ACTORS (THEATRICAL) (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 2066 of 2005)

 

 

VARIATION

 

1.          Delete paragraphs 16.2.1 and 16.2.2 of clause 16, Classifications and Wage Rates, of the award published 2 November 2001 (329 I.G. 37), and insert in lieu thereof the following:

 

16.2.1               Engaged by the week (age 16 and over)

 

 

16.2.2(a)          Supernumeraries engaged by the week shall be paid a minimum hourly rate of $18.05 and a minimum weekly rate of $311.74.

 

16.2.2(b)          Supernumeraries on tour shall be paid the Category 1 Performer Grade 1 rate of pay together with the touring allowance as hereinafter specified.

 

16.2.2(c)          An employee who as part of his or her duties is required by the employer to act, as an assistant stage manager shall be paid in addition to the applicable weekly rate hereinbefore-specified $29.29.

 

16.2.2(d)          A member of the ensemble of performers who acts as dance captain or who under the direction of the employer or the employer’s representative supervises the work of the ensemble of performers shall be paid not less than $29.29.

 

16.2.2(e)          An employee is required by the employer to act as understudy, the employee shall be paid an additional amount for each plot as follows:

 

 

Where an employee is engaged to understudy a plot which comprises more than one role, the employee shall receive one weekly loading only for understudying all or part of that plot - that being the highest loading applicable for the role or roles.

 

16.2.2(f)           If an employee is required to perform in a plot in which he or she is acting as understudy the employee shall be paid an additional amount per performance as follows:

 

 

Where an employee is engaged to perform a plot which comprises more than one role, the employee shall receive one performance loading only for performing all or part of that plot - that being the highest loading applicable for the role or roles performed provided that:

 

where a swing performer is understudying a supporting or minor supporting role aggregate payments to the swing performer may not exceed the negotiated rate of pay paid to the employee whose part is being understudied.

 

(i) For the purposes of 16.2.2(e) and 16.2.2(f) a "plot" is a role or roles for which an employee is principally engaged. The principal engagement does not include roles for which the employee may be engaged to understudy. The plot for which the artist is engaged may comprise one or more roles as per the above definitions, and may comprise both supporting and minor supporting roles.

 

(ii) The additional payments prescribed in 16.2.2(e) and 16.2.2(f) above shall not apply in the case of ensemble companies where the performers are engaged on fixed term contracts to perform in a number of different productions.

 

16.2.2(g)          An employee who is required to perform work as driver or a person in charge whilst on tour shall be paid not less than $39.25.

 

2.          Delete subclauses 16.3, 16.4 and 16.7 of the said clause 16, and insert in lieu thereof the following:

 

16.3      Payment in lieu of meals during travel

 

An employer shall pay an employee $18.11 for each meal period which occurs during a journey provided that such allowance is not payable where the employer provides meals during the journey.

 

16.4      Travel to and from airports

 

An employee required to travel to or from an airport shall be reimbursed the cost of such transport up to a maximum of $32.83 for any single trip provided that such reimbursement is not payable where the employer provides such transport.

 

16.7      Use of private transport on official duties

 

Where an employee agrees at the request of the employer to use his or her own motor vehicle or motor cycle for purposes other than travelling between cities and towns, the employee shall be paid an allowance of 78 cents per kilometre.

 

3.          Delete paragraph 16.13.2 of the said clause 16, and insert in lieu thereof the following:

 

16.13.2             Rehearsals

 

(a)        An employee aged sixteen years or over who is required to rehearse by the employer shall be paid $26.42 for one hour (minimum) and over one hour at the rate set out in subclause 16.13.2(b) per half hour or part thereof.

 

(b)       Provided however that if the employee desires to leave the rehearsal, before the completion of one hour's rehearsal payment shall be at the rate of $13.21 per half hour or part thereof for the time actually worked:

 

4.          Delete paragraph 16.13.3 of the said clause 16, and insert in lieu thereof the following:

 

16.13.3             Casual supernumeraries

 

Casual supernumeraries shall be paid $18.95 per hour with a minimum call for performance of three hours and for rehearsals of two hours:

 

5.          Delete subclause 16.15 of the said clause 16, and insert in lieu thereof the following:

 

16.15    State Wage Cases

 

The rates of pay in this award include the adjustments payable under the State Wage Case of 2004. These adjustments may be off set against:

 

(i)         any equivalent overaward payments; and/or

 

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

 

6.          Delete subclause 22.6, of clause 22, Breaks, Meal Intervals and Allowances, and insert in lieu thereof the following:

 

22.6      If there is a break of less than two hours between the conclusion of one performance and the beginning of the next performance the employer shall provide an employee with a satisfactory meal. Alternatively, the employer may pay to the employee an amount of $18.11 in lieu of the said meal.

 

7.          Delete paragraph 30.3.2, of clause 30, Travelling, and insert in lieu thereof the following:

 

30.3.2               Periods of one week or less

 

Where the period involved is one week or less an allowance of $116.20 per night shall be payable as from 10 January 2005, and $127.25 per night shall be payable as from 10 January 2006, provided that such allowance will not be payable where the employer provides suitable accommodation.

 

8.          Delete the words "$327.00 per week or 65.40 per night up to a maximum of the weekly allowance" appearing in subclause 30.3.3, of the said clause 30, and insert in lieu thereof the following:

 

$405.90 per week or $81.20 per night up to a maximum of the weekly allowance as from 10 January 2005, and $445.30 per week or $89.05 per night, up to a maximum of the weekly allowance as from 10 January 2006.

 

9.          Delete section 30.3.3(1)(b), of the said clause 30, and insert in lieu thereof the following:

 

30.3.3(1)(b) If the employer elects not to provide accommodation and the employee elects to accept reimbursement of the expense of such accommodation up to the maximum limits as follows:

 

 

10.        Delete paragraph 30.5.1, of the said clause 30, and insert in lieu thereof the following:

 

30.5.1   In lieu of the provisions of 30.3.3 an employee may elect to take a cash allowance of $405.90 per week or $81.20 per night up to a maximum of the weekly cash allowance as from 10 January 2005, and $445.30 per week or $89.05 per night up to a maximum of the weekly cash allowance as from 10 January 2006.

 

11.        Delete subclauses 30.8 and 30.9, of the said clause 30, and insert in lieu thereof the following:

 

30.8      Meals

 

An employee required to travel shall be paid an allowance of $38.32 per day to a maximum of $191.60 per week except for localities north of 26 degrees south latitude in Western Australia, where the rate shall be prescribed by the Public Service Miscellaneous Allowances Award for the locality concerned. Provided that such allowances shall not be paid where the employer provides meals of a satisfactory nature.

 

30.9   Incidentals Allowance

 

An employee required to travel shall be paid an allowance for incidentals of $11.74 per day to a maximum of $58.70 per week except for localities north of 26 degrees south latitude in Western Australia, where the rate shall be prescribed by the Public Service Miscellaneous Allowances Award for the locality concerned.

 

12.        Delete subparagraph 30.11.2(a), of the said clause 30, and insert in lieu thereof the following:

 

30.11.2(a)        The employer shall provide for any casual employee who is obliged to remain and lodge overnight at any place other than his or her usual place of abode, the current daily travelling allowance rate plus $18.11 for each meal provided that such allowances will not be payable where the employer provides reasonable accommodation and meals at a hotel/motel or boarding house.

 

13.        This variation shall take effect from the beginning of the first pay period to commence on or after 13 July 2005.

 

 

 

P. J. CONNOR, Commissioner.

 

 

 

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Printed by the authority of the Industrial Registrar.