ENTERTAINMENT AND BROADCASTING INDUSTRY - FILM AND VIDEO PRODUCTION (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 1991 of 2005 )

 

 

AWARD

 

Part 1

 

APPLICATION AND OPERATION OF AWARD

 

1  Title

 

This Award will be known as the Entertainment and Broadcasting - Film and Video Production (State) Award

 

2  Arrangement

 

The Award is arranged as follows:

 

PART 1 - APPLICATION AND OPERATION OF AWARD

 

Clause No.          Subject Matter

 

1.         Title

2.         Arrangement

3.         Application and Parties Bound

4.         When the Award Commences

5.         Locality

6.         Definitions

7.         Production/Enterprise Flexibility Provisions

 

PART 2 - EMPLOYER AND EMPLOYEES DUTIES, EMPLOYMENT RELATIONSHIP AND

RELATED MATTERS

 

8.         Terms of Engagement

9.         Part-Time Employment

10.       Casual Employees

11.       Termination of Employment

12.       Redundancy

 

PART 3 - WAGES, CLASSIFICATIONS AND RELATED MATTERS

 

13.       Classifications and Rates of Pay

14.       Exceptions to Certain Clauses

15.       Documentary Productions

16.       Superannuation

17.       Payment of Wages

 

 

 

PART 4 - HOURS OF WORK AND RELATED MATTERS

 

18.       Hours of Work

19.       Calculation of Penalties and Provision of Rosters

20.       Overtime

21.       Five/Six Day Week

22.       Breaks between Work Periods

23.       Meal Breaks

24.       Rest Periods

 

PART 5 - ALLOWANCES

 

25.       Travelling

26.       Clothing

27.       Reimbursement for Facilities

 

PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

 

28.       Annual Leave

29.       Sick Leave

30.       Public Holidays

31.       Parental Leave

32.       Personal/Carer’s Leave

33        Compassionate Leave

 

PART 9 - AWARD COMPLIANCE, CONSULTATION AND ANTI DISCRIMINATION

 

34.       Access to Award

35.       Dispute Settlement Procedure

36.       Employee Consultation

37.       Anti Discrimination

38.       Index of Facilitative Provisions

 

Appendix A - Transitional and translation arrangements

 

3.  Application

 

(a)        This award shall apply to all persons classified in clause 13 - Classifications and Rates of Pay employed in the industry as defined, throughout the State.

 

(b)        It shall not apply to the following companies:

 

(a)        Walt Disney Television Animation (Aust.) Pty Ltd.

 

(b)        Westside Television Productions Pty. Ltd

 

(c)        Australian Film Television and Radio School

 

(d)        Hoyts Productions Pty Ltd

 

(e)        Kennedy Miller Pty. Ltd

 

(f)         Hoyts Television Pty Ltd

 

(g)        Roadshow Coote and Carroll Pty Ltd

 

(h)        Broadcom Australia Pty Ltd

 

Video clip reproduction shall be exempt from the provisions of this award.

 

4.  When the Award Commences

 

This award rescinds and replaces the Entertainment and Broadcasting Industry - Film And Video Production (State) Award published 25 January 2001 (321 IG 972), and all variations thereof.

 

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.

 

5.  Locality

 

This Award will apply within New South Wales

 

6.  Definitions

 

For the purposes of this Award the following definitions will apply:

 

6.1        Assistant

 

A person employed in any classification who assists under supervision.  For the purposes of this definition "supervision" means - working in the immediate proximity and in the same area.

 

6.2        Award

 

Entertainment and Broadcasting industry - Film and Video Production (State) Award

 

6.3        Documentary production

 

A production which does not utilise actors, and in which there is no alternative to the working of irregular hours because of the geographic location involved and/or the subject matter of the production, and in which the number of persons engaged under the Agreement does not exceed six.

 

6.4        Exceptional circumstances

 

Means - any one of the following:

 

unfavourable weather;

acts of God;

sudden unforeseen unavailability of location;

sudden illness or sudden unforeseen unavailability of key crew or contracted artist;

loss, damage or unforeseeable delay in delivery of key prop or other key element;

equipment breakdown; or

negative damage.

 

6.5        Gross agreed remuneration

 

Means - In any week, gross wages payable to the employee (including over award payments) for the number of hours which the employee has agreed to work in that week for the employer. It will not include payment for irregular or unexpected overtime, but it will include amounts paid for time which the employee had agreed to work, but was not actually required to perform duties by the employer. It will not include allowances or per diems payable as reimbursement for expenses or amounts paid for hire of equipment. Amounts paid in respect of annual leave will be regarded as part of gross agreed remuneration. Amounts paid by way of pro rata annual leave will not be regarded as part of gross agreed remuneration.

 

6.6        Industry

 

The industry in which persons are employed or engaged in producing film, video or television programs, but not including the employment or engagement of persons by television broadcasters.

 

6.7        Location away from home

 

Means - a location utilised for filming or recording where:

 

accommodation is provided by the employer; and

 

by surface transport more than two and a half hours is taken to reach the 25 km zone of the capital city of the employer’s usual place of business from the location by a reasonably practical route; and

 

the location is a requirement of the script.

 

6.8        Union

 

Media Entertainment and Arts Alliance

 

6.9        MEAA

 

Media Entertainment and Arts Alliance

 

6.9        Reasonable accommodation

 

Unshared, modern motel style accommodation

 

6.10      SPAA

 

Screen Producers Association of Australia

 

6.11      EF

 

Employers First

 

6.12      Week

 

The period Monday to Sunday inclusive

 

7.  Production/Enterprise Flexibility Provisions

 

7.1        Where an employer or employees wish to pursue an agreement at the production, or enterprise level about how the award should be varied so as to make the production or enterprise operate more efficiently according to its particular needs, the following process will apply:

 

7.1.1     A consultative mechanism and procedures appropriate to the size, structure and needs of the production or enterprise will be established.

 

7.1.2     For the purpose of the consultative process the employees may nominate the Union or another to represent them.

 

7.1.3     Where agreement is reached, an application will be made to the Commission in accordance with the provisions of Part 2 of Chapter 2 of the Industrial Relations Act 1996.

 

PART 2

 

EMPLOYER AND EMPLOYEES DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED MATTERS

 

8.  Terms of Engagement

 

8.1        Employment will be by the week. Any employee not specifically engaged as a casual employee will be employed by the week.

8.2        An employer may deduct payment for any day where an employee cannot be usefully employed because of any strike, ban on work, or any other stoppage or interruption with work beyond the control of the employer.

 

8.3        It is a term of engagement that in circumstances in which the nature of work required for a particular engagement nullifies, voids or otherwise has the effect of cancelling (either wholly or in part) the operation of the employee’s personal insurance the employer will indemnify the employee and/or the employee's dependants or heirs against any loss arising.

 

9.  Part-Time Employment

 

9.1        An employee may be engaged by the week to work on a part-time basis for an agreed number of ordinary hours less then 38.

 

9.2        The ordinary hours of work and days on which such work is to be performed will be agreed in writing between the employer and the employee before the employee begins part-time employment. Such agreed hours and days may be varied by agreement in writing between the employee and the employer.

 

9.3        The minimum hourly ordinary time rate of pay for a part-time employee will be the minimum weekly rate for a full-time employee of the relevant classification divided by 38. Overtime and penalty payments will apply to a part-time employee in the same manner as they apply to a full-time employee.

 

9.4        Subject to the provisions of this clause and the matters agreed to in accordance with subclause 9.2, part-time employees will be entitled to all award entitlements including all leave provisions on a pro rata basis.

 

10.  Casual Employees

 

10.1      Casual employees will be engaged and paid as such. A casual employee will be paid for a minimum of eight hours. The minimum hourly ordinary time rate of pay for a casual employee will be the minimum weekly rate for a full-time employee of the relevant classification divided by 38, plus an additional loading of 20 per cent. Casual employees will also be entitled to receive any penalties or other additional payments prescribed by this Award. For any hours worked in excess of eight hours in any one day the appropriate overtime rate will be paid.

 

10.2      Except when hired for one day only, a casual employee not required to work on a second or subsequent day will receive notice of cancellation prior to cessation of ordinary hours of work on the day prior to the next agreed starting time. If such notice is not given, the employee will be paid for a minimum of eight hours at the appropriate casual rate.

 

10.3      Casual employees engaged at a location may be employed for a minimum of four hours at the appropriate hourly rate in accordance with subclause 10.1.

 

11.  Termination of Employment

 

11.1      Notice of termination by employer

 

11.1.1               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

 

11.1.2               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

 

11.1.3               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 working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

 

11.1.4               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.

 

11.1.5               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 only, 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.

 

11.2      Notice of termination by an employee.

 

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

 

11.2.2               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

 

11.3      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 employee after consultation with the employer.

 

12.  Redundancy

 

12.1      Application

 

(a)        This clause shall apply in respect of full-time and part-time employees.

 

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

 

(c)        Notwithstanding anything contained elsewhere in this clause, this clause 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.

 

(d)        Notwithstanding anything contained elsewhere in this clause, this clause 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.

 

12.2      Introduction of Change

 

(a)        Employer’s duty to notify

 

(1)        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.

(2)        ‘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 the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(b)        Employer’s duty to discuss change

 

(1)        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 (a) above, 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.

 

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

 

(3)        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.

 

12.3      Redundancy

 

(a)        Discussions before terminations

 

(1)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subparagraph (1) of paragraph (a) of 12.2 above, 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.

 

(2)        The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (1) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(3)        For the purposes 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 workers 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.

 

12.4      Termination of Employment

 

(a)        Notice for Changes in Production, Programme, Organisation 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 subclause 12.2 (a)(1) above.

 

(1)        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

 

(2)        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.

 

(3)        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.

 

(b)        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 subclause 12.2(a)(1) above:

 

(1)        In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

(2)        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.

 

(3)        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.

 

(c)        Time off during the notice period

 

(1)        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.

 

(2)        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.

 

(d)        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 had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(e)        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 the type of work performed by the employee.

 

(f)         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.

 

(g)        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.

 

(h)        Transfer to lower paid duties

 

Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii) above, 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.

 

12.5      Severance Pay

 

(a)        Where an employee is to be terminated pursuant to subclause 12.4 above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

 

(1)        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

 

(2)        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

 

(3)        ‘Weeks pay’ means the all purpose rate of pay 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 provided for in the relevant award.

 

(b)        Incapacity to pay

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above.

 

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

 

(c)        Alternative Employment

 

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

 

(d)        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 union and any employer bound by this award.

 

PART 3

 

WAGES, CLASSIFICATIONS AND RELATED MATTERS

 

13.  Classifications and Rates of Pay

 

13.1      Appendix A sets out the process for the translation into the classification structure set out in this clause of employees engaged in classifications previously set out in this award and classifications commonly utilised in the motion picture and video production (including post-production and animation) industry.

 

13.2      Subject to the terms of sub-clause 13.1 of this award, the minimum rates of pay to be paid to an employee employed in each of the classifications defined at sub-clause 13.6 are set out in Table 1 in Appendix B.:

 

13.3      The supplementary payments set out in this award are in substitution for any over award payment as defined at sub-clause 13.4 which would otherwise have been paid, up to the amount of the supplementary payment.

 

13.4      Over award payment is the amount (whether it is called an over award payment or referred to in any other terms) of any payment made to an employee which was not made in order to comply with the minimum rates of pay and conditions set out in this award.

 

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

 

(a)        any equivalent over award payments, and/or

 

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

 

13.6      Employees engaged under the terms of this award will be classified in accordance with the classification descriptions set out below, and in accordance with the translation schedule set out in Appendix A to this award.  That translation schedule includes both existing award classifications and classifications which are currently utilised in the industry.  Employees whose job title is not included in the translation schedule will be classified in accordance with the position descriptions set out below and will be entitled to all provisions of the award.

 

Level 1 Relativity to classification C10 of the Metal Industry Award: 90.0%

 

13.6.1               Entry/base level for an inexperienced employee.

 

At this level an employee will have no prior experience or training in the industry and will work under direct supervision on general duties of a basic nature requiring only limited discretion.  An employee at level 1 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:

 

Under supervision, perform basic duties related to the maintenance of animals, equipment, vehicles etc used in the film production process;

Light cleaning or preparation of location, studio and/or unit base;

Lift and handle scenery, props or equipment under direct instruction;

Pack and store simple objects under direct instruction;

Apply general safety procedures;

Develop an understanding of basic industry terminology and processes;

Work effectively in a team environment;

Undertake courier or driver duties;

Develop an understanding of basic industry production process;

Basic maintenance of relevant tools and equipment.

 

13.6.2               Level 2 - Relativity: 97.5%

 

A level 2 employee will have limited previous experience or training in the industry and will act as an assistant to production personnel engaged in non-trade technical and creative duties. Level 2 employees may work without direct supervision as required.  An employee at level 2 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:

 

Assist in supervision of employees at level 1;

Competently perform all relevant tasks undertaken at level 1;

Demonstrate an understanding of production terminology and processes;

Undertake basic duties as assistant in relevant departments, including supervised maintenance, cleaning and storage of basic tools and equipment including costumes;

Demonstrate appropriate interpersonal skills, including problem solving with co-employees, performers and/or contractors or suppliers;

Undertake liaison and/or courier duties;

Provide basic assistance in production office and with the casting of extras;

 

13.6.3               Level 3 - Relativity: 103%.

 

A level 3 employees may hold a relevant trade certificate or its equivalent in a discipline or trade relevant to the industry, may have prior working experience in the industry and will have a good knowledge of technical and creative aspects of the industry. A level 3 employees will carry out duties under limited supervision.  An employee at level 3 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:

 

Exercise technical and/or creative skills in required skill areas at a basic trade equivalent or better;

Assist in supervision of employees at level 1 or 2;

Understand and apply quality and safety control techniques;

Exercise good interpersonal and communication skills, particularly in consultation with performers, production personnel, etc;

Have a basic capacity to innovate and fault find using a broad range of materials, tools and/or technologies for installation, maintenance and/or repair and/or fabrication and/or construction and/or operation;

Perform duties under the pressure of production deadlines;

Have a sound understanding of industry terminology and craft, and an understanding of industry aesthetics and production processes;

Carry out repairs to equipment, props, costumes etc;

Provide organisational assistance to a head of department or other senior employee;

Exercise discretion within the scope of his/her department and classification;

Undertake production office, secretarial and executive management support duties as required;

Assist in organisation or supervision of loading/unloading props, scenery and equipment;

Undertake duties as an assistant in relevant departments.

 

13.6.4               Level 4 - Relativity 111%

 

A level 4 employees will be an experienced industry employee, who will work competently and with minimal supervision within her/his department, or may manage a discrete part of the production process.  An employee at level 4 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:

 

Undertake creative and/or technical tasks in relevant departments;

Exercise technical and/or creative skills;

Understand and apply quality and safety control techniques;

Demonstrate a well developed understanding of industry craft and a developed understanding of industry aesthetics which is applied to the work performed;

Assist in the development and provision of training;

Carry out equipment maintenance, and carry out repairs to complex equipment as required;

Organise work and allocate work priorities;

Accurately generate and interpret reports and/or plans or designs;

Exercise discretion within the scope of the classification;

Supervise a work team or assist in the co-ordination of work across a number of departments;

Cast extras and liaise with agents in the casting process;

Assist in liaison with, and assist, performers;

Undertake supervision of some production office duties;

Provide specialist advice and/or equipment to the production;

Co-ordinate the provision of facilities for cast and crew on location/set;

Program and operate control systems, including software related to sound, lighting etc, or the mechanical operation of equipment or special effects;

Assist in the post production process;

 

13.6.5               Level 5 - Relativity 119%

 

A level 5 employee will be an experienced industry employee who may have undertaken advanced training. A level 5 employee will work competently at a high skill level without supervision as primary assistant to key technical and creative personnel.  An employee at level 5 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:

 

Exercise technical and/or creative skills at a high level;

Provide and develop training in association with other skilled technicians and production management;

Have a complex understanding of production industry craft and a well developed sense of production industry aesthetics which is applied to work performed;

Develop work programs and allocate priorities for a work team;

Well developed capacity to develop solutions to relevant problems using a wide variety of materials, tools and techniques including specialised technologies for fabrication and/or construction, repair, maintenance and installation of advanced equipment, etc;

Apply a range of specialist knowledge and provide specialised skills;

Develop and generate reports/plans/designs/drawings as required and assist in co-ordinating production schedules and timelines as required to meet deadlines;

Capable of unsupervised solo work;

Undertakes production co-ordination duties at the level of assistant to Production Manager;

Organise and manage the use of locations and liaison with local authorities as required;

Assist first AD, liaise with production office and location/set, monitor schedule, supervise extras;

Operate and perform SFX sequences;

Exercise advanced trade skills in the art and props departments;

Assist the Art Director.

 

13.6.6               Level 6 - Relativity 130%

 

A level 6 employee will be an experienced industry employee who is capable of unsupervised work of a complex technical or creative nature. A level 6 employee may supervise a department on small scale productions or be deputy HoD on a large scale production.  An employee at level 6 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:

 

Provide technical guidance to other employees;

Exercise high level skills in key technical and production support departments;

Prepare detailed reports as required in her/his area;

Assist in the development and provision of on the job training;

Operate, maintain and repair as required sophisticated/advanced equipment;

Design of sets, floor plans, construction plans etc;

Undertake all aspects of still photography;

Co-ordinate SFX sequences and sequences requiring animals;

Responsible for production accounting processes;

Supervision of make-up, hair and wardrobe departments;

Supervise cast and crew safety on set and location.

 

13.6.7               Level 7 - Relativity 143%

 

A level 7 employee will be an experienced industry employee with considerable advanced training or its equivalent.  An employee at level 7 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:

 

Provide, develop and may supervise on the job training;

Provide a major contribution to the development of work plans, timelines and budgets for major productions;

Co-ordinate the activities of a number of departments within a production environment and assists in the solution of budgetary and other complex difficulties which arise in the development of work plans and production schedules, etc.;

Undertake duties of first assistant director;

Prepare complex integrated multi-department reports and plans/plots/drawings as required;

Work closely with designers and other senior creative staff in the development of concepts and plans etc.;

Exercise considerable discretion within the classification;

Responsible with heads of department for ensuring satisfactory quality of work at department level;

Advanced understanding of production industry craft processes and aesthetics and applies that to the work performed;

Liaise with and assist performers, and plan and provide all necessary co-ordination for effective location or studio management;

Undertake key technical responsibilities including maintenance, set-up and operation of complex camera, lighting, construction and electrical equipment;

Oversee the satisfactory co-ordination of technical services;

Oversee the recruitment of staff in co-operation with heads of department;

Supervise and design SFX and SFX make-up;

Supervise business and technical arrangements and monitor budget adherence;

Control and operate complex audio-visual production and post-production equipment;

Control and direct all aspects of continuity;

Supervise post-production;

Design costumes.

 

13.6.7               Level 8 - Relativity 158%

 

A level 8 employee will work at a level above and beyond an employee at level 7 and exercise advanced skill, judgement and control in key production, technical, or creative management. An employee at level 8 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:

 

Exercise key creative control of photography, sound and production design;

Direct second unit filming;

Perform duties as a senior department head or as senior creative personnel such as DoP, Production Designer or Sound Designer;

Supervise, design and direct complex creative processes as required;

Supervise the co-ordination of training.

 

13.6.8               Level 9 - Relativity 165%

 

A level 9 employee will demonstrate advanced industry skills as a Director working in series or serials, documentaries, animated productions, or similar productions An employee at level 9 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:

 

Undertake all duties of Director or Animation Director;

Integrate the work of performers and senior creative personnel to develop complex integrated work plans for major productions;

Exercise creative control of a production;

Develop complex plans as required.

 

13.6.9               Level 10 - Relativity 175%

 

A level 10 employee will demonstrate advanced industry skills as a Director working in feature film, mini-series and one shot drama/telemovie productions. An employee at level 10 will be expected to satisfactorily fulfil or perform relevant indicative standards and tasks set out below:

 

Undertake all duties of Director;

Integrate the work of performers and senior creative personnel to develop complex integrated work plans for major productions;

Exercise creative control of all aspects of a production including script rights, principal casting rights, fine cut rights and mix rights;

Develop complex plans as required.

 

13.7      An employee may be transferred to perform work other than the work for which she or he was engaged, provided that an employee will not suffer any reduction in his/her ordinary rate of pay by reason of such transfer.

 

13.8      An employee transferred to perform work for which a rate of pay higher than his/her own ordinary rate is prescribed by this Award will be paid at the higher rate during the period of transfer, or for four hours, whichever is greater. Provided that if the period is more than four hours the employee will be paid at the higher rate for one day. This subclause will not apply in cases where an employee is temporarily relieving another employee engaged in a continuous process during a period of absence not exceeding one hour in any day.

 

14.  Exceptions to Certain Clauses

 

14.1      The provisions of subclauses 18.1 to 18.6 inclusive, and clauses 19 - Calculation of penalties and provision of rosters and 20 - Overtime of this Award will not apply to employees engaged in the specific positions listed hereunder, and who are contracted to receive weekly remuneration as follows:

 

14.1.1               Where the production is scheduled as a five day week, four times the weekly rate for the relevant classification.

 

14.1.2               Where the production is scheduled as a six day week, five times the weekly rate for the relevant classification.

 

14.1.3               The specific positions referred to in this clause are as follows:

 

Production Supervisor;

Production Manager;

Unit Manager;

Director;

First Assistant Director;

Director of Photography;

Post Production Supervisor;

Editor;

Art Director;

Production Designer;

Supervisor Make Up;

Wardrobe and Costume Designer;

Sound Designer/mixer.

 

15.  Documentary Productions

 

15.1      Where an employee is engaged for a documentary production and the employer and employee so agree the provisions of subclauses 19.1, 19.4 to 19.10 inclusive, 20.6 and 25.15 and clause 21 - Five/six day week will not apply while actually engaged in filming provided that such employee is paid at an hourly loading of at least 25% of the ordinary hours rate, such loading to be taken into account in the calculation of overtime and penalty rates, and MEAA or other authorised representative of the employee is advised by the employer at least two weeks in advance of the commencement of principal photography.

 

15.2      Notwithstanding any of the provisions of this subclause no employee engaged under an agreement reached using the provisions of subclause 15.1 will be required to work more than thirteen consecutive days without a break of 34 clear hours off duty.

 

16.  Superannuation

 

16.1      In addition to all other amounts payable under this Award, each employer will pay into a superannuation fund an additional proportion of each employee's gross agreed remuneration as prescribed by Commonwealth legislation. Such amounts will be posted to an individual account in the fund in the name of those employees registered with a fund. The employer will advise employees upon engagement of their entitlements in accordance with this clause. An employee who remains unregistered with a fund during the entire course of his/her employment with an employer will not be entitled to contributions as provided for in this clause. It will be the responsibility of employees to provide details of their fund registration to the employer or to complete fund registration documents as the case may be.

 

16.2      Where a dispute arises as to the amount of superannuation contributions to be paid, subject to the requirements of and without prejudice to the rights of any party pursuant to relevant legislation, the dispute resolution procedure of this Award will be utilised to attempt to resolve the dispute.

 

16.3      The superannuation fund referred to in subclause (i) of this clause is the Superannuation Trust of Australia (S.T.A.) or, in the case of members of Employers First, A.S.S.E.T. or S.T.A, or in any event, another complying fund as agreed between the employer and employee.

 

17.  Payment of Wages

 

17.1      Subject to subclause 17.2 hereof, wages will be paid fortnightly unless the employer elects to pay on a weekly basis.

 

17.2      All wages payment may be made by electronic funds transfer or by direct deposit to a bank or similar account nominated by the employee, or as otherwise agreed between the employer and employee, and will be made no later than the Thursday following the week or fortnight in respect of which payment is made.

 

17.3      On the day on which payment of wages is made an advice slip will be provided to the employee indicating all payments including overtime and penalty payments and any deductions made.

 

17.4      Notwithstanding any provision of this clause, where an employee is engaged in work at a remote location, a reasonable proportion of the employee's wages must be made available to that employee in cash on the day on which payment is made.

 

17.5      Should an employee be incorrectly paid in any fortnight or week as the case may be, the necessary adjustment will:

 

in the case of overpayment, be made on the next pay day following discovery of the overpayment, or in accordance with arrangements agreed between the employer and the employee; and

 

in the case of short payment, be made within the next two working days after details have been supplied to the employer.

 

PART 4

 

HOURS OF WORK AND RELATED MATTERS

 

18.  Hours of Work

 

18.1      Ordinary hours of work for full time employees will average 38 hours each week, which will by agreement between the employer and employees be worked on one of the following bases:

 

18.1.1               7 hours and 36 minutes per day over 5 consecutive days; or

 

18.1.2               in the case of engagements of more than 26 weeks duration as 19 working days per 28 day cycle; or

 

18.1.3               in the case of engagements of less than or equal to 26 weeks duration payment may be made on a pro rata basis at the rate of 1 day per 28 day cycle of the engagement or part thereof, at the conclusion of the engagement or part thereof; and such time, however paid, will be counted as time worked for the purpose of calculating annual leave entitlement.

 

18.2      Ordinary hours will be worked:

 

18.2.1               In days of 8 hours or 7 hours and 36 minutes, in either case, over 5 consecutive days in each week between Monday and Saturday. Such hours are to be worked continuously with the exception of meal breaks; and

 

18.2.2               To a maximum of 152 hours per 28 day cycle except where the provisions of paragraph 18.1.2 hereof apply, in which case the ordinary hours to be worked will not exceed 160 per 28 day cycle.

 

18.3      The 28 day cycles referred to in subclause 18.2 hereof will be nominated by the employer subject to the following provisions:

 

18.3.1               The cycle will commence on a Monday;

 

18.3.2               Once set by an employer they will not be altered without the written agreement of the employee, MEAA or another employee representative;

 

18.3.3               Each employee will be notified in writing, upon engagement, of the commencement date of the next 28 day cycle applicable to their employment.

 

18.4      Employees who commence employment other than on the first day of a 28 day cycle will be allowed time off (or paid overtime) at the rate of at least 24 minutes for each day worked until the commencement of the next such cycle. Such time off or payment will be made at or before the end of the first applicable 28 day cycle.

 

18.5      Where an employee agrees to work scheduled overtime in accordance with clause 20 of this Award, he/she will be allowed one day off per 28 day cycle without deduction from their gross agreed remuneration.

 

18.6      All time worked on a Sunday will be overtime and paid in accordance with clause 20 of this Award.

 

18.7      Except when living away from home and working on location, hours of work will commence and finish at a nominated place of call. A nominated place of call for the purposes of this Award will mean, in the case of a capital city, a place nominated by the employer within 25km of the GPO of such capital city or in other cases, a place nominated by the employer within 25km of the employer's usual place of business.

 

18.8      An employer will clearly state their usual place of business before engaging an employee and any document offering employment or any contract or proposed contract of employment will specify the employer's usual place of business for the engagement.

 

18.9      Employees who do not commence and finish work at the employer's usual place of business will receive the allowance specified in subclause 25.4 of this Award unless:

 

18.9.1               suitable transportation is made available to such employees by the employer; or

 

18.9.2               such employees are in receipt of either a petrol allowance or vehicle allowance from the employer.

 

18.10    When living away from home and working on location, hours of work will commence and finish at the place where the employee is provided with accommodation.

 

19.  Calculation of Penalties and Provision of Rosters

 

19.1      For the purposes of applying penalties under this Award, the week will be divided into time zones as follows and the loadings indicated will be payable in addition to all other payments including overtime for work performed in the relevant time zones.

 

Zone	Loading
Zone A: 7 a.m. to 8 p.m.- Monday to Friday	Nil
Zone B: 8 p.m. to Midnight- Monday to Thursday	25%
12.01 a.m. to 7 a.m.- Tuesday to Friday
7 a.m. to 8 p.m.*- Saturday
Zone C: 8 p.m. to Midnight- Friday and Saturday	50%
12.01 a.m. to 7 a.m.- Saturday
Zone D: 12.01 a.m. to 7 a.m.** - Monday	100%

 

*Save that where an employee contracts to work a six day week as provided for in clause 21 of this Award the penalty payable for work between 7 a.m. and 8 p.m. on a Saturday will be as for Zone A of this clause:

 

**Save that where no work was performed on either the Saturday or Sunday preceding, the rate applicable for Zone D after 6 a.m. will be as for Zone B.

 

19.2      Penalty and overtime rates will be based on hourly rates calculated from the ordinary time rate (38 hour rate, including over award payments) on which the employees' gross agreed remuneration is based. A divisor of 38 will be used for such calculations.

 

19.3      Calculations will be made per quarter hour and work in excess of five minutes will be taken to the next quarter hour.

 

19.4      The employer shall provide each weekly employee with the following schedules:

 

19.4.1               in respect of an ongoing serial and/or series, an abbreviated schedule for each week of principal photography, showing the crew call time for each day of the week to which the schedule relates. The schedule in respect of the first week of principal photography shall be provided no later than the commencement of principal photography and schedules in respect of subsequent weeks shall be provided no later than 4 days prior to the commencement of principal photography in the week to which the schedule relates;

 

19.4.2               in respect of a production other than an ongoing serial and/or series, an abbreviated schedule for the first 2 week period of principal photography (or such greater or lesser period as is agreed between the employer and the employee) showing the crew call time for each day of the period to which the schedule relates. The schedule in respect of the first two week period of principal photography (or such other period as is agreed between the employer and employee) shall be provided no later than the commencement of principal photography and schedules in respect of each subsequent week shall be provided no later than 6 days prior to the commencement of principal photography in the period to which the schedule relates;

 

19.4.3               when a change is made to the crew call time specified in an abbreviated schedule provided in accordance with this paragraph which results in a change to the hours of work specified in that schedule, a 25% penalty shall be paid on all hours, in excess of one hour, by which the crew call time is varied. Provided that the 25% penalty on the changed hours shall not be payable if the employer gives the employee notice of the changed hours, in case of an ongoing serial and/or series of at least 4 days, and in the case of a production other than an ongoing serial and/or series of at least 6 days, prior to the day on which such changed hours are worked or in exceptional circumstances.

 

19.5      Paragraph 19.4.1 shall only apply in respect of productions for which principal photography exceeds 2 weeks. In the case of a production where principal photography exceeds 1 week but is less than or equal to 2 weeks, an employer shall provide each employee with an abbreviated schedule showing the crew call time for the duration of principal photography. Such schedule shall be provided not later than the commencement of principal photography;

 

19.6      When a change is made to a crew call time specified in a schedule which results in a change to the hours of work specified in that schedule a 25% penalty shall be paid on all hours, in excess of one hour, by which the crew call time is varied. Provided that no 25% penalty shall be payable if the employer gives the employee notice of the change at least 3 days prior to the day on which the changed hours are to be worked or in exceptional circumstances.

 

19.7      An employer shall, during principal photography of a production, notify each casual employee at the cessation of work on one day, what will be the employee's call time on his/her next day of work.

 

19.8      Where a change is made to a call time notified to a casual employee which results in a change to the hours of work specified a 25% penalty shall be paid on all hours, in excess of one hour, by which the crew call time is varied. Provided that the 25% penalty on the changed hours shall not be payable if the employer gave the casual employee notice of the changed hours at least 10 hours prior to the changed call time or in exceptional circumstances.

 

19.9      The 25% penalty on changes to rostered hours prescribed in sub-clauses 19.4.3, 19.6 and 19.8 shall not be payable if the changed hours are unscheduled overtime.

 

19.10    Where a schedule is not provided in accordance with sub-clauses 19.4.1 and 19.4.2 all work undertaken in the period in respect of which a schedule has not been provided shall be paid for at a penalty rate equal to 100% higher than the rate of pay that would otherwise be applicable to such work.

 

20.  Overtime

 

20.1      Overtime will be classified as scheduled or unscheduled in accordance with the provisions of this clause.

 

20.2      Scheduled overtime is overtime which an employee has agreed to work and for which the employer has agreed to pay (whether worked or not) at the commencement of an engagement.

 

20.3      Scheduled overtime may be contracted as follows:

 

20.3.1               Where a five-day week is worked scheduled overtime up to a maximum of two hours per day may be contracted for;

 

20.3.2               Where a six-day week is worked, scheduled overtime up to a maximum of two hours per day for each day between Monday and Friday inclusive and up to a maximum of ten hours on Saturday may be contracted for.

 

20.4      Subject to other penalties prescribed in this Award, payment for all overtime will be made as follows:

 

20.4.1               Monday to Saturday - Time and a half for the first two hours and double time thereafter.

 

20.4.2               Sunday - Double time;

 

20.4.3               Any time worked on any day in excess of 12 hours - Triple time.

 

20.5      Where overtime is worked on a day on which ordinary hours are not worked, payment will be made as for a minimum of four hours worked.

 

20.6      Any employee recalled to work after leaving the employer's premises shall be paid for a minimum of three hours work at the appropriate overtime rate.

 

20.7      Requirement to Work Reasonable Overtime

 

20.7.1               Subject to subclause 20.7.2, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

20.7.2               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.

 

20.7.3               For the purposes of 20.7.2 what is unreasonable or otherwise will be determined having regard to:

 

i.          any risk to employee health and safety;

 

ii.         the employee's personal circumstances including any family and carer responsibilities;

 

iii.        the needs of the workplace or enterprise;

 

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

 

v.         any other relevant matter.

 

21.  Five/Six Day Week

 

21.1      The normal scheduled working week will consist of 5 consecutive days of up to 10 hours between Monday and Saturday inclusive.  Working weeks of 6 consecutive days of up to 10 hours may be scheduled in the following circumstances:

 

21.1.1               In the case of:

 

work performed on a location away from home; or

extenuating circumstances; or

productions where the total engagement is of a duration of 4 weeks or less; and

where work is performed in a Capital City, but only to the extent of 1 week in 6; and

where the employer and a majority of the employees concerned agree.

 

21.2      In the case of extenuating circumstances an employer will provide the affected employees and the MEAA or other representative of employees with evidence of such extenuating circumstances, the employer and the MEAA or other representative will enter into negotiations in order to determine the scheduling requirement occasioned by such extenuating circumstances, and the MEAA or other representative may agree to the scheduling of working weeks of six consecutive days of up to ten hours for the whole or part of any production affected by such extenuating circumstances. Where the employer, employees, the MEAA or other representatives are unable to reach agreement, the dispute resolution procedure of the Award will be utilised.

 

21.3      Where an employer proposes to schedule a working week or weeks in excess of five consecutive days of ten hours the employer will advise the employees and the MEAA or other representative of such intention as soon as possible and in any event at least six weeks prior to the commencement of principal photography for the production.  Where the employer, employees, the MEAA or other representatives are unable to reach agreement, the dispute resolution procedure of the Award will be utilised.

 

22.  Breaks Between Work Periods

 

22.1      The following breaks will be given, or the penalties prescribed in this subclause or in subclause 22.3, as the case may be, will be paid.

 

22.1.1               In the case of 2 consecutive days worked - 10 clear hours between the finish of one day's work and the commencement of the next day's work.

 

22.1.2               In the case of a single day off - 34 clear hours between the finish of work prior to the day off and the commencement of work following the day off.

 

22.1.3               Subject to paragraph 22.1.4 hereof, in the case of 2 or more consecutive days off - 34 clear hours for the first day and 24 hours for each subsequent day between the finish of work prior to the day off and the commencement of work following the day off.

 

22.1.4               In the case of 2 or more consecutive days off, a break of no less than 54 clear hours may given where a majority of employees affected agree; or this occurs not more than once in every four weeks.

 

22.2      The breaks prescribed in subclause 22.1.2 hereof will be calculated from and to the times prescribed in clause 18 of this Award as the times at which the employees finish and commence their hours of work.

 

22.3      Except as provided in paragraph 22.1 hereof, any employee required to commence work at such time that he/she does not receive the breaks prescribed in 22.1 hereof, will be paid single time additional for all time actually worked thereafter until such time as he/she receives a break as set out in subclause 22.1.

 

22.4      An employee who commences work later than his/her scheduled starting time for the purpose of taking the breaks prescribed in 22.1 will be deemed to have commenced work at their scheduled starting time for the purpose of calculating payments under this Award.

 

22.5      An employee will not recommence work unless he/she has a ten hour break; however an employer can authorise an employee to do so, provided the employee is paid the prescribed penalty. Such authorisation may be made retrospectively or in advance of the work which requires that the employee's scheduled starting time be set back, and will be given by the employer or the employer's authorised representative.

 

22.6      An employee who finishes work earlier than his/her scheduled finishing time for the purpose of taking breaks or minimising penalties prescribed by this clause will be deemed to finish work at their scheduled finishing time for the purpose of calculating payments under this Award (other than the penalty prescribed in subclause 22.3).

 

23.  Meal Breaks

 

23.1      If duty commences before 5.00a.m. the employer will allow a half hour break between the hours of 6.30a.m. and 8.00a.m.  This break will be considered as time on duty and breakfast will be provided by the employer or an allowance as set out in Table 2 of Appendix B.

 

23.2      Meal breaks will commence not later than 5 hours from the start of the work session or the end of the last meal break, whichever is the later, except:

 

23.2.1               in cases where it is not practicable for all employees to take their break within 5 hours, an employee will not be required to work for more than 6 hours at ordinary rates of pay, without a break for a meal; or

 

23.2.2               by agreement between an employer and employee, an employee may work in excess of 5 hours but not more than 6 hours at ordinary rates of pay without a meal break; or

 

23.2.3               by agreement between an employer and the majority of employees concerned, employees may work in excess of 5 hours but not more than 6 hours at ordinary rates of pay without a meal break.

 

23.3      Upon location if a satisfactory lunch cannot be obtained by the employee such meal will be provided by the employer or the employee will be paid an amount as set out in Table 2 of Appendix B. Upon location dinner will be provided by the employer or the employee will be paid an amount as set out in Table 2 of Appendix B.

 

23.4      If the meal break is not allowed as provided by this clause the normal time of the meal break will be paid for; at time and a half of the ordinary rate for week days; at time and three-quarters for Saturdays, at double time for Sundays, and at double time and a half for public holidays. The employee will be permitted to have their usual meal break without deduction from their ordinary rate of pay as soon as possible after the prescribed meal break.

 

23.5      Notwithstanding the above where any employee is required to work beyond the time of their second meal break such meal will be provided by the employer or the appropriate allowance will be paid to the employee by the employer.

 

23.6      When overtime duty is performed beyond 12.00 midnight a supper break of half an hour must be allowed and taken as time on duty.  The employer must provide supper or reimburse the employee at the rate as set out in Table 2 of Appendix B.

 

24.  Rest Periods

 

24.1      Subject to subclause 24.3, employees shall be granted a rest period of 10 minutes during the morning and afternoon of each day. Where the period between meal breaks or starting time and meal breaks is more than 5 hours or 6 hours as permitted by clause 23.2, the rest period shall be of 20 minutes duration. Refreshments shall be provided but no employee shall be entitled to more than one rest period during each morning and afternoon.

 

24.2      Rest periods shall be taken at times arrived at by mutual agreement between the employer and the employee which do not interfere with production.

 

24.3      Where an employee commences duty after 5.00 a.m. and is provided with breakfast by the employer, the employee shall not be entitled to a rest period during the morning.

 

PART 5

 

ALLOWANCES

 

25.  Travelling

 

25.1      All travel required between the daily commencement of work and the daily conclusion of work including all travel to and from location will be the responsibility of the employer, subject to the provisions of this clause.

 

25.2      All time spent in travelling will be counted as time worked, subject to the provisions of the Award.

 

25.3      Where an employee elects, with the written agreement of the employer, to provide her or his own transport to a location which is at a distance of more than 25 kilometres from the capital city in which the employer’s usual place of business is located, time spent in travel will be regarded as time worked and will be calculated as between a radius of 25 km from the GPO and the place of location, such distance to be measured on the basis of the shortest practicable route by road between the employer’s usual place of business and the location, and the time taken will be calculated on the basis of 2 minutes for each kilometre of distance between the 25 kilometre radius and the location. If the location is within the 25 kilometre radius the location may be considered the place of call and the employee’s time worked may be calculated from her/his call time at such location.

 

25.4      Where, prior to January 1, 1998, an employer had established his/her usual place of business in a town or place other than within a 25 km radius of the GPO of a Capital City and is recognised as carrying on his/her business from that place, the payment of allowances and the calculation of travelling time under this clause will be determined by agreement between the employer and the Union in accordance with the general principles of this clause.

 

25.5      Mode of transport

 

25.5.1               Where rail transport is utilised for travel to and from location, first class tickets (including, where applicable, sleeping berth accommodation) will be provided. Where air or sea transport is utilised, economy class tickets will be provided. Charter aircraft may be utilised where no regular commercial service is available at the time of travel. Transport from terminus, airport or landing place to the final destination and return will be the responsibility of the employer.

 

25.5.2               Employees travelling during the course of their employment at the request of an employer in aircraft other than regular passenger carrying aircraft under the command of a pilot holding an appropriately endorsed commercial pilot's licence, and who are disabled or killed during the course of such travel, will be entitled, in addition to all other rights and entitlements, to payment of a sum of not less than $170,000 to the employee or his or her heirs or dependents. Where the employer effects equivalent insurance cover, the employee, heirs or dependents will not be entitled to this payment.

 

25.5.3               The employer will provide transport from the employer's usual place of business and from the place of call to and from any place of location including a place of location within a radius of 25 km of the GPO of the Capital City in which the employer's usual place of business is located, provided that where  at the employer’s request it is agreed that the employee arranges his/her own transport, within the 20 km radius, an allowance as set out in Table 2 of Appendix B will be payable to each such employee.

 

25.5.4               An employer will not require an employee to undertake a duty if it necessitates the employee travelling by a conveyance to which the employee has a reasonable objection. However should no alternative conveyance at similar cost be available to the employer, the employee may be stood down with pay for the duration of that particular assignment.

 

25.6      Allowances and loadings

 

25.6.1               Employees travelling during meal time for whom a meal is not provided will be paid an allowance as set out in clause 23, Meal Breaks and Table 2 of Appendix B.

 

25.6.2               Where an employee incurs additional costs as a consequence of working late at the employer's request or being called early as the case may be, the employer will either provide transport for the employee or reimburse him/her for the increased cost.

 

25.6.3               When an employee is required to drive a vehicle of more than two tonnes tare in addition to his/her basic rate of pay he/she will be paid a loading as set out in Table 2 of Appendix B.

 

25.6.4               Where an employee agrees to use his/her own motor car or motor cycle at the request of the employer he/she will be paid allowances as set out in Table 2 of Appendix B, or where an employee agrees to use his/her own motor car or motor cycle to travel to or from location at the request of the employer he/she will be paid minimum allowances as set out in Table 2 of Appendix B, provided that where fuel is provided by an employer the cost of such fuel will be deducted from the amount provided as allowance for the use of the motor vehicle:

 

25.6.5               Where an employee's vehicle is hired by an employer a flat rate may be contracted which includes a hiring fee and an amount to compensate for kilometres travelled.

 

25.7      Accommodation

 

Employees required to stay away overnight from their place of residence will be provided with reasonable accommodation.  Where this is impossible and an employee is otherwise accommodated, employees will be entitled to the allowances set out in Table 2 of Appendix B for the provision of the following types of accommodation:

 

25.7.1               the standard of a private home, homestead, or hotel with shared facilities or where unshared accommodation is not provided.

 

25.7.2               the standard of air-conditioned caravans or air-conditioned and sewered mining camps.

 

25.7.3               the standard of shearer's quarters, rough mining camps, or by camping.

 

26.  Clothing

 

26.1      Compensation to the extent of the damage sustained will be made where in the course of work an employee's clothing is damaged or destroyed provided that this will not apply in where such damage or destruction occurs due to the negligence or default of the employee.

 

26.2      Where any employee is required to wear a uniform, coat, overall, or any special dress, the employer will reimburse the employee the reasonable cost of buying and laundering those articles, unless they are provided and laundered by the employer.

 

26.3      When living away from home on location a laundry/dry cleaning allowance as set out in Table 2 of Appendix B will be provided unless agreement is reached between the employer and the employee that the employer will arrange for the laundering of the employee's clothes in lieu of payment of that allowance.

 

26.4      The employer will reimburse employees for the cost of buying and laundering all protective clothing required in the performance of their duties unless that clothing is provided and laundered by the employer.

 

27.  Reimbursement for Facilities

 

Employees will be reimbursed the reasonable cost of obtaining access to proper and sufficient washing and sanitary conveniences, and, except when working on location and living-away-from-home, lockers for the safe storage of clothing and personal effects. This reimbursement will not be payable if the employer provides such facilities.

 

PART 6

 

LEAVE PROVISIONS

 

28.  Annual Leave

 

Refer generally to the Annual Holidays Act 1944

 

28.1      Each employee on the completion of a twelve months qualifying period, which period will for the purposes of this clause be twelve months service with the same employer less the period of annual leave, will be entitled to four weeks annual leave plus 17-1/2% loading calculated on gross agreed remuneration.

 

28.2      Except as provided for in subclause 28.7, where the employment of an employee is terminated in any twelve months qualifying period then such employee will be paid one-twelfth of his/her gross agreed remuneration for the period so worked as pro rata annual leave.

 

28.3      Unless otherwise agreed between the employer and the employee, the employer will give each employee at least one calendar month's notice of the date from which annual leave will be taken.

28.4      Annual leave will be given and taken in 4 consecutive weeks or in lesser periods if the employer and employee so agree, none of which will be less than one week's duration.

 

28.5      Where any public holiday for which the employee is entitled to payment under this Agreement occurs during the period of annual leave of any employee under this clause, the period of annual leave will be increased by one day in respect of each such holiday.

 

28.6      An employee once sent on annual leave will not be recalled for duty before two-thirds of the period of his/her leave has expired.

 

28.7      When an employer closes down production or a section thereof for the purpose of allowing annual leave to all or the bulk of the employees engaged in production or a section or sections concerned the following provisions will apply:

 

28.7.1               The employer, by giving not less than one month's notice of his/her intention so to do, may stand down for the duration of the close down all employees concerned and allow to those employees who are not then entitled to four weeks leave pursuant to subclause 28.1 hereof, paid leave on a proportionate basis at the rate of 3.08 hours for each five ordinary working days worked.

 

28.7.2               An employee who has qualified for four full weeks annual leave pursuant to subclause 28.1 hereof and who has also completed a further week or more of continuous service will be allowed his/her annual leave in accordance with subclause 28.1 hereof and will also be paid on a proportionate basis at the weekly base rate of 3.08 hours for each five ordinary working days worked since the close of his/her last twelve months qualifying period.

 

28.7.3               The next twelve months qualifying period for each employee affected by such close down will commence from the day on which the production or section or sections covered is reopened for work. Provided that all time during which an employee is stood down without pay for the purposes of this subclause will be deemed to be time of service in the next twelve months qualifying period.

 

28.7.4               If in the first year of his/her service with an employer an employee is allowed proportionate annual leave under paragraph 28.7.1 hereof and subsequently within such year lawfully leaves his/her employment or his/her employment is terminated by the employer through no fault of the employee he/she will be entitled to the benefit of paragraph 28.7.1 hereof subject to adjustment for any proportionate leave which he/she may have been allowed as aforesaid.

 

28.8      An employer may close down his plant, or a section or sections thereof, for one or two separate periods for the purpose of granting annual leave in accordance with this subclause. Provided that where the majority of employees concerned agree, an employer may close down the plant or a section or sections, in one, two or three separate periods for the purpose of granting annual leave in accordance with this subclause. In such cases, the employer will advise the employees concerned of the proposed dates of each close down before asking them for their agreement.

 

29.  Sick Leave

 

29.1      An employee who is absent from work on account of any personal sickness or on account of any accident arising out of and in the course of his/her employment will be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

 

29.1.1               For each completed month of employment; sick leave will accrue to the employee at the rate of one day for each month;

 

29.1.2               The employee will not be entitled to paid sick leave for any period of absence in respect of which he/she is paid workers compensation;

 

29.1.3               The employee will, within 24 hours of the commencement of such sick leave absence, inform the employer of his/her inability to report for duty, and as far as practicable, state the nature of the injury or illness from which he/ she is suffering and the estimated period of his/her absence.

 

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

 

29.3      Sick leave on the basis set out in paragraph 29.1.1 will accumulate from year to year, so that any balance of the period specified in that paragraph which has, in any year, not been taken by the employee as paid sick leave, may be claimed by such employee as paid sick leave, 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 accumulates pursuant to this subclause will be available to the employee only for a period of three years from the end of the year in which it accrued.

 

29.4      An employee suffering any injury, as a result of an accident arising out of and/or in the course of his/her employment (not being any injury in respect of which he/she is entitled to workers compensation) necessitating attendance during working hours on a doctor, dentist, chemist or trained nurse, or at a hospital, will not suffer any deduction from his/her pay for the time (not exceeding four hours) as occupied on the day of the accident, or on any day subsequent thereto, during which he/she may make such visits or be hospitalised and will be reimbursed by the employer for all expenses reasonably incurred as a result of such attendances.

 

30.  Public Holidays

 

30.1      Subject to the provisions of this clause, employees will be entitled to public holidays as set out in this clause without loss of pay.

 

30.2      An employee required to work on any of the public holidays provided for in this clause will be paid at the rate of double time and one half for all work performed on that day, subject to the payment of any overtime as set out at paragraph 20.4.3, and to clauses 19.1 and 22 of this Agreement, with a minimum as for four hours.

 

30.3      The following will be public holidays for the purposes of this Agreement:

 

New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and

 

The following days, as prescribed in the relevant States, Territories or localities: Australia Day, Anzac Day, Queen’s Birthday, and Eight Hour Day, May Day or Labour Day; and

 

In New South Wales, the first Monday in August

 

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

 

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

 

30.6      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.

 

30.7      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 agreement.

 

30.8      An employer, with the agreement of MEAA or other employee representative, may substitute another day for any prescribed in this clause.

 

30.9      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.

 

30.10    An agreement pursuant to sub-clause 30.9 will be recorded in writing and be available to every affected employee.

 

30.11    MEAA or other employee representative will be informed of an agreement pursuant to sub-clause 30.9 and may, within seven days, refuse to accept it. MEAA or other employee representative will not unreasonably refuse to accept the agreement.

 

30.12    If MEAA or other employee representative, pursuant to sub-clause 30.11 refuses to accept an agreement, the parties will seek to resolve their differences.

 

30.13    If no resolution is achieved pursuant to sub-clause 30.12 the employer may apply to the Commission for approval of the agreement reached with their employees. After giving the employer and MEAA or other employee representative an opportunity to be heard, the Commission will determine the application.

 

31.  Parental Leave

 

See the Industrial Relations Act 1996

 

32.  Personal/Carer's Leave

 

(a)        Use of Sick Leave -

 

(i)         An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (2) of paragraph (iii) 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 12, 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.

 

(ii)        The employees shall, if required, establish 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.

 

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

 

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

 

(2)        the person concerned being:

 

(A)       a spouse of the employee; or

 

(B)       a defacto 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 domestic basis although not legally married to that person; or

 

(C)       a child or an adult child (including an adopted child, a 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 the 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 paragraph:

 

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

 

"affinity" means - a relationship that one spouse, because of marriage, has to blood relatives of the other; and "household" means a family group living in the same domestic dwelling.

 

(iv)       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 their 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.

 

(b)        Unpaid Leave for Family Purpose -

 

(i)         An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in subparagraph (2) of paragraph (iii) of subclause (a) of this clause who is ill.

 

(c)        Annual Leave -

 

(i)         An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1994, 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.

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

 

(iii)       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.

 

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

 

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

 

(ii)        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.

 

(iii)       If, having elected to take time as leave in accordance with paragraph (i) 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.

 

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

 

(e)        Make-up Time -

 

(i)         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.

 

(ii)        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.

 

33.  Compassionate Leave

 

(i)         An employee, other than a casual employee, shall be entitled to a maximum of three days compassionate leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person within Australian as prescribed in subclause (iii) of this clause.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will provide to the satisfaction of the employer proof of death.

 

(iii)       Compassionate leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (2) of paragraph (iii) of subclause (a) of clause 32, Personal/Carer’s Leave, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to compassionate leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Compassionate leave may be taken in conjunction with other leave available under subclauses (b), (c), (d), and (e) of the said clause 32.  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

PART 9

 

AWARD COMPLIANCE, DISPUTE RESOLUTION AND CONSULTATION

 

34.  Access to Award

 

See section 361 of the Industrial Relations Act 1996

 

35.  Dispute Settlement Procedure

 

35.1      The parties to this Agreement are committed to promoting good industrial relations based upon goodwill, consultation and discussion.

 

35.2      Stages 1 to 5 of this procedure will be observed by the union and the employer/parties to resolve any grievance, claim or dispute, except a safety dispute, which arises at the workplace in respect of a local matter, the resolution of which is not likely to have a repercussive impact at any other location in the industry.

 

35.3      Stages 4 and 5 of this procedure will be observed by union and the employer/parties to resolve any grievance, claim or dispute other than a grievance, claim or dispute referred to in sub-clause 35.2 or a safety dispute.

 

35.4      During the progress of discussions pursuant to Stages 1 to 5 of this procedure, no stoppage of work or any other form of limitation of work including any bans or limitation on the working of overtime will be applied.

 

35.5      Subject to subclause 35.3, nothing contained herein will preclude the employer and/or employer organisation and the union or other employee representative from entering into direct negotiations on any matter. Procedure:

 

Stage 1            The grievance, claim or dispute will be discussed between the employee(s)concerned and his/her/their immediate supervisor(s). A union or other employee representative may be requested to join the discussion.

 

Stage 2            If not resolved, the grievance, claim or dispute will be discussed between an authorised union or other employee representative and the employer or nominee.

 

Stage 3            If agreement has not been reached the grievance, claim or dispute will be discussed between an accredited union or other employee representative and the employer or nominee.

 

Stage 4            If the grievance, claim or dispute is still not resolved it will be discussed between the union or other employee representative and the employer or nominee.

 

Stage 5            If the matter remains unresolved, then, without prejudice to the right of any party, including those under the Industrial Relations Act 1996, the matter may be referred to the Industrial Relation Commission for determination.

 

36.  Employee Consultation

 

Employees will be entitled during working hours to meet union or other representatives for discussion of any matters reasonably associated with the provisions of the award. Such meetings will be arranged in order to minimise disruption to work, i.e. during meal breaks, etc. The employer will be advised in advance of any meeting held under this clause and provided advice has been given, will not unreasonably prevent union or other employee representatives meeting with employees in accordance with this clause.

 

37.  Anti-Discrimination

 

37.1      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.

 

37.2      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.

 

37.3      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.

 

37.4      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.

 

37.5      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."

 

38.  Index of Facilitative Provisions

 

The following clauses or sub-clauses of this Award enable the employer and employee to reach agreement on flexibility in relation to Award entitlements:

 

 

APPENDIX A

 

TRANSITIONAL AND TRANSLATION ARRANGEMENTS

 

 

*The distinction between the Director at Level 9 and at Level 10 is to be determined having regard to the differences between (level 10) features and mini-series (6 episodes or less), and (level 9) series and serials, considering such matters as the Director’s script rights, principal casting rights, fine cut rights and mix rights

 

APPENDIX B

 

RATES OF PAY AND ALLOWANCES

 

Table 1 - Rates of Pay

 

Effective from the first pay period after 6 May 2005.

 

 

Effective from the first pay period after 6 November 2005

 

 

Table 2 - Allowances

 

 

 

 

W. R. HAYLEN  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.