ENTERTAINMENT AND BROADCASTING INDUSTRY - LIVE THEATRE AND CONCERT (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Media, Entertainment and Arts Alliance New South Wales, industrial organisation of employees.

 

(No. IRC 1792 of 2005 )

 

 

AWARD

 

Part 1 Application and Operation of Award

 

1  Award Title

 

This award will be referred to as Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award.

 

2  Arrangement

 

This award is arranged as follows:

 

PART 1 - APPLICATION AND OPERATION OF AWARD

 

Clause No.          Subject Matter

 

1.         Award Title

2.         Arrangement

3.         Definitions

4.         Application of Award

5.         Who is bound by this Award?

6.         Relationship with other Awards

 

PART 2 - AWARD FLEXIBILITY

 

7.         Enterprise Flexibility Provisions

8.         Index of Facilitative Provisions

 

PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION

 

9.         Consultation and Communication Procedures

10.       Dispute Resolution

 

PART 4 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

 

11.       Employment Categories

11.1      Full Time Employees

11.2      Part Time Employees

11.3      Casual Employees

11.4      Seasonal Employees

12.       Traineeships

13.       Stand Down of Employees

14.       Termination of Employment

14.1      Notice of Termination by Employer

14.2      Notice of Termination by an Employee

14.3      Time Off During Notice Period

15.       Redundancy

16.       Anti-Discrimination

 

PART 5 - WAGES AND RELATED MATTERS

 

17.       Classifications and Wage Rates

18.       Payment of Wages

19.       Higher Duties

20.       Allowances

20.1      Tools/Equipment

20.2      Laundry

20.3      Shoes

20.4      Uniforms/Special Costumes/Protective Clothing

20.5      Transmission or Recording

21.       Superannuation

 

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK

 

22.       Hours of Work and Time Off

22.1      Weekly Employees

22.2      Casual Employees

22.3      Savings

23.       Meal Intervals and Allowances

24.       Overtime

24.1      Weekly Employees

24.2      Casual Employees

24.3      All Employees

24.4      Reasonable Overtime

25.       Sundays

 

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

 

26.       Annual Leave

26.1      Annual Leave Entitlement

26.2      Time of Taking Annual Leave

26.3      Annual Leave Loading

26.4      Public Holidays During Annual Leave

26.5      Proportionate Annual Leave on Termination

26.6      Conversion of Accrued Leave

27.       Sick Leave

28.       Bereavement Leave

29.       Personal/Carer’s Leave

30.       Parental Leave

31.       Jury Leave

32.       Public Holidays

33.       Leave for Consultation Meetings

 

PART 8 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK

 

34.       Travelling

34.8      Accommodation

34.9      Meals

34.10    Incidentals

 

PART 9 - MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

3.  Definitions

 

3.1        "Authorised officer of the MEAA" means - the Secretary, a Branch Secretary and any association representative nominated in writing by the Secretary.

 

3.2        "Commission" means - the Industrial Relations Commission of New South Wales.

 

3.3        "Double time" means - in the case of a weekly employee twice the ordinary hourly rate which is obtained by dividing the applicable rate per week by 38 hours, and in the case of an employee engaged by the hour twice the hourly casual rate.

 

3.4        "Full pay" in clause 25 - Annual leave means - the average rate the employee received for the four weeks preceding the taking of annual leave or the average rate received for the twelve months preceding such leave, whichever will be the higher. Provided that such average will be computed by taking into consideration any extra rates prescribed for night work, etc., and penalty rates for Sunday work where such work is part of the employee's normal working week of five days but excluding any amounts received by way of overtime or holiday penalty rates.

 

3.5        "MEAA" and/or "Union" means - the Media, Entertainment and Arts Alliance.

 

3.6        "Short performance" means - a performance which has a duration of 60 minutes or less.

 

3.7        "Time and a half" means - in the case of a weekly employee one and a half times the ordinary hourly rate which is obtained by dividing the applicable rate per week by 38 hours, and in the case of an employee engaged by the hour one and a half times the hourly casual rate.

 

3.8        Theatrical employee - level 1

 

(Relativity to classification C10 of the Metal Industry Award - 78%)

 

3.8.1     A Theatrical employee level 1 is a trainee employee who is undertaking:

 

(a)        6 weeks induction training in the case of a full-time or part-time employee; or

 

(b)       228 hours induction training in the case of a casual employee.

 

3.8.2     The induction training may include information on the enterprise or production, conditions of employment, introduction of supervisors and fellow workers, training and career path opportunities, venue/workshop/plant layout, work and documentation procedures, basic theatre terminology and etiquette, occupational health and safety, equal employment opportunity and quality control/assurance.

 

3.8.3     An employee at this level performs routine duties to the level of the employees training:

 

(a)        works under direct supervision either individually or in a team environment;

 

(b)       understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

 

(c)        understands and utilises basic literacy (English) and numeracy skills.

 

3.8.4     An employee at this level will undertake training in the following indicative tasks:

 

(a)        safely lift and handle scenery and props and/or equipment;

 

(b)       uses selected hand tools;

 

(c)        basic packing and storing techniques;

 

(d)       repetition work on automatic, semiautomatic or single purpose machines or equipment;

 

(e)        maintains simple records;

 

(f)        uses hand trolleys and pallet trucks;

 

(g)       apply and comprehend basic theatre terminology and etiquette;

 

(h)       performs general labouring and cleaning duties;

 

(i)         communicate and interact effectively with staff;

 

(j)         effective customer/client service.

 

3.9        Theatrical employee - level 2

 

(Relativity to classification C10 of the Metal Industry Award - 90%)

 

3.9.1     A Theatrical employee level 2 is an employee who has completed the Level 1 induction training or possesses other equivalent experience so as to enable them to perform work within the scope of this level.

 

3.9.2     An employee at this level performs work above and beyond the skills of a Level 1 employee and to the level of the employee’s training:

 

(a)        is responsible for the quality of the work allocated to the employee subject to routine supervision;

 

(b)       works under routine supervision either individually or in a team environment on a limited range of tasks;

 

(c)        exercises discretion within the employees' level of skills and training;

 

(d)       makes decisions in regard to routine matters.

 

3.9.3     Indicative of the tasks which an employee at this level may perform, are the following:

 

(a)        operates flexibly between work areas;

 

(b)       operates machinery and equipment within the employees' level of skill and training;

 

(c)        operates mobile equipment including fork-lifts, overhead cranes, tallescopes and winch operation;

 

(d)       ability to measure accurately;

 

(e)        safely lift and handle scenery and props and/or equipment;

 

(f)        receive, dispatch, distribute, sort, check, pack, document and record goods, materials and components;

 

(g)       basic keyboard skills;

 

(h)       telephonist, receptionist, cashier and information services duties;

 

(i)         laundry and/or dry-cleaning duties;

 

(j)         intermediate sewing skills and fabric knowledge, whether machine or non-machine, and knowledge of dying fabrics;

 

(k)        cleaning duties using specialised equipment and chemicals;

 

(l)         ushering, ticket taking, program/concession selling and food and beverage sales;

 

(m)       applies theatre terminology and etiquette;

 

(n)       painting and art finishing;

 

(o)       dressing;

 

(p)       costume decoration.

 

3.10      Theatrical employee - level 3

 

(Relativity to classification C10 of the Metal Industry Award - 95%)

 

3.10.1               A Theatrical employee level 3 is an employee who applies knowledge and skills so as to enable that employee to perform work within the scope of this level and may possess a sub-trade certificate.

 

3.10.2               An employee at this level performs work above and beyond the skills of an employee at level 2 and to the level of the employees' training:

 

(a)        solves straightforward problems using readily available information;

 

(b)       works to complex instructions and procedures;

 

(c)        as a team member organises allocated materials and equipment in an efficient and effective manner or works individually under general supervision;

 

(d)       is responsible for the work undertaken;

 

(e)        assists in the provision of on-the-job training to a limited degree.

 

3.10.3               Indicative of the tasks which an employee at this level may perform, are as follows:

 

(a)        uses precision measuring instruments;

 

(b)       machine setting, loading and operation;

 

(c)        rigging (certificated);

 

(d)       pyrotechnics (certificated and licensed);

 

(e)        welding which requires the exercise of knowledge and skills above level 2;

 

(f)        inventory and store control including:

 

(i)         licensed operation of all appropriate materials/handling equipment;

 

(ii)        use of tools and equipment within the scope (basic non-trades) maintenance;

 

(iii)       computer operation at a higher level than that of an employee at level 2;

 

(g)       intermediate keyboard skills;

 

(h)       performs basic quality checks on the work of others;

 

(i)         licensed and certificated for fork-lift, engine driving and crane driving operations to a higher level than level 2;

 

(j)         Stage door duties;

 

(k)        sewing and cutting skills and fabric knowledge, whether machine or non-machine at a level higher than level 2;

 

(l)         advanced lifting and scene/props handling skills;

 

(m)       scenery, building and prop construction techniques above level 2.

 

3.11      Theatrical employee - level 4

 

(Relativity to classification C10 of the Metal Industry Award - 105%)

 

3.11.1               A Theatrical employee level 4 is an employee who holds a trade certificate in a relevant discipline and is able to exercise the skill and knowledge of that trade or an employee who has acquired the equivalent experience from on-the-job training in relevant theatrical discipline (/s).

 

3.11.2               An employee at this level works above and beyond an employee at level 3 and to the level of the employee’s training:

 

(a)        understands and applies quality control techniques;

 

(b)       exercises good interpersonal and communications skills;

 

(c)        exercises keyboard skills at a higher level than level 3;

 

(d)       exercises discretion within the scope of this grade;

 

(e)        performs work under limited supervision either individually or in a team environment;

 

(f)        able to inspect products and/or materials for conformity with established operational standards;

 

(g)       operates all lifting equipment incidental to the employees' work.

 

3.11.3               Indicative of the tasks which an employee at this level may perform, are as follows:

 

(a)        works from production drawings, prints or plans;

 

(b)       operates, maintains, sets-up and adjusts all facility and production equipment, including trade construction processes such as set/prop/electrical making;

 

(c)        operate and maintain lifting equipment;

 

(d)       assists in the provision of on-the-job training;

 

(e)        a fully multi skilled cutter/tailor/milliner/wigmaker who is required to perform any of the operations involved in the making of a complex whole garment to specifications;

 

(f)        has an advanced understanding of theatre terminology, etiquette and theatre craft;

 

(g)       perform a range of engineering maintenance functions;

 

3.12      Theatrical employee - level 5

 

(Relativity to classification C10 of the Metal Industry Award - 110%)

 

3.12.1               A Theatrical employee level 5 is an employee who holds a trade certificate or equivalent experience and has acquired specialist knowledge of a variety of procedures and/or techniques gained by additional training or experience in the theatre industry.

 

3.12.2               A Theatrical employee level 5 is required to work above and beyond a tradesperson at level 4 and to the level of the employee’s training:

 

(a)        exercises discretion within the scope of this grade;

 

(b)       works under minimal supervision either as an individual or part of a team or as a team leader;

 

(c)        understands and implements quality control techniques;

 

(d)       provides trade guidance and assistance as part of a work team;

 

(e)        responsible for providing training in conjunction with trainers;

 

3.12.3               Indicative of the tasks which an employee at this level may perform, are as follows:

 

(a)        indicative tasks for level 4 employee;

 

(b)       interprets detailed instructions and procedures for others;

 

(c)        insures quality standards are met through consistency, timeliness, correctly following procedures, and responsiveness to the client’s needs;

 

(d)       readily adapts to change in work procedures and associated technologies;

 

(e)        may use innovation to resolve issues which impact on own work area.

 

3.13      Theatrical employee - level 6

 

(Relativity to classification C10 of the Metal Industry Award - 120%)

 

3.13.1               A Theatrical employee level 6 is an employee who holds a trade certificate or equivalent experience together with a relevant Post Trade Certificate or the equivalent skill and competence acquired through a significant period of professional experience in the theatre industry.

 

3.13.2               A Theatrical employee level 6 is required to work above and beyond a level 5 employee and to the level of the employee’s training:

 

(a)        understands and implements quality control techniques;

 

(b)       exercises discretion within the scope of this grade;

 

(c)        provides overall supervision and co-ordination of resources and individuals and/or work teams within areas of responsibility;

 

(d)       plans for and arranges training in procedural, technological change and systems for staff in the area of responsibility;

 

(e)        effectively handles work that is characterised by occasional peak periods and simultaneous handling of a variety of tasks, usually within one discipline, and with significant interruptions;

 

(f)        determines priorities and monitors performance for own and teams work, to ensure the efficient and effective use of allocated resources;

 

(g)       demonstrates accountability and responsibility for enabling the achievement of business goals within budgetary guidelines.

 

3.13.3               The following indicative tasks which an employee at this level may perform are subject to the employee having appropriate trade and post trade training or equivalent experience to enable that employee to perform the particular indicative tasks:

 

(a)        demonstrates sound communication and/or liaison skills;

 

(b)       demonstrates a good knowledge of relevant terminology;

 

(c)        interprets and conveys instructions and procedures;

 

(d)       reliably represents the work unit;

 

(e)        required to use innovation to resolve issues which impact on own work area;

 

(f)        accountable for insuring overall quality standards are met through the importance of consistency, timeliness, correctly following procedures, and responsiveness to the needs of the client;

 

(g)       accountable for the selection and recruitment of staff;

 

(h)       assesses work performance of staff;

 

(i)         responsible for occupational, health and safety.

 

3.14      Theatrical employee - level 7

 

(Relativity to classification C10 of the Metal Industry Award - 130%)

 

3.14.1               A Theatrical employee level 7 is an employee who has obtained a relevant tertiary qualification together with extensive theatrical experience or equivalent skill and competence acquired through extensive theatrical experience.

 

3.14.2               In addition to the competencies and tasks performed by a level 6 employee, a Theatrical employee level 7 works to the level of the employee’s training:

 

(a)        demonstrates effective and efficient use of production and/or organisational resources, by planning, implementing and monitoring achievement of objectives.

 

(b)       responsible for the creating and maintaining of a high level of team work and co-operation and contributes to the overall good management of a production.

 

(c)        co-ordinates and controls either the overall performance activities or a variety of related disciplines.

 

3.14.3               The following indicative tasks which an employee at this level may perform are subject to the employee having appropriate trade and post trade training or equivalent experience to enable the employee to perform the particular indicative tasks:

 

(a)        provides advice and guidance to staff, management and clients;

 

(b)       prepares correspondence, guidelines and reports;

 

(c)        demonstrates superior communication and/or liaison skills;

 

(d)       demonstrates superior knowledge of relevant terminology;

 

(e)        reliably represents the work unit;

 

(f)        responsible for creative planning and the achievement of design standards;

 

(g)       recognises the importance of consistency, timeliness, correctly following procedures, and responsiveness to the client’s needs;

 

(h)       demonstrates accountability and responsibility for enabling the achievement of business goals within budgetary guidelines.

 

3.15      "Suitable accommodation" means single room modern motel or serviced apartment accommodation with private facilities.

 

3.16      "Serviced apartment" means an apartment with cooking facilities for which clean linen is supplied once per week and the apartment cleaned at least once per week at the employer’s cost.

 

3.17      "Local show" means a show specified as such by the employer where the production is scheduled to take place in one location only.

 

3.18      "Live theatre and concert industry services" means work performed in or in connection with any form of live entertainment, sound recording (other than recording studios) or rehearsals and may include plays, musicals, variety, live concerts, dancing, retail centres, theatre restaurants, dance halls, circuses, carnivals, karaoke and ticketing agencies. It excludes the work of a performer.

 

3.19      "Weekly employee" and "Engaged by the week", respectively, shall, subject to the operation of clause 12.2.6, mean full-time and part-time employee or employment as the case may be.

 

4.  Application of Award

 

This award will apply throughout the state of New South Wales.

 

5.  Who is Bound By This Award?

 

5.1        This award shall apply to all persons employed within the classifications in this award, to provide live theatre and concert industry services (as defined), throughout the state.

 

5.2        The following are exempt from the provisions of this award:

 

5.2.1     Registered clubs, hotels and restaurants (excluding theatre restaurants) and all work covered by the Restaurant, & c., Employees (State) Interim Award published 3 October 1997 (301 I.G. 405), as varied. Employees who are classified and engaged under the following awards:

 

Canteen, & c., Workers (State) Award published 17 March 2000 (314 I.G 155), Caterers', & c., Employees (State) Award published 13 July 2001 (326 I.G. 78), as varied; Cleaning and Building Services Contractors (State) Award published 29 August 2003 (341 I.G. 173), as varied; Club Employees (State) Award published 26 November 2004 (347 I.G. 431), as varied; Club Managers' (State) Award 2004 published 5 November 2004 (347 I.G. 107), as varied; Hotel Employees (State) Award published 10 May 2002 (333 I.G. 317), as varied; Miscellaneous Workers' - General Services (State) Award published 8 December 2000 (320 I.G. 1078), as varied; Musicians (Live Performance) (State) Award published 7 December 2001 (330 I.G. 116), as varied; Retail Services Employees (State) Award published 30 June 1995 (286 I.G. 460), as varied; Security Industry (State) Award published 5 June 1992 (269 I.G. 1314), as varied; Shop Employees (State) Award published 18 May 2001 (324 I.G. 935), as varied; Theatre Managers (State) Award published 24 November 2000 (320 I.G. 543), as varied; Theatrical  Employees  Recreation and  Leisure Industry (State) Award  published 13 October 2000 (319 I.G. 406), as varied; Exhibition Industry (State) Award published 6 October 2001 (319 I.G. 1), as varied;

 

5.2.2     Wollongong Entertainment Centre.

 

5.2.3     All persons excluding performers directly employed by the relevant operators in operational, maintenance and administrative functions at the Homebush Bay Olympic games sporting and recreation complexes, ticketing agencies operating out of venues or industries covered by the AWU in the memorandum of understanding between the AWU, ALHMWU and the MEAA.

 

6.  Relationship With Other Awards

 

6.1        This award rescinds and replaces the Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award published on 18 January 2002 (330 I.G. 795) and all variations thereof.

 

6.2        This award shall take effect from the beginning of the first full pay period to commence on or after 6 May 2005 and shall remain in force for a period of twelve months.

 

PART 2

 

AWARD FLEXIBILITY

 

7.  Enterprise Flexibility Provisions

 

See Chapter 2 of Part 2 of the Industrial Relations Act 1996.

 

8.  Index of Facilitative Provisions

 

8.1        A facilitative provision is one which provides that the standard approach in an award provision may be departed from by agreement between an individual employer and the Union and/or employee, or the majority of employees, in the enterprise or workplace concerned.

 

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

 

Clause title	Clause number
Part time employees - hours of work	11.2
Payment of wages	18
Hours of work	22.1.6(a)
Meal intervals and allowances	23.3.1
Public Holidays	32.6.1

 

PART 3

 

COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION

 

9.  Consultation and Communication Procedures

 

9.1        At each enterprise covered by this award the employer and employees and, if appropriate an appropriate representative including the union bound by this award, may establish a mechanism and procedures which enables them to communicate and consult about matters arising out of this award.

 

9.2        The employer may permit a notice board to be erected in the workshop, theatre, hall or other place of amusement, to facilitate communication between employees and/or their union representatives.

 

9.3        This award will be exhibited by each employer in accordance with section 361 of the Industrial Relations Act 1996.

 

10.  Dispute Resolution

 

10.1      Subject to the rights of the parties to notify any dispute to the Industrial Relations Commission at any time, any dispute arising from work performed under this award will be dealt with as follows:

 

10.1.1               As soon as practicable after the dispute or claim has arisen, the employee/s concerned will take up the matter with their immediate supervisor affording them the opportunity to remedy the cause of the dispute;

 

10.1.2               Where any such attempt at settlement has failed to achieve a satisfactory resolution, or where the matter in dispute is of such a nature that direct discussions between the employee/s and their immediate supervisor are inappropriate, the employee/s may notify a duly authorised representative of MEAA or other employee representative who will take up the matter with the employer or their representative;

 

10.2      If the matter is not then satisfactorily resolved the matter will be submitted to the Commission for settlement.

 

PART 4

 

EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

 

11.  Employment Categories

 

11.1      Full-time employees

 

A full-time employee will be engaged by the week and subject to the provisions of clause 22 - Hours of work and time off will work 38 ordinary hours per week.

 

11.2      Part-time employees

 

11.2.1               A part-time employee will mean an employee engaged by the week and will work an agreed usual number of ordinary hours less than 38 each week.

 

11.2.2               A part-time employee working ordinary time will be paid per hour 1/38th of the weekly wage prescribed by this award for the level of work performed.

 

11.2.3               A part-time employee who by agreement works more than the agreed usual number of ordinary hours in any week will be paid at her or his ordinary rate of pay, subject always to the payment of any penalty or overtime payments as provided by this award.

 

11.2.4               A part-time employee who performs work in excess of the ordinary hours for a full time employee as prescribed in 22 - Hours of work and time off, will be paid at overtime rates in accordance with the provisions of 24 - Overtime.

 

11.2.5               The minimum time worked for each period of work will be not less than four consecutive hours for which a weekly employee is rostered.

 

11.2.6               In addition to other award entitlements a part-time employee will receive pro rata annual leave, sick leave and public holiday entitlements.

 

11.3      Casual employees

 

11.3.1               A casual employee is engaged by the hour for a minimum of 4 consecutive hours. The employment of a casual employee may be terminated without notice by either the employee or employer subject to the payment of the minimum amount of wages and subject to the employee working the time covered by the payment of such wages.

 

11.3.2               The appropriate per hour rate for casual employees is calculated by dividing the rate per week, as specified in 17 - Classifications and wage rates, for the relevant classification level by 38 and adding a 20 per cent loading on such hourly rates so calculated.

 

11.4      Seasonal employees

 

11.4.1               A seasonal employee will mean a weekly employee engaged either as full time or part time on a fixed term contract.

 

11.4.2               The duration of a seasonal contract will be determined in advance by agreement and the following provisions will apply:

 

(a)        The contract may be renewed as often and for such time periods as agreed between the employer and employee.

 

(b)       Conditions of employment will be those applying to weekly employees covered by this award.

 

(c)        Where a new contract is offered and taken up immediately after the expiry of a previous contract, employment is treated as if it was continuous for entitlement purposes.

 

(d)       Seasonal employees whose engagement is terminated with less than six (6) months service are paid on termination, 15.2 hours pay for each month of service. Annual leave of 76 hours is granted after six months employment. Thereafter, annual leave accrues at the rate of 152 hours per annum.

 

(e)        Sick leave will be granted and will accumulate in accordance with 27 - Sick Leave, for the whole of the contract period.

 

(f)        Other leave provisions including but not limited to Jury Leave will apply in accordance with the relevant award provisions for the duration of the contract period.

 

12.  Traineeships

 

As to traineeships for persons covered by this award, see the Training Wage (State) Award 2002 published 26 September 2003 (341 I.G. 569) or any successor thereto.

 

13.  Stand Down of Employees

 

13.1      Despite anything contained in the award, an employer may deduct payment of wages for any day on which an employee cannot be usefully employed because of:

 

13.1.1               any strike;

 

13.1.2               any breakdown of machinery; or

 

13.1.3               any stoppage of work for which the employer is not responsible.

 

14.  Termination of Employment

 

14.1      Notice of termination by employer

 

14.1.1               In order to terminate the employment of an employee the employer will give to the employee the following notice:

 

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

14.1.2               In addition to this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice.

 

14.1.3               Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee part of the required period of notice and by the employer making payment for the remainder of the period of notice.

 

14.1.4               In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time he/she would have worked during the period of notice had his or her employment not been terminated will be used.

 

14.1.5               The period of notice in this clause, will not apply in the case of dismissal for conduct that justifies instant dismissal, including inefficiency within the first fourteen days, neglect of duty or in the case of casual employees or employees engaged for a specific period of time or for a specific task or tasks.

 

14.2      Notice of termination by an employee

 

14.2.1               The notice of termination required to be given by an employee is the same as that required of an employer. However, there is no requirement on the employee to give additional notice based on the age of the employee concerned.

 

14.2.2               If an employee fails to give notice the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

 

14.3      Time off during notice period

 

Where an employer has given notice of termination to an employee, an employee will be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off will be taken at times that are convenient to the employer after consultation with the employee.

 

15.  Redundancy

 

(A)       Application -

 

(i)         This clause shall apply in respect of full-time and part- time persons employed under this award.

 

(ii)        This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

 

(iii)       Notwithstanding anything contained elsewhere in this award, this award shall not apply to employees with less than one year s continuous service, and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(iv)       Notwithstanding anything contained elsewhere in this award, this award shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, or neglect of duty or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(B)       Introduction of Change -

 

(i)         Employer s duty to notify -

 

(a)        Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(b)       "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that where this award makes provision for the alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(ii)        Employer s duty to discuss change -

 

(a)        The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(b)       The discussion shall commence as early as possible after a definite decision has been made by the employer to make the changes referred to in the said paragraph (i) of this subclause.

 

(c)        For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees; provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(C)       Redundancy - Discussions before terminations -

 

(a)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subparagraph (a) of paragraph (i) of subclause (B), Introduction of Change, of this clause, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(b)        The discussions shall take place as soon as practicable after the employer has made a definite decision which will invoke the provision of paragraph (a) of this subclause, and shall cover, inter alia, any reasons for the proposed termination, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(c)        For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out.  Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(D)       Termination of Employment -

 

(i)         Notice for changes in production, programme, organization or structure  - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure, in accordance with subparagraph (a) of paragraph (i) of subclause (B), Introduction of Change, of this clause.

 

(a)        In order to terminate the employment of an employee, the employer shall give to the employee the following notice:

 

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

(b)       In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years continuous service, shall be entitled to an additional week s notice.

 

(c)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part-payment in lieu thereof.

 

(ii)        Notice for technological change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from technology in accordance with subparagraph (a) of paragraph (i) of subclause (B), Introduction of Change, of this clause.

 

(a)        In order to terminate the employment of an employee, the employer shall give to the employee three months notice of termination.

 

(b)       Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment shall be terminated by part of the period of notice specified and part payment in lieu thereof.

 

The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(iii)       Time off during the notice period -

 

(a)        During the period of notice of termination given by the employer, an employee shall be allowed up to one day s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

 

(b)       If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(iv)       Employee leaving during the notice period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that in such circumstance the employee shall not be entitled to payment in lieu of notice.

 

(v)        Statement of employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee s employment and the classification of or type of work performed by the employee.

 

(vi)       Notice to Centrelink - Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(vii)      Centrelink Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.

 

(viii)     Transfer to lower-paid duties - Where an employee is transferred to lower-paid duties for reasons set out in paragraph (i) of the said subclause (B), the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee s employment had been terminated, and the employer may, at the employer s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary- time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

 

(E)        Severance Pay -

 

(i)         Where the employment of an employee is to be terminated pursuant to subclause (D), Termination of Employment, of this clause, subject to further order of the Industrial Relations Commission of New South Wales the employer shall pay the employee the following severance pay in respect of a continuous period of service:

 

(a)        If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of Service	Under 45 Years of Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

(b)       Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

Years of Service	45 Years of Age and Over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

(c)        "Week s pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances paid in accordance with clauses 14, Higher Duties, 12, Classifications and Wage Rates, 21, Annual Leave, 29, Travelling, 15, Allowances, and 19, Overtime.

 

(ii)        Incapacity to pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause.

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph (i) will have on the employer.

 

(iii)       Alternative employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (i) if the employer obtains acceptable alternative employment for an employee.

 

(F)        Savings Clause - Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the industrial organisation of employees and any employer bound by this award.

 

16.  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 the 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 the 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."

 

PART 5

 

WAGES AND RELATED MATTERS

 

17.  Classifications and Wage Rates

 

17.1      The minimum weekly rates of pay to be paid to an employee are set out in Table 1 - Rates of Pay, of Part 9 - Monetary Rates of this award for the relevant classification level.

 

17.2      Notwithstanding an employee may be engaged and paid for work performed at a particular level, such engagement does not prevent the employee undertaking duties prescribed for lower classification levels during such engagement.

 

17.3      The rates of pay in this award include the adjustments payable under the State Wage Cases of 2003 and 2004. These adjustments may be offset against:

 

(i)         any equivalent over-award payments; and/or

 

(ii)        award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

17.4      Over-award payment is defined as the amount (whether it be termed over-award payment or by any other term whatsoever) of any payment made to an employee and which was not made in order to comply with this award.

 

18.  Payment of Wages

 

All moneys due to an employee will be made available for payment within 48 hours of the conclusion of the employers pay week, or, in exceptional circumstances, at a time to be mutually agreed upon between the employee and the employer. Provided that if the employee does not present themself for the payment at that time, it may be deferred until the following day.

 

19.  Higher Duties

 

Where an employee is required to work on duties, the prescribed rate of pay for which is higher than for the employee's ordinary duty, the employee will be paid for the time so worked at the higher rate with a minimum payment at such rate as for three and a half hours.

 

20.  Allowances

 

20.1      Tools/Equipment

 

20.1.1               The employer will pay an allowance per week as set out in Item 1 of Table 2 - Other Rates and Allowances of Part 9 - Monetary Rates of this Award to Heads of departments required to supply their own tools. Other employees required to supply basic tools (limited to hammer, brace/punch driver and wrench), will be paid an allowance cents per day as set out in Item 2 of the said Table 2.

 

20.1.2               Employees will be reimbursed the cost of all mechanical property or light requirements including torches. Provided that such reimbursement will not be payable where the employer provides all mechanical property or light requirements including torches.

 

20.2      Laundry

 

The employer will pay a weekly employee an allowance per week as set out in Item 3 of the said Table 2 for blouses and shirts and an amount per week as set out in Item 4 of the said Table 2 for other garments where uniforms are not laundered by the employer. For other than weekly employees a laundry allowance per day as set out in Item 5 of the said Table 2 will be paid up to a maximum amount per week as set out in Item 6 of the said Table 2.

 

20.3      Shoes

 

The employer will pay a front of house employee an allowance per day as set out in Item 7 of the said Table 2 up to a maximum amount per week as set out in Item 8 of the said Table 2where the employee is required to wear shoes of a colour other than black.

 

20.4      Uniforms/Special costumes/Protective Clothing

 

20.4.1               The employer will pay an employee who is required to wear a costume or uniform more unusual than is reasonably necessary for the performance of his or her work, an allowance of

 

(a)        if engaged by the week - an amount per week as set out in Item 9 of the said Table 2

 

(b)       if engaged other than by the week - an amount per performance as set out in Item 10 of the said Table 2.

 

20.4.2               If any question arises as to whether such costume or uniform is so more unusual, it will be dealt with in accordance with clause 11, Dispute Resolution.

 

20.4.3               An employee will be reimbursed the cost of any special uniforms or staff dresses required to be worn. Provided that such reimbursement will not be payable where the employer provides the special uniforms or staff dresses.

 

20.4.4               An employee will be reimbursed the cost of dry cleaning and laundering suitable protective clothing for electricians, utility men, cleaners and maintenance men if requested by an employee. Provided that such reimbursement will not be payable where the employer provides and cleans the protective clothing.

 

20.5      Transmission or recording

 

20.5.1               Where a performance is to be recorded or transmitted by any means, including but not limited to radio or television transmission or film, video or audio recording, and whether transmitted live or recorded for later transmission, exhibition, distribution or sale, all production employees who perform work on that performance will receive an allowance (recording allowance) as set out in Item 11 of the said Table 2 in addition to the rate they would otherwise have received.  Provided that:

 

(a)        The recording allowance will only be paid when the recording transmission takes place during a performance or performances; and

 

(b)       One payment only will be made under the provisions of 20.5.1 notwithstanding that recording of a production may take place over a series of performances.

 

20.5.2               Where a performance is recorded for sound only or transmitted by radio only the provisions of 20.5.1 will apply to Sound Technicians only.

 

20.5.3               The provisions of 20.5.1 will not apply to:

 

(a)        Extracts of a performance or performances which are recorded or transmitted for news, publicity or promotional purposes, including paid television or radio commercials for that performance or season of performances;

 

(b)       A performance or performances which are recorded for training, educational or archival purposes, provided that the hirer undertakes in writing to the employer that such recordings will not be used for public broadcast, exhibition, distribution or sale; and

 

(c)        Occasions when the only purpose of the hiring is the recording or transmission of a performance, even though a non-paying audience may be present.

 

20.5.4               The recording allowance is not to be recorded as ordinary pay for the purpose of this award insofar as the calculation of overtime, penalty, shift and annual leave loading payments are concerned.

 

20.5.5               Where the employer proposes an exclusion from payment of the recording allowance as provided for in 20.5.3, the employer will provide all production employees with seven days notice of any such performance provided that where such recording or transmission is arranged with less than seven days notice, all production employees will be provided with notice as soon as arrangements for the relevant recording or transmission are made.

 

21.  Superannuation

 

21.1      In addition to other payments provided for under this award, the employer will, subject to this clause, make a superannuation contribution to the Superannuation Trust of Australia (STA), being a superannuation fund which complies with the Australian Government's operational standards for occupational superannuation funds (the Fund).

 

21.2      Such payments will be equivalent to that prescribed in Federal Government Superannuation Legislation or three per cent of the employees' actual rate of pay, which ever is the greater, provided that this requirement will not apply to persons employed within Australia who are normally resident outside Australia.

 

21.3      The employer will establish at the time of the engagement, whether the employee is a member of STA.

 

21.4      In the event the employee is not a member of STA and the employee has made arrangements for his/her own complying superannuation fund the employer will request the employee to sign the following disclaimer:

 

21.4.1               "I have been supplied with an application form to join STA 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."

 

21.5      In the event the employee is not a member of STA and does not have a personal fund, the employer will request that the employee complete a STA application form.

 

21.6      Where a contribution is made as prescribed in this clause, the employer will forward to the fund administrator of STA the contribution, the name and address of the employee on whose behalf the contribution is made and the Superannuation Fund number of the employee, or in the event the employee is not a member of STA the completed application form.

 

21.7      The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Change Act 1992, 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.

 

21.8      For the purposes of this clause the normal gross rate of pay refers to:

 

21.8.1               In the case of weekly employees, the usual gross weekly earnings of a weekly employee including all over award payments; Rostered Day Off payments; Sunday where such Sunday is part of the employee's ordinary working week; or the contracted weekly rate of pay including any penalties or loadings where such penalties and loadings are part of the employee's contracted weekly rate. Provided that such rates will exclude overtime and penalty payments other than as provided for above, reimbursement allowances, broadcast allowances and annual leave loading.

 

21.8.2               Contracted weekly rate includes payment in accordance with an agreement involving a specified number of hours of work in excess of the ordinary hours prescribed by the award whether for the whole or a portion of the engagement.

 

21.8.3               In the case of casual employees, the actual gross earnings of such employee but not including any reimbursement allowances or broadcast allowances.

 

21.9      Superannuation contributions remain payable pursuant to this clause notwithstanding that an employee is absent from work on approved sick leave, annual leave, long service leave or other paid leave. Contributions also remain payable in respect of an absence which is the consequence of a bona fide worker's compensation claim.

 

21.10    The superannuation contribution will:

 

21.10.1             In the case of weekly employees, be paid no later than seven days following the end of the last pay period in any month.

 

21.10.2             In the case of casual employees payments will be made no later than 30 days following the engagement.

 

PART 6

 

HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK

 

22.  Hours of Work and Time Off

 

22.1      Weekly employees.

 

22.1.1               The ordinary hours of work for weekly employees will, subject to 22.1.6, be 38 per week.

 

22.1.2               Ordinary hours may be worked on any of the days Monday through to and including Sunday between the hours of 7.00 a.m. and 12 midnight. Provided that a Theatrical Employee engaged specifically as a cleaner may be rostered to work ordinary hours between 12 midnight and 7.00 a.m. and will receive an additional loading of 20% of their ordinary hourly rate for such work.

 

22.1.3               The number of ordinary hours to be worked on any day will be a minimum of 4 hours and a maximum of 12 hours to be worked in no more than two periods, each period to be continuous except as to meal hours occurring therein.

 

22.1.4               Full time employees will be entitled to 2 rostered days off work for every period of seven days, which will be consecutive wherever reasonably possible, provided that such rostered days off may by agreement accumulate up to a maximum of 6 days.

 

22.1.5               Weekly employees must be notified by the employer of their working shifts by means of roster placed in the staff room for each employee's perusal. At least seven days' notice must be given to the employee should any alteration of the working hours be intended, except in the case of emergency.

 

22.1.6

 

(a)        The implementation of cyclic rostering, that is working hours other than as provided for in sub-clauses 22.1.1 - 22.1.5, will be determined at the enterprise where the employer and the majority of employees concerned agree. The ordinary hours of work will be an average of 38 per week and will not exceed 152 hours over 28 consecutive days.

 

(b)       Different arrangements may apply to different areas of operation within the enterprise.

 

(c)        An agreement pursuant to sub-clause 22.1.6(a) will be recorded in writing and be available to all employees.

 

22.2      Casual employees

 

22.2.1               The ordinary hours of work for casual employees will be a minimum of 4 consecutive hours per day. Ordinary hours may be worked on any of the days Monday through to and including Sunday between the hours of 7.00 a.m. and 12 midnight.

 

22.2.2               Casual employees are not paid per performance. Employees may be required to work on a number of performances during an engagement.

 

22.2.3               Where casual employees are required to work on the same day on at least 3 short performances (as defined), and there is a break between any two of the short performances of at least 2 hours, those employees will be paid a minimum call for each such performance of 2 hours.

 

22.3      Savings

 

Employees engaged as Booking Clerks or Ticket Sellers as at 3 March 1997, will continue to be engaged on the basis of 36 hours per week which will be applied for all purposes under this award.

 

23.  Meal Intervals and Allowances

 

23.1      Weekly employees, in the ordinary course of work, will be entitled to meal intervals as follows:

 

23.1.1               Lunch

 

One hour continuous between 12.00 noon and 3.00 p.m.

 

23.1.2               Dinner

 

One hour continuous between 5.00 p.m. and 8.00 p.m.

 

23.1.3               Supper

 

Half an hour between 10.00 p.m. and 12.00 midnight.

 

23.1.4               Breakfast

 

One hour continuous between 7.00 a.m. and 9.00 a.m. but for cleaners, half an hour between 8.00 a.m. and 9.00 a.m.

 

23.2      Casual employees who work for more than four hours will be entitled to a minimum meal break of 30 minutes.

 

23.3

 

23.3.1               The span of hours during which meal breaks may be taken may be varied where specific work requirements necessitate it.

 

23.3.2               In the event that an employee is required to work more than five continuous hours without a suitable meal interval, the employee will be paid for the period which should be allowed as the meal interval at the rate of double time.  This clause will not apply to employees engaged to work on a continuous shift roster.

 

23.3.3               Provided that those employees working during the preparation of a stage production for the period of seven days preceding the opening of the production will be paid at the rate of time and a half in lieu of the aforesaid double time except on Sundays when double time and a half will be paid.

 

23.4      No part of the time that should be allowed as a meal interval will be counted as part of the ordinary hours of work within the meaning of clause 22 - Hours of work and time off.

 

23.5      The employer will pay an employee (other than a cleaner) a meal allowance as set out in Item 12 of the said Table 2, additional, for each meal interval occurring before the employee’s finishing time, where the employee has worked between 12 midnight and 8.00 a.m. and who continues to work beyond 8.00 a.m. Provided that such meal allowance will not be payable where the employee commences work at or after 5.00 a.m.

 

23.6      The employer will pay an employee a meal allowance as set out in Item 13 of Table 2 - Other Rates and Allowances of Part 9 - Monetary Rates of this Award, where the employee is required to work two performances, back to back. Provided that such meal allowance will not be payable where the employer provides a suitable meal.

 

24.  Overtime

 

24.1      Weekly employees

 

24.1.1               Weekly employees will receive overtime calculated to the nearest quarter of an hour, as follows:

 

24.1.2               For all work performed in excess of the rostered daily hours - at the rate of time and on half for the first 2 hours and double time thereafter.

 

24.1.3               For all work performed on a rostered day off - at the rate of time and a half for the first 4 hours and double time thereafter.

 

24.1.4               For all the work performed in excess of the weekly total of hours - at the rate of time and a half.

 

24.1.5               For all work performed after a break in working hours prescribed to be worked consecutively or continuously - at the rate of time and a half.

 

24.1.6               Part time employees who perform work in excess of 38 ordinary hours per week - time and one half for the first 2 hours and double time thereafter.

 

24.2      Casual employees

 

24.2.1               A casual employee will receive overtime calculated to the nearest quarter of an hour.

 

24.2.2               A casual employee who works in excess of 8 hours per day will be paid overtime at the rate of time and a half for the first 2 hours and double time thereafter.

 

24.2.3               A casual employee who works more than 38 hours (excluding overtime worked and paid on a daily basis) in any one week will be paid for all hours in excess of 38, time and a half for the first four hours and double time thereafter.

 

24.3      All employees

 

24.3.1               Where an employee is detained at work until it is too late to travel home by the last train, tram or other regular public conveyance, the employer will provide proper conveyance to the employee's home for the employee so detained.

 

24.3.2               An employee will, wherever possible, be given 24 hours' notice that the employee is required to work all night after an evening performance.

 

24.3.3               For all work performed between 12 midnight and 7.00 a.m. - at the rate of double time other than work performed by employees engaged specifically as cleaners.

 

24.3.4               An employee who works overtime on any day will be entitled to a break of ten hours before resumption of work on the following day. Should such employee be required to resume work before the expiration of ten hours the employee will be paid at the rate of double time until the employee is released from duty for such period.

 

24.4      Reasonable overtime:

 

(i)         Subject to sub-clause (ii) an employer may require an employee to work reasonable overtime at overtime rates.

 

(ii)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(iii)       For the purposes of sub-clause (ii) what is reasonable or other wise will be determined having regard to:

 

(a)        any risk to employee health and safety.

 

(b)       The employee’s personal circumstances including any family and carer responsibilities.

 

(c)        The needs of the workplace or enterprise.

 

(d)       The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(e)        Any other relevant matter.

 

25.  Sundays

 

25.1      All employees who are required to commence work on a Sunday, whether part of an ordinary roster or work cycle, or not part of a roster cycle, or overtime, will be paid at the rate of double time, with a minimum payment for four hours.

 

25.2      Where an employee who commences work on a Saturday and continues to work without a break on Sunday, the minimum 4 hour call for work performed on a Sunday as prescribed in 25.1 will not apply.

 

PART 7

 

LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

 

26.  Annual Leave

 

26.1      Annual leave entitlement

 

All employees engaged by the week will have 152 hours annual leave for each year of service on full pay (as defined in 3 - Definitions) which leave will be taken within six months of the date of entitlement, unless otherwise mutually agreed. The said leave may be taken in two periods by mutual agreement.

 

26.2      Time of taking annual leave

 

If the 152 hours annual leave due under 26.1 will not have been given at the expiration of the year, the employee's right thereto will continue and accumulate in respect of each year's service but only to the extent of two years.

 

26.3      Annual leave loading

 

26.3.1               Each full time or part-time employee before going on any period of annual leave will be paid an annual leave loading at the rate of 17-1/2 per cent of the rate of full pay prescribed herein for such employee. Such loading will be in addition to the amount paid to the employee under 26.1.

 

26.3.2               No loading is payable to an employee who takes annual leave wholly or partly in advance. Provided that if the employment of such an employee continues until the day when the employee would have become entitled to annual leave, the loading then becomes payable in respect of the period of such leave and is to be calculated by applying the award rates of pay applicable on that day.

 

26.3.3

 

(a)        When the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of the termination the employee has not taken the whole of the annual leave to which the employee has become entitled under the terms of 26.1, the employee will be paid the loading for the period of leave not taken.

 

(b)       Except as provided by 26.3.3(a) no loading is payable on the termination of an employee's employment.

 

26.4      Public holidays during annual leave

 

Where any public holiday as prescribed in 32 - Public holidays occurs during the period of the employee's annual leave, the leave will be increased by 7.6 hours for each such holiday.

 

26.5      Proportionate annual leave on termination

 

If the employment of any weekly employee be terminated such employee will be entitled to 15.2 hours pay for each month of service that has been rendered during the employment unless in respect of such service annual leave has been given by the employer or the employee has lost the right thereto under the provisions of this clause. Such payment will be made within fourteen days of the termination of the employment.

 

26.6      Conversion of accrued leave

 

26.6.1               All accumulated or accrued leave up to and including 2 March 1997, will be credited on the basis of a 38 hour week and rates of pay applicable to such leave will be calculated on the basis of a 38 hour divisor. Consequently credits will be converted as follows:-

 

If in weeks	x	38 hours;
If in days	x	7.6 hours;
If in hours	x	No. of hours	x	7.6 / 8

 

26.6.2               Leave debits on or after 3 March 1997 will be equivalent to the ordinary hours employees would have worked had they not been on paid leave. Such leave will therefore be paid and debited on the basis of hours actually taken.

 

27.  Sick Leave

 

27.1      An employee who is absent from work on account of personal illness, or injury by accident not arising out of and in the course of the employee's employment and who has been in the service of the employer for a period of more than twelve weeks, will be entitled to leave of absence without deduction of pay subject to the following conditions and limitations:

 

27.2      During each year of service, 76 hours sick leave will be allowed.

 

27.3      The employee will not be entitled to paid sick leave for any period of absence in respect of which the employee is paid workers' compensation.

 

27.4      The employee will, within 24 hours of the commencement of such sick leave absence, inform the employer of the employee's inability to report for duty and so far as practicable state the nature of the injury or illness from which the employee is suffering and the estimated period of the employee's absence.

 

27.5      The employee will, if so required by the employee's employer, provide satisfactory evidence of the nature of the injury and of the employee's inability to attend for duty on any day or days for which sick leave is claimed.

 

27.6      Subject to the provisions of this clause an employee will be allowed 30.4 hours' sick leave (in the aggregate) per year without having to produce a medical certificate.

 

27.7      Sick leave will accumulate from year to year so that any balance of the period specified in that clause which has in any year not been taken by the employee as paid sick leave, may be claimed by such employee and will be allowed by the employer in a subsequent year without diminution of the sick leave prescribed in respect of that year. Sick leave that accumulated pursuant to this clause will be available to the employee only for a period of twelve years from the end of the year in which it accrued.

 

27.8      Conversion of accrued leave.

 

27.8.1               All accumulated or accrued leave up to and including 2 March 1997, will be credited on the basis of a 38 hour week and rates of pay applicable to such leave will be calculated on the basis of a 38 hour divisor. Consequently credits will be converted as follows:-

 

If in weeks	x	38 hours;
If in days	x	7.6 hours;
If in hours	x	No. of hours	x	7.6 / 8

 

27.8.2               Leave debits on or after 3 March 1997 will be equivalent to the ordinary hours employees would have worked had they not been on paid leave. Such leave will therefore be paid and debited on the basis of hours actually taken.

 

28.  Bereavement Leave

 

28.1      An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause 28.3 of this clause.

 

28.2      The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide, to the satisfaction of the employer, proof of death.

 

28.3      Bereavement leave shall be available to the employee in respect of the death of the person prescribed for the purposes of personal/carer s leave in accordance with paragraph (c) of subclause (1) of clause 29, Personal/Carer's Leave, provided that for the purposes of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

28.4      An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has already been granted other leave.

 

28.5      Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) and (5) of the said clause 29. Where such other available leave is to be taken in conjunction with bereavement leave, consideration will be given to the circumstances of the employee and the reasonable operational requirements of the employer.

 

29.  Personal/Carer's Leave

 

(1)        Use of Sick Leave -

 

(a)        An  employee, other  than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) of this subclause who needs the employee s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 22, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:

 

(1)        "relative" means - a person related by blood, marriage or affinity;

 

(2)        "affinity" means - a relationship that one spouse, because of marriage, has to blood relatives of the other; and

 

(3)        "household" means - a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Family Purpose -

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) of this clause who is ill.

 

(3)        Annual Leave -

 

(a)        An employee may elect, with the consent of the employer and subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences until at least five consecutive annual leave days are taken.

 

(4)        Time Off in Lieu of Payment for Overtime -

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is, an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5)        Make-up Time -

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work make-up time  (under which the employee takes time off ordinary hours and works those hours at a later time) at the shift work rate which would have been applicable to the hours taken off.

 

30.  Parental Leave

 

See Part 4 of Chapter 2 of the Industrial Relations Act 1996.

 

31.  Jury Leave

 

31.1      A weekly employee required to attend for jury service during ordinary working hours will be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wage that would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service.

 

31.2      An employee will notify the employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee will give the employer proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.

 

32.  Public Holidays

 

32.1      An employee will be entitled to public holidays without loss of pay on the following days:

 

32.1.1               New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; Australia Day, Anzac Day, Queen's Birthday, and Eight Hour Day, May Day or Labour Day; and

 

32.1.2               the first Monday in August;

 

32.2      When Christmas Day is a Saturday or Sunday, a holiday in lieu thereof will be observed on 27 December.

 

32.3      When Boxing Day is a Saturday or Sunday, a holiday in lieu thereof will be observed on 28 December.

 

32.4      When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof will be observed on the next Monday.

 

32.5      Where in the State, public holidays are declared or prescribed on days other than those set out in this clause, those days will constitute additional holidays for the purpose of this award.

 

32.6      An employer and their employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees will constitute agreement.

 

32.6.1               If an employee is a member of a union bound by the award, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions.

 

32.6.2               An agreement pursuant to 32.6 will be recorded in writing and be available to every affected employee.

 

32.7      All employees who work on a public holiday, whether part of an ordinary roster or work cycle, or not part of a roster cycle, will be paid at the rate of double time, with a minimum payment as for four hours.

 

32.8      An employee whose rostered time off falls on a public holiday as provided for in this clause will be allowed an additional day off at a time to be agreed between the employer and the employee, or be paid an additional days pay in lieu thereof within seven days of the holiday.

 

33.  Leave for Consultation Meetings

 

Each employer will allow his/her employees to attend meetings to discuss industrial matters without loss of ordinary pay provided the following conditions are observed:

 

33.1      At least fourteen days notice of such meeting is given to the employer.

 

33.2      The meetings will be held on Mondays, not public holidays and will conclude by 12:30 p.m.

 

33.3      The employer is only obliged to pay wages for the period that the employee was rostered for duty.

 

33.4      The employer is only obliged to pay wages for the period of the meeting if the employer is in receipt of satisfactory evidence of the employee’s attendance at the meeting.

 

33.5      The employer is not obliged to pay wages for more than two such meetings in any calendar year in each State.

 

PART 8

 

TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK

 

34.  Travelling

 

34.1      An employee required by the employer to travel will be reimbursed up to his/ her actual cost of an economy class airfare or equivalent to the destination. This provision will not apply where the employer provides and the employee elects to use employer provided transport.

 

34.2      When travelling on duty, an employee will be paid the full prescribed rate of pay for the whole period of the tour from the time of leaving the place of engagement at the beginning of the tour until the employee returns to that place of engagement at the end of the tour. Broken weeks at the beginning or end of the tour will be paid pro rata and the days of departure and return other than a Sunday, each to be counted as one day worked:

 

34.3      Provided that if either of such days be Sunday, 34.4 will apply to that day.

 

34.4      If an employee engaged by the week is required by the employer to travel on a Sunday the employee will, unless paid in pursuance of 25 - Sundays for working on a Sunday, be paid for travelling, one-tenth of the prescribed per week rate in addition to the travelling allowance payable in respect of the Sunday.

 

34.5      If an employee engaged by the week is on tour and, on any calendar day on which the employee is required to work at a performance held on that day, is also required to travel during any time between 8.00 a.m. and 5.00 p.m. one half of the travelling time will be counted as time worked, providing the maximum number of hours so paid, will be four.

 

34.6      On the day a tour's journey begins the employer will be entitled to the ordinary services of the employee during so much of the day the employee is not travelling.

 

34.7      On the day a tour's journey ends the employer will be entitled to the ordinary services of the employee up to 5.00 p.m. during so much of the day as the employee is not travelling and if the employee fails without reasonable cause to attend when requested for such service, the employer will be entitled to deduct payment proportionate to the time during which the employee so fails to attend.

 

34.8      Accommodation

 

34.8.1               Where an employee is required to travel the following provisions will apply with respect to accommodation.

 

34.8.2               Travel period less than one week

 

Where the period of travel is one week or less an allowance per night as set out in Item 14 of Table 2 - Other Rates and Allowances of Part 9 - Monetary Rates of this Award will be payable provided that such allowance will not be payable where the employer provides suitable accommodation.

 

34.8.3               Travel period greater than one week

 

The employer will pay to each employee a cash allowance per week as set out in Item 15 of the said Table 2 or an amount per night as set out in Item 16 of the said Table 2 up to the maximum weekly allowance. Where this allowance is payable it should be paid in advance up to a maximum of one week. Provided that:

 

34.8.4               The above allowance is not payable:

 

(a)        Where the employer provides suitable accommodation.

 

(b)       If the employer elects not to provide accommodation and the employee elects to accept reimbursement of the expenses of such accommodation up to the maximum limits as set out in Table 3 - Reimbursement of Expenses of part 9 - Monetary Rates of this award.

 

(c)        Shared accommodation

 

(i)         Where an employer and employees agree in writing, shared accommodation may be provided by the employer. The employer will retain a copy of any such agreement.

 

(ii)        Where the employer is not providing accommodation and employees agree in writing to share accommodation, the reimbursement limits set by this clause will be increased by 25% in respect of such shared accommodation. A copy of such agreement will be retained by the employer.

 

(iii)       Where there are special circumstances which an employer considers preclude him/her from being able to provide suitable accommodation the employer and employee may agree to shared accommodation without additional payment.

 

34.8.5               Reimbursement will be made weekly or at such longer intervals as the employer and employee agree and will be made upon presentation by the employee of a receipted account for the accommodation or such other arrangements as are agreed between the employer and the employee.

34.8.6

 

(a)        In lieu of the provisions of 34.8.4(a) and 34.8.4(b), an employee may elect to take a cash allowance per week as set out in Item 17 of the said Table 2 or an amount per night as set out in Item 18 of the said Table 2 up to a maximum of the weekly cash allowance.

 

(b)       Where an employee elects to take this allowance it shall be paid in advance up to a maximum of one week.

 

34.8.7               Any dispute as to the operation of this clause or as to whether accommodation provided by an employer is suitable accommodation as is required by this clause will be dealt with in accordance with 11 - Dispute resolution.

 

34.8.8               When any travel in excess of one week in duration is required as much notice as is practicable will be given to employees. Such notice will also include, where the employer is providing accommodation in accordance with this clause the details of the accommodation to be provided. The employee will indicate within fourteen days of the offer of accommodation whether they propose to accept the offer unless impractical to do so in the circumstances.

 

34.9      Meals

 

An employee required to travel will be an allowance for meals per day as set out in Item 19 of the said Table 2 to a maximum amount per week as set out in Item 20 of the said Table 2. Provided that such allowances will not be paid where the employer provides meals of a satisfactory nature.

 

34.10    Incidentals

 

An employee required to travel will be paid an allowance for incidentals per day as set out in Item 21 of the said Table 2 to a maximum amount per week as set out in Item 221 of the said Table 2.

 

34.11    Eligibility

 

34.11.1             The provisions of 34.8, 34.9 and 34.10 above will not apply:

 

(a)        with respect to an employee who is engaged to work at a single location away from the employees place of residence for a specific period of twelve months or more.

 

(b)       where an employee is engaged on a local show.

 

34.11.2             An employer will not knowingly engage on a local show, an employee whose place of residence is not in the local area.

 

34.11.3             The provisions of this clause will be applicable as though the place of residence of the employee or prospective employee had been correctly stated, where an employer:

 

(a)        avoids or seeks to avoid the operation of this clause by inducing any employee or prospective employee to misrepresent the employees’ place of residence; or

 

(b)       engages an employee where the employer knows that the place of residence of an employee or prospective employees has been misrepresented.

 

PART 9

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

 

Table 2 - Other Rates and Allowances

 

 

Table 3 - Reimbursement of Expenses

 

(Clause 34.8.4(b))

 

 

 

 

W. R. HAYLEN  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.