Commission's Own Motion -v- (Not applicable)
Document Type: Order
Matter Number: APPL 42/2018
Matter Description: Application to vary the Theatrical Employees (Perth Theatre Trust) Award No. 9 of 1983 to ensure that payment of wages for hours in excess of 38 per week complies with statutory minimum requirements
Industry: Theatrical
Jurisdiction: Single Commissioner
Member/Magistrate name: Chief Commissioner P E Scott
Delivery Date: 13 Sep 2019
Result: Award varied
Citation: 2019 WAIRC 00708
WAIG Reference: 99 WAIG 1444
APPLICATION TO VARY THE THEATRICAL EMPLOYEES (PERTH THEATRE TRUST) AWARD NO. 9 OF 1983 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, 13 SEPTEMBER 2019
FILE NO/S APPL 42 OF 2018
CITATION NO. 2019 WAIRC 00708
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, and later Ms C Pickering on behalf of the Minister for Industrial Relations, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, and by consent, hereby orders -
THAT the Theatrical Employees (Perth Theatre Trust) Award No. 9 of 1983 be varied in accordance with the following Schedule and that such variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after the Friday, 13 September 2019.
CHIEF COMMISSIONER P E SCOTT
SCHEDULE
Clause 5 – Rates of Pay: Delete this clause and insert the following in lieu thereof:
5. – 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.
The minimum weekly award rate of pay to be paid to an employee shall be as follows -
MINIMUM RATE
SUPPLE-MENTARY PAYMENT
ASNA
TOTAL MINIMUM AWARD RATE
$
$
$
$
(1)
Stage Management Section
(a)
Technical Stage Manager
500.40
8.00
441.60
950.00
(b)
Stage Manager
472.40
8.00
440.80
921.20
(c)
Assistant Stage Manager
390.00
8.00
427.70
825.70
(2)
Mechanical Department
(a)
Workshop
(i)
Head carpenter
460.40
8.00
439.40
907.80
(ii)
Carpenter
406.30
8.00
429.10
843.40
(iii)
Carpenter's assistant
357.50
8.00
425.00
790.50
(b)
Stage
(i)
Head mechanist/head road manager
460.40
8.00
439.40
907.80
(ii)
Mechanist/head flyman/road manager
406.30
8.00
429.10
843.40
(iii)
Stage hand/flyman
357.50
8.00
425.00
790.50
Loading for stage hands in charge of side/revolve truck: 8 per cent.
(3)
Electrical/Lighting Department
(a)
Head electrician
460.40
8.00
439.40
907.80
(b)
Electrician/main switchboard operator
406.30
8.00
429.10
843.40
(c)
Electrical hand
357.50
8.00
425.00
790.50
Loading for electrical hand who is required to operate spots/auxiliary switchboard/visual effects: 8 per cent.
(4)
Audio Department
(a)
Head audio technician
460.40
8.00
439.40
907.80
(b)
Audio operator
406.30
8.00
429.10
843.40
(c)
Audio hand
357.50
8.00
425.00
790.50
N.B. Where there is no separate audio department the audio operator/hand shall be classified under (3) Electrical/Lighting Department.
(5)
Wardrobe Section
(a)
Workshop
(i)
Head of wardrobe
460.40
8.00
439.40
907.80
(ii)
Cutter/tailor/ wigmaker/milliner
406.30
8.00
429.10
843.40
(iii)
Seamstress/maintenance hand/buyer/costume jeweller
357.50
8.00
425.00
790.50
(b)
Stage
(i)
Head of department
460.40
8.00
439.40
907.80
(ii)
Wardrobe hand/dresser/valet
406.30
8.00
429.10
843.40
(6)
Property Department
(a)
Workshop
(i)
Property master/mistress
460.40
8.00
439.40
907.80
(ii)
Property maker
406.30
8.00
429.10
843.40
(iii)
Property hand
357.50
8.00
425.00
790.50
(b)
Stage
(i)
Property master/mistress
460.40
8.00
439.40
907.80
(ii)
Property hand
357.50
8.00
425.00
790.50
(7)
Art Department
(a)
Scenic Artist
460.40
8.00
439.40
907.80
(b)
Assistant scenic artist
406.30
8.00
429.10
843.40
(c)
Artist's labourer
357.50
8.00
425.00
790.50
(8)
Services
(a)
Receptionist/telephonist (enquiry clerk)
348.30
8.00
430.10
786.40
(b)
Firefighter
786.40
(c)
Utility person
349.40
8.00
429.00
786.40
(d)
Stage Door Keeper
786.40
(9)
Cleaners
(a)
Head cleaner
371.50
8.00
426.20
805.70
(b)
Cleaner
364.10
8.00
425.40
797.50
Engaged by the hour (with a minimum payment as of three and a half hours).
$
8.00 a.m. to 6.00 p.m.
23.93
6.00 p.m. to midnight
35.90
midnight to 8.00 a.m.
47.86
(10)
Skilled labour not classified elsewhere
460.40
8.00
439.40
907.80
(11)
Unskilled labour not classified elsewhere
786.40
(12)
Additional Rates
Persons employed as casuals in the following classifications shall be paid the specified hourly amounts in addition to the wage provided elsewhere:
MINIMUM RATE
SUPPLE-MENTARY PAYMENT
ASNA
TOTAL MINIMUM AWARD RATE
$
$
$
$
Main switchboard operator
1.70
Head flyman
1.52
Person in charge of side
0.70
(13)
Front of House (38 hour week)
$
$
$
$
(a)
Senior Booking Office Supervisor
498.80
8.00
443.60
950.40
(b)
Head Booking Clerk (i.e. one who supervises the staff)
467.00
8.00
440.10
915.10
(c)
Booking Clerk (including party bookings)
438.90
8.00
434.80
881.70
(d)
Ticket Seller
384.30
8.00
427.10
819.40
(e)
Programme/concession sellers/ushers/ticket takers/cloakroom attendant
348.30
8.00
430.10
786.40
Booking clerks and ticket sellers shall not be held responsible for cash shortages when they are instructed to allow another employee (including the manager of the venue) access to their cash or tickets during a selling period
(14) Subclause (15) applies whenever a State Wage Case decision is issued by the Commission, increasing adult rates of pay in State awards by a flat dollar amount.
(15) The State Wage Case increase is to be applied to adult weekly rates of pay in this award for the classifications under subclauses (1) to (12) 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.
APPLICATION TO VARY THE THEATRICAL EMPLOYEES (PERTH THEATRE TRUST) AWARD NO. 9 OF 1983 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, 13 september 2019
FILE NO/S APPL 42 OF 2018
CITATION NO. 2019 WAIRC 00708
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, and later Ms C Pickering on behalf of the Minister for Industrial Relations, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, and by consent, hereby orders -
THAT the Theatrical Employees (Perth Theatre Trust) Award No. 9 of 1983 be varied in accordance with the following Schedule and that such variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after the Friday, 13 September 2019.
Chief Commissioner P E Scott
SCHEDULE
Clause 5 – Rates of Pay: Delete this clause and insert the following in lieu thereof:
5. – 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.
The minimum weekly award rate of pay to be paid to an employee shall be as follows -
|
|
|
|
MINIMUM RATE |
SUPPLE-MENTARY PAYMENT |
ASNA |
TOTAL MINIMUM AWARD RATE |
||
|
|
|
|
$ |
$ |
$ |
$ |
||
|
(1) |
|
Stage Management Section |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(a) |
Technical Stage Manager |
500.40 |
8.00 |
441.60 |
950.00 |
||
|
|
(b) |
Stage Manager |
472.40 |
8.00 |
440.80 |
921.20 |
||
|
|
(c) |
Assistant Stage Manager |
390.00 |
8.00 |
427.70 |
825.70 |
||
|
|
|
|
|
|
|
|
||
|
(2) |
|
Mechanical Department |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(a) |
Workshop |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(i) |
Head carpenter |
460.40 |
8.00 |
439.40 |
907.80 |
||
|
|
(ii) |
Carpenter |
406.30 |
8.00 |
429.10 |
843.40 |
||
|
|
(iii) |
Carpenter's assistant |
357.50 |
8.00 |
425.00 |
790.50 |
||
|
|
|
|
|
|
|
|
||
|
|
(b) |
Stage |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(i) |
Head mechanist/head road manager |
460.40 |
8.00 |
439.40 |
907.80 |
||
|
|
(ii) |
Mechanist/head flyman/road manager |
406.30 |
8.00 |
429.10 |
843.40 |
||
|
|
(iii) |
Stage hand/flyman |
357.50 |
8.00 |
425.00 |
790.50 |
||
|
|
|
|
|
|
|
|
||
|
|
|
Loading for stage hands in charge of side/revolve truck: 8 per cent. |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
(3) |
|
Electrical/Lighting Department |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(a) |
Head electrician |
460.40 |
8.00 |
439.40 |
907.80 |
||
|
|
(b) |
Electrician/main switchboard operator |
406.30 |
8.00 |
429.10 |
843.40 |
||
|
|
(c) |
Electrical hand |
357.50 |
8.00 |
425.00 |
790.50 |
||
|
|
|
|
|
|
|
|
||
|
|
|
Loading for electrical hand who is required to operate spots/auxiliary switchboard/visual effects: 8 per cent. |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
(4) |
|
Audio Department |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(a) |
Head audio technician |
460.40 |
8.00 |
439.40 |
907.80 |
||
|
|
(b) |
Audio operator |
406.30 |
8.00 |
429.10 |
843.40 |
||
|
|
(c) |
Audio hand |
357.50 |
8.00 |
425.00 |
790.50 |
||
|
|
|
|
|
|
|
|
||
|
|
|
N.B. Where there is no separate audio department the audio operator/hand shall be classified under (3) Electrical/Lighting Department. |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
(5) |
|
Wardrobe Section |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(a) |
Workshop |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(i) |
Head of wardrobe |
460.40 |
8.00 |
439.40 |
907.80 |
||
|
|
(ii) |
Cutter/tailor/ wigmaker/milliner |
406.30 |
8.00 |
429.10 |
843.40 |
||
|
|
(iii) |
Seamstress/maintenance hand/buyer/costume jeweller |
357.50 |
8.00 |
425.00 |
790.50 |
||
|
|
|
|
|
|
|
|
||
|
|
(b) |
Stage |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(i) |
Head of department |
460.40 |
8.00 |
439.40 |
907.80 |
||
|
|
(ii) |
Wardrobe hand/dresser/valet |
406.30 |
8.00 |
429.10 |
843.40 |
||
|
|
|
|
|
|
|
|
||
|
(6) |
|
Property Department |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(a) |
Workshop |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(i) |
Property master/mistress |
460.40 |
8.00 |
439.40 |
907.80 |
||
|
|
(ii) |
Property maker |
406.30 |
8.00 |
429.10 |
843.40 |
||
|
|
(iii) |
Property hand |
357.50 |
8.00 |
425.00 |
790.50 |
||
|
|
|
|
|
|
|
|
||
|
|
(b) |
Stage |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(i) |
Property master/mistress |
460.40 |
8.00 |
439.40 |
907.80 |
||
|
|
(ii) |
Property hand |
357.50 |
8.00 |
425.00 |
790.50 |
||
|
|
|
|
|
|
|
|
||
|
(7) |
|
Art Department |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(a) |
Scenic Artist |
460.40 |
8.00 |
439.40 |
907.80 |
||
|
|
(b) |
Assistant scenic artist |
406.30 |
8.00 |
429.10 |
843.40 |
||
|
|
(c) |
Artist's labourer |
357.50 |
8.00 |
425.00 |
790.50 |
||
|
|
|
|
|
|
|
|
||
|
(8) |
|
Services |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(a) |
Receptionist/telephonist (enquiry clerk) |
348.30 |
8.00 |
430.10 |
786.40 |
||
|
|
(b) |
Firefighter |
|
|
|
786.40 |
||
|
|
(c) |
Utility person |
349.40 |
8.00 |
429.00 |
786.40 |
||
|
|
(d) |
Stage Door Keeper |
|
|
|
786.40 |
||
|
|
|
|
|
|
|
|
||
|
(9) |
|
Cleaners |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
(a) |
Head cleaner |
371.50 |
8.00 |
426.20 |
805.70 |
||
|
|
(b) |
Cleaner |
364.10 |
8.00 |
425.40 |
797.50 |
||
|
|
|
|
|
|
|
|
||
|
|
|
Engaged by the hour (with a minimum payment as of three and a half hours). |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
|
|
$ |
|
|
|
||
|
|
|
8.00 a.m. to 6.00 p.m. |
23.93 |
|
|
|
||
|
|
|
6.00 p.m. to midnight |
35.90 |
|
|
|
||
|
|
|
midnight to 8.00 a.m. |
47.86 |
|
|
|
||
|
|
|
|
|
|
|
|
||
|
(10) |
|
Skilled labour not classified elsewhere |
460.40 |
8.00 |
439.40 |
907.80 |
||
|
|
|
|
|
|
|
|
||
|
(11) |
|
Unskilled labour not classified elsewhere |
|
|
|
786.40 |
||
|
|
|
|
|
|
|
|
||
|
(12) |
|
Additional Rates |
|
|
|
|
||
|
|
|
|
|
|
|
|
||
|
|
|
Persons employed as casuals in the following classifications shall be paid the specified hourly amounts in addition to the wage provided elsewhere: |
||||||
|
|
|
|
|
|
|
|
||
|
|
|
|
MINIMUM RATE |
SUPPLE-MENTARY PAYMENT |
ASNA |
TOTAL MINIMUM AWARD RATE |
||
|
|
|
|
$ |
$ |
$ |
$ |
||
|
|
|
Main switchboard operator |
1.70 |
|
|
|
||
|
|
|
Head flyman |
1.52 |
|
|
|
||
|
|
|
Person in charge of side |
0.70 |
|
|
|
||
|
|
|
|
|
|
|
|
||
|
(13) |
|
Front of House (38 hour week) |
$ |
$ |
$ |
$ |
||
|
|
|
|
|
|
|
|
||
|
|
(a) |
Senior Booking Office Supervisor |
498.80 |
8.00 |
443.60 |
950.40 |
||
|
|
(b) |
Head Booking Clerk (i.e. one who supervises the staff) |
467.00 |
8.00 |
440.10 |
915.10 |
||
|
|
(c) |
Booking Clerk (including party bookings) |
438.90 |
8.00 |
434.80 |
881.70 |
||
|
|
(d) |
Ticket Seller |
384.30 |
8.00 |
427.10 |
819.40 |
||
|
|
(e) |
Programme/concession sellers/ushers/ticket takers/cloakroom attendant |
348.30 |
8.00 |
430.10 |
786.40 |
||
Booking clerks and ticket sellers shall not be held responsible for cash shortages when they are instructed to allow another employee (including the manager of the venue) access to their cash or tickets during a selling period
(14) Subclause (15) applies whenever a State Wage Case decision is issued by the Commission, increasing adult rates of pay in State awards by a flat dollar amount.
(15) The State Wage Case increase is to be applied to adult weekly rates of pay in this award for the classifications under subclauses (1) to (12) 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.