2019 WAIRC 00218
APPLICATION TO VARY THE PERFORMERS LIVE AWARD (WA) 1993 TO ENSURE THAT PAYMENT OF WAGES FOR HOURS IN EXCESS OF 38 PER WEEK COMPLIES WITH STATUTORY MINIMUM REQUIREMENTS
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMISSION'S OWN MOTION
APPLICANT
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM CHIEF COMMISSIONER P E SCOTT
DATE FRIDAY, 10 MAY 2019
FILE NO/S APPL 38 OF 2018
CITATION NO. 2019 WAIRC 00218

Result Award varied


Order
HAVING heard Dr T Dymond on behalf of UnionsWA, Mr K Black on behalf of Chamber of Commerce and Industry WA and Mr B Entrekin on behalf of the Minister for Commerce and Industrial Relations, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, and by consent, hereby orders -

THAT the Performers Live Award (WA) 1993 be varied in accordance with the following Schedule and that such variations shall have effect from the beginning of the first pay period commencing on or after Friday, 10 May 2019.







CHIEF COMMISSIONER P E SCOTT






SCHEDULE

Clause 7 – Rates of pay: Delete the text of this clause and insert the following in lieu thereof:

7. - RATES OF PAY

The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

(1)
Engaged by the Week (age sixteen and over)
PER WEEK
ASNA
TOTAL


$
$
$

(a) (i) Speciality Artiste:




Solo
498.60
415.20
913.80

Duo (each)
468.50
412.90
881.40

Trio (each
453.10
413.90
867.00

Quartet or an act of more than four artists (each)
437.00
412.60
849.60






(ii) Variety Artist
468.50
412.90
881.40






(iii) Vocalist
453.10
413.90
867.00






(iv) Actor or Actress
416.80
408.70
825.50






(v) Ballet or Chorus
398.80
405.60
804.40






(vi) Model
398.80
405.60
804.40






(b) Skaters:




(i) Solo, Duo or Speciality Artist
416.80
408.70
825.50






(ii) Employee engaged only in a skating ensemble
398.80
405.60
804.40






(c) Aquatic Artists:




(i) Other than member of an aquatic ensemble
416.80
408.70
825.50






(ii) Aquatic ensemble - employee engaged therein only
398.80
405.60
804.40






(d) (i) Supernumeraries engaged by the week shall be paid $19.13 per hour with a minimum payment for a week of


765.20






(ii) Supernumeraries on tour shall be paid the ballet of 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
398.80
405.60
804.40




- on tour, plus the touring allowance as hereinafter specified
416.80
408.70
825.50





(f) A member of the chorus or ballet or skating ensemble or a showperson or 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 one percent 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 twelve percent or six percent respectively of the minimum weekly award rate for an Actor or Actress 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 six percent of the minimum weekly award rate for an Actor or Actress 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 as follows:



$
(i)
Star Role
37.55
(ii)
Leading Role
25.05
(iii)
Actor/Actress
12.52
(iv)
Supporting Role
9.37

(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 as follows:



$
(i)
Star Role
62.58
(ii)
Leading Role
43.80
(iii)
Actor/Actress
31.28
(iv)
Supporting Role
18.78

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 percent of the minimum weekly award rate for an Actor or Actress 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 percent of the minimum weekly award rate for an Actor or Actress 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 fifty percent of the weekly award rate for an Actor or Actress 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) If an employee is required by the employer to perform in such a manner which leads to the employee being charged with an offence, the employer shall be responsible for all legal and other costs associated with the employee's appearance in court proceedings and any fines ordered against the employee.

(o) The following rates apply to juvenile performers 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 percent




On tour to be paid the applicable adult rate




(ii)
Over fourteen years and under sixteen years





Not on tour
55 percent




On tour to be paid the applicable adult rate


(2) 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 (1) 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 16. - 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.

(3) Engaged Casually

(a) Performance

(i) Casual employees (other than variety artists) who are aged sixteen years or over shall for each performance be paid one-sixth, plus fifteen percent thereof of the appropriate per week adult rate as set out in subclause (1) of this clause. 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 in paragraph (a) of subclause (2) 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" for each performance shall be paid one-fifth plus fifteen percent thereof of the appropriate per week adult rate as set out in subclause (1) of this clause. 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 paragraph (a) of subclause (2) of Clause 12. - Overtime of this award.

(iii) Casual employees aged fourteen years and under those aged fifteen years shall be paid 45 and 55 percent 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 rate of $21.57 for one hour (minimum) and over one hour at the rate of $10.79 per half hour or part thereof, 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 $10.79 per half hour or part thereof for the time actually worked.

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

(c) Casual supernumeraries shall be paid at $22.96 per hour with a minimum call for performances of three hours and for rehearsals of two hours.

(4) 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.

(5) Except in the case of supernumeraries all such engagements shall be made in writing and such document shall specify the date and place of the performance and the fee to be paid to the employee and shall be signed by the employer.

(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 three percent of the minimum weekly award rate for an Actor or Actress 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 three percent of the minimum weekly award rate for an Actor or Actress for his/her evening meal, and shall also provide tea and coffee or the ingredients and facilities to make and serve same.

(7) Subclauses (7) and (8) apply whenever a State Wage Case decision is issued by the Commission, increasing adult rates of pay in State awards by a flat dollar amount.

(8) The State Wage Case increase is to be applied to adult weekly rates of pay in this award in accordance with the following formula:

Step 1: Divide the flat dollar increase by 38 (and round to the nearest cent)
Step 2: Multiply the figure calculated in Step 1 by 40

Example: The Commission awards an $18.00 per week increase to adult weekly rates of pay

Step 1 = $18.00 ÷38 = $0.47
Step 2 = $0.47 x 40 = $18.80

In this example adult weekly rates of pay would be increased by $18.80 per week.