:
Investigating more flexible approaches to the employment of
performers;
Development of means to ensure compliance with the award;
The further development and monitoring usage of the standard
contract.
(e) The working
party will also consider:
Review of classifications structure and appropriate rates of
pay;
Possible efficiency measures to address inefficient
work/management practices that may be identified;
Measures relating to training and skills enhancement and to
improved career paths for performers;
Health and safety measures.
(f) The
establishment of the working party is predicated on the understanding that:
The discussion process is not to be approached in a
negative, cost cutting manner;
No employee will lose income as a result of any change;
Any agreement on change will be subject to ratification by
the Industrial Relations Commission of New South Wales; and
The parties will assist in the implementation of any change
and attempt to ensure change takes place in an orderly manner.
(g) As the first
step to implementing the decision of the State Wage Case of October 1989, the
parties have agreed to:
A first stage adjustment to rates of pay consistent with the
State Wage Case principles;
An initial revision of the classification structure in the
award by deletion of the classification of square dance team member and aquatic
performer;
Variation of the award to recognize recent legislative
changes.
Schedule C - Awards and Variations Incorporated
Award and Variations Incorporated
|
Clause
|
Award/ Variation
Serial No.
|
Date of Publication
|
Date of taking
effect
|
Industrial Gazette
|
|
|
|
|
|
Vol.
|
Page
|
|
Award
|
B6174
|
26.6.98
|
First pay period on or after 8.10.97
|
305
|
564
|
|
12 (h); table 1 of Part B
|
B6627
|
9.4.99
|
First pay period on or after 7.8.98
|
308
|
914
|
|
8A
|
B7871
|
3.3.00
|
First pay period on or after 3.6.99
|
313
|
1061
|
|
12 (h) table 1 of Part B
|
B8563
|
17.3.00
|
First pay period on or after 24.9.99
|
314
|
197
|
Schedule D - Changes made on Review
Changes made on
Review
Date of effect: 18
July 2001
(1) Provisions
Modified
|
Award
|
Clause
|
Previous Form of Clause last published at :
|
|
|
|
I.G Vol
|
Page
|
|
Club Industry (Variety Artists) (State) Award 1997
|
4
|
305
|
564
|
|
|
5
|
305
|
567
|
|
|
6
|
305
|
568
|
|
|
21
|
305
|
564
|
(2) Provisions
Removed
|
Award
|
Clause
|
Previous Form of Clause last published at
|
|
|
|
I.G Vol
|
Page
|
|
Club Industry (Variety Artists) (State) Award 1997
|
11
|
305
|
571
|
(3) Rescinded
Obsolete Awards Related to this Review
|
Award
|
Last Published at:
|
|
|
IG Vol
|
Page
|
|
The Club Industry (Variety Artists) (State) Award 1997
|
305
|
564
|
F. MARKS, J
____________________
Printed by the authority of the Industrial Registrar.