2025 WAIRC 00581
Live Performers Award (WA)

1B. - MINIMUM ADULT AWARD WAGE

(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2) The minimum adult award wage for full-time employees aged 21 or more working under an award that provides for a 38-hour week is $953.00 per week.

The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38-hour week is calculated as follows: divide $953.00 by 38 and multiply by the number of ordinary hours prescribed for a full-time employee under the award.

The minimum adult award wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.

(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.

(4) Unless otherwise provided in this clause adults aged 21 or more employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by results, shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8) Subject to this clause the minimum adult award wage shall –

(a) Apply to all work in ordinary hours.

(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(9) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2025 State Wage order. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for a 38-hour week is $791.30 per week.

(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38-hour week is calculated as follows: divide $791.30 by 38 and multiply by the number of ordinary hours prescribed for a full-time apprentice under the award.

(c) The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.

(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.

(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.

(f) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.




15. - RATES OF PAY

(1) The minimum wages prescribed in this clause are payable on and from the commencement of the first pay period on or after 1 January 2025.

(2)
Full-time Weekly Employee (age sixteen and over)
TOTAL






(a)
(i)
Speciality Artiste:




Solo
1164.30



Duo (each)
1122.90



Trio (each)
1104.70



Quartet or an act of more than four artists (each)
1083.60







(ii)
Variety Artist
1122.90







(iii)
Vocalist
1104.70







(iv)
Actor
1054.20







(v)
Ballet or Chorus
1028.50







(vi)
Model
1028.50






(b)

Skaters:



(i)
Solo, Duo or Speciality Artist
1054.20







(ii)
Employee engaged only in a skating ensemble
1028.50






(c)

Aquatic Artists:



(i)
Other than member of an aquatic ensemble
1054.20







(ii)
Aquatic ensemble - employee engaged therein only
1028.50






(d)
(i)
Supernumeraries
980.70







(ii)
Supernumeraries on tour shall be paid the ballet or chorus rate of pay together with the touring allowance as hereinafter specified.


(e) A walking understudy and/or supernumerary understudying one of the other roles in a theatrical production and any other employees speaking not more than 80 words in the production shall be paid as follows:

16 years of age and over
$


- not on tour - at the rate per week of
1028.50


- on tour, plus the touring allowance as hereinafter specified
1054.20



(f) A member of the chorus or ballet or skating ensemble or a model speaking not less than seven lines containing in the aggregate not less than 30 words, or singing and/or dancing solo not less than 24 bars of music, shall be paid an additional sum of 1% of the minimum weekly award rate for an extra per performance.

(g) An employee who as part of the employee's duties is required by the employer to act as a stage manager or an assistant stage manager shall be paid in addition to the applicable weekly rate hereinbefore specified 12% or 6% respectively of the minimum weekly award rate for an Actor per week.

(h) A member of the ballet or chorus or skating or aquatic ensemble who acts as deputy ballet or chorus or skating or aquatic ensemble director or who, under instruction and supervision of the producer or stage manager and/or employer, supervises the number of acts to be performed by the skating or aquatic ensemble as the case may be, during a performance or rehearsal shall be paid not less than 6% of the minimum weekly award rate for an Actor per week, in addition to the per week rate.

(i) If an employee is required by the employer to act as understudy the employee shall be paid an additional amount per week for each part understudied, being a percentage of the weekly rate of pay for an Actor as specified in clause 15(2)(a)(iv) as follows:



% of Actor Weekly rate
(i)
Star Role
8%
(ii)
Leading Role
6%
(iii)
Actor
3%
(iv)
Supporting Role
2.25%

(j) If an employee is required to perform in a role which the employee is acting as understudy the employee shall be paid an additional amount per performance, being a percentage of the weekly rate of pay for an Actor as specified in clause 15(2)(a)(iv) as follows:



% of Actor Weekly rate
(i)
Star Role
15%
(ii)
Leading Role
10.5%
(iii)
Actor
7.5%
(iv)
Supporting Role
4.5%

Provided that: aggregate of payments to swing performers may not exceed contracted salaries paid to the employees whose part is understudied either on a pro-rata or weekly basis. The additional payments prescribed in this paragraph and in the preceding paragraph shall not apply in the case of ensemble companies.

(k) An employee who agrees to pose as a nude or semi-nude shall be paid not less than an additional 2.5% of the minimum weekly award rate for an Actor per performance.

(l) An employee who is required to perform work as a driver or as a person in charge whilst on tour shall be paid not less than 7.5 % of the minimum weekly award rate for an Actor per week in addition to the per week rate.

(m) A performer not taking part in a production for which the performer is required to record a voice over tape shall be paid a once off fee at least equal to 50% of the weekly award rate for an Actor as prescribed in subparagraph (iv) of paragraph (a) of this subclause for each hour or part thereof taken in the process of recording. Such fee shall apply to the use of the recording during the initial run of the production in the theatre in which it is being played or in the case of Theatre-in-Education for its initial tour or schools or other venues. Any change in venue or extension of the run of the production including any tour will require a further once off fee at least equal to the initial fee paid to such performer.

(n) The following rates apply to performers who are under 16 years of age for a maximum of four performances per week:



Percentage of the applicable adult weekly rate



(i)
Fourteen years of age and under





Not on tour
45%




On tour to be paid the applicable adult rate




(ii)
Fifteen years of age





Not on tour
55%




On tour to be paid the applicable adult rate


(3) Rehearsals

Prior to commencement of performances:

(a) An employee who attends rehearsals only at the direction of an employer for a future production and who is not at that time employed in any current production on a weekly basis by that employer shall, for the period between the first date upon which such person is directed to attend for rehearsal and the commencement of the production, be paid the appropriate rate laid down in paragraph (a) of subclause (2) of this clause.

(b) If any employee is engaged for employment and is directed to rehearse in another town or towns or city or cities other than that in which the employee was engaged the employee shall be paid the applicable weekly wage and in addition shall be paid the touring allowance specified in Clause 20. - Travelling of this award.

(c) Rehearsals shall be regarded as continuous from the day of the first call to the day of the opening performance inclusive.

(4) Casual Employees

(a) Performance

(i) Casual employees (other than variety artists) who are aged sixteen years or over shall be paid the higher of:

· one-fifth plus 15% thereof of the appropriate per week adult rate as set out in subclause (2) of this clause for each performance; or
· the appropriate per hour adult rate plus 25% for actual hours worked.

The maximum length of any such performances shall be three hours (exclusive of any making up or taking off), provided that any performance of longer duration shall be paid at the rate specified subclause 12(2)(a) of Clause 12. - Overtime of this award.

(ii) An employee aged sixteen years or over engaged as a vocalist, variety artist or as an “act” shall be paid the higher of:

· one-fifth plus 15% thereof of the appropriate per week adult rate as set out in subclause (2) of this clause for each performance; or
· the appropriate per hour adult rate plus 25% for actual hours worked.

The maximum length of any such performances (exclusive of making up or taking off) shall be three hours, provided that any performance of longer duration shall be paid at the rate specified in subclause 12(2)(a) of Clause 12. - Overtime of this award.

(iii) Casual employees aged fourteen years and under and those aged fifteen years shall be paid 45% and 55% respectively of the rates set out in subparagraphs (i) and (ii) above.

(b) Rehearsals

(i) An employee aged sixteen years or over who is required to rehearse by the employer shall be paid the ordinary hourly rate of a Supernumerary engaged by the week as specified in clause 15(2)(d)(i) plus 25% loading for all time worked, provided that a minimum of one hour is to be paid.

(ii) Any rehearsals required of employees aged fourteen years and under or those aged fifteen years shall be paid for at 45% and 55% respectively of the above rates.

(c) Casual supernumeraries shall be paid a 25% loading on the ordinary hourly rate of pay with a minimum call for performances of three hours and for rehearsals of two hours.

(d) For all other work, a casual employee will be paid the applicable ordinary hourly rate for their classification in clause 15(2) plus a 25% casual loading.

(5) If an engagement which has been made is cancelled by the employer at a time which is less than ten days prior to the date of the performance/rehearsal for which the employee was engaged, the employee shall receive payment in full. If an open-air performance/rehearsal is postponed because of rain the employee shall receive half the fee if such employee is re-engaged for a subsequent presentation not later than three weeks after the date of the postponement otherwise the employee shall receive full payment. Where an open-air performance/rehearsal is abandoned because of rain the employee shall be paid in full.

(6) Provision of Meals

(a) If an employee is required by an employer to appear in any place where meals and/or light refreshments are served to the public the employer shall provide at the employer's expense, a meal for that employee if the total spread of employee's work is over a period of more than four hours from beginning to end.

Such meal shall be of the type and quality supplied to the public at the employer’s establishment. Should the employer fail to provide the employee with such meal the employer shall pay the employee a sum equivalent to 3% of the minimum weekly award rate for an Actor in lieu thereof.

(b) When an employee takes part in addition to the ordinary evening performance, in an intermediate performance commencing at between 5.00pm and 6.15pm, the employer shall provide a satisfactory meal to such employee or pay to such employee a meal allowance equivalent to 3% of the minimum weekly award rate for an Actor for their evening meal, and shall also provide tea and coffee or the ingredients and facilities to make and serve same.