2025 WAIRC 00011
REVIEW OF PERFORMERS LIVE AWARD (WA) 1993 PURSUANT TO S 40B OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

CITATION : 2025 WAIRC 00011

CORAM
: SENIOR COMMISSIONER R COSENTINO

HEARD
:
11 OCTOBER 2024, 17 DECEMBER 2024

DELIVERED : 7 JANUARY 2025

FILE NO. : APPL 40 OF 2023

BETWEEN
:
COMMISSION'S OWN MOTION
Applicant

AND

(NOT APPLICABLE)
Respondent

CatchWords : Industrial Law (WA) – Commission’s own motion – Section 40B(1) of the Industrial Relations Act 1979 (WA) – Review of private sector award – Performers Live Award (WA) 1993 – To ensure award does not contain wages that are less than statutory minimum wages – Removal of obsolete, out of date and discriminatory provisions – Change from 40 hour week to 38 hour week – Variations to ensure award facilitates efficient organisation and performance of work balanced with fairness – Award varied
Legislation : Equal Opportunity Act 1984 (WA)
Industrial Relations Act 1979 (WA)
Industrial Relations Legislation Amendment Bill 2024 (WA)
Industrial Relations Legislation Amendment and Repeal Act 1995 (WA)
Industrial Relations Reform Act 2002 (WA)
Labour Relations Reform Act 2002 (WA)
Minimum Conditions of Employment Act 1993 (WA)
Workers Compensation and Rehabilitation Act 1981 (WA)
Workers Compensation and Injury Management Act 2023 (WA)

Fair Work Act 2009 (Cth)

Result : Award varied
REPRESENTATION:
Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations
Mr G Hansen on behalf of UnionsWA
Ms T Chappell on behalf of the Media Entertainment and Arts Alliance of Western Australia (Union of Employees)

Case(s) referred to in reasons:
Commission’s Own Motion v (Not Applicable) [2023] WAIRC 00836; (2023) 103 WAIG 1836
Reasons for Decision
1 The Commission, of its own motion, initiated this matter for variation of the Performers Live Award (WA) 1993 under s 40B of the Industrial Relations Act 1979 (WA) (IR Act). Section 40B allows the Commission to vary an award for any one or more of the following purposes:
a. to ensure that the award does not contain wages that are less than the minimum award wage as ordered by the Commission under s 50A;
b. to ensure that the award does not contain conditions of employment that are less favourable than those provided by the Minimum Conditions of Employment Act 1993 (WA) (MCE Act);
c. to ensure that the award does not contain provisions that discriminate against an employee on any ground on which discrimination in work is unlawful under the Equal Opportunity Act 1984 (WA);
d. to ensure that the award does not contain provisions that are obsolete or need updating; and
e. to ensure that the award is consistent with the facilitation of the efficient organisation and performance of work according to the needs of an industry and enterprises within it, balanced with fairness to the employees in the industry and enterprises.
2 The Award had not been varied substantively since at least 1999. Many of its provisions were outdated or obsolete. It contained provisions that were less favourable than the MCE Act. The allowances in the Award had not been updated for many years, and their value has reduced over time.
3 The Commission provided notice of its intention to vary the Award to UnionsWA, the Chamber of Commerce and Industry WA, the Australian Resources and Energy Employers Association, the Minister for Industrial Relations, the employer respondents named in the Award and the Media Entertainment and Arts Alliance of Western Australia (Union of Employees) (MEAA) as the union party to the Award.
4 The Commission then sought input from interested parties about the issues with the Award, and the appropriate drafting revisions to address them.
5 The Minister, represented by Mr Brendon Entrekin of the Private Sector Labour Relations Division of the Department of Energy, Mines, Industry Regulation and Safety, provided the Commission with thorough and comprehensive feedback and drafting suggestions.
6 The Commission is grateful to Mr Entrekin and his colleagues for their assistance.
7 Following publication of notice of proposed variations to the Award, pursuant to s 40B(2), a hearing was convened on 11 October 2024 for the purpose of affording interested persons an opportunity to be heard in relation to those proposed variations.
8 As well as some minor typographical corrections and matters of clarification, a substantive issue that arose in the proceedings was whether the rates of pay in the Award that were below the statutory minimum rate of pay should be corrected by:
a. a variation to only the rate of pay that was below the statutory minimum, by increasing it to the statutory minimum; or
b. a variation to reduce the ordinary hours of work from 40 hours per week to 38 hours per week, which would have the effect that no rate of pay would then be below the statutory minimum rate, but most rates would effectively be increased by 5%.
9 No one has objected to variations being made to ensure the Award does not contain rates of pay that are less than the statutory minimum. The Minister and the MEAA each submitted that the issue ought to be dealt with by changing the ordinary hours of work from 40 hours to 38 hours per week. No one made any contrary submissions.
10 I am satisfied that a variation to the ordinary hours of work should be made to achieve the purposes in s 40B(1)(a) and (b). Accordingly, I ordered that the Award be varied in accordance with the variations set out in the Schedule which follows these reasons.
11 In the following paragraphs, I set out briefly the rationale for the variations contained in the Schedule.
Clause 1 – Title
12 The obsolete reference to the year of the Award has been removed. The new title describes the industry covered in a more contemporary way.
Clause 2 – Arrangement
13 Like clauses have been grouped together under functional headings in a standard arrangements clause.
Clause 3 – Definitions
14 Several redundant definitions have been removed. Defined terms and words have been contemporised. New definitions for ‘Fixed period engagement’, ‘Modern Award’, ‘Negotiated performance rate’, ‘Upper salary limit figure’ and ‘Weekly employee’ have been added or moved from other clauses to the definitions clause.
15 A definition of ‘ordinary hourly rate’ has been added consistent with the change to ordinary hours discussed at [22] below and following.
Clause 4 – Area and scope
16 The primary description of the Award’s scope is unchanged.
17 The scope clause has been updated to:
a. update clause cross-referencing;
b. remove reference to the obsolete Federal system award known as the Mannequins and Models (Western Australia) Award;
c. include a simpler calculation for the high income threshold for employees who will be excluded from specific provisions;
d. reduce the exclusions for high income employees to align with the MCE Act, which makes no exceptions based on earnings; and
e. remove the distinction and possible discrimination between Australian citizens and non-Australian citizens.
Clause 5 – Terms of Engagement
18 The types of employment (full-time, part-time, and casual) are each stepped out, and a requirement to inform an employee in writing of the terms of their engagement has been included, consistent with other contemporary awards.
19 Provisions of other clauses relating to engagement have been moved to this clause, and provisions of the previous clause 5 which do not relate to terms of engagement have been rearranged.
Clause 6 – Auditions
20 This clause has been relocated from clause 18, without any substantive changes.
Clause 7– Termination
21 Provisions about termination of employment have been separated from provisions about engagement. The new clause has been updated for consistency with the National Employment Standards (NES) of the Fair Work Act 2009 (Cth) (FW Act), Division 3 of Part 6-3 which requires non-national system employers (including employers in the state industrial relations system) to provide notice of termination or payment in lieu to employees. The clause has been reworked to make it easier to follow.
Clause 8 – Hours of Work
22 Hours of work was previously dealt with in clause 9.
23 The ordinary hours of work were specified as 40 hours per week. Mr Entrekin noted that if the hours were reduced to 38 hours per week, this would:
a. be consistent with the standard of 38 ordinary hours as reflected in the MCE Act, the Live Performance Award 2020 (Modern Award) made under the FW Act, and most state awards; and
b. have the result that no rates of pay in the Award would then fall below the statutory minimum rate of pay.
24 Mindful that the Commission’s power in s 40B is limited to making variations for a purpose set out in that section, I made directions to provide any interested parties the opportunity to lead evidence and make submissions concerning the proposal to reduce the ordinary hours of work to 38 hours per week. The Minister and the MEAA were the only parties to provide submissions on this issue.
25 A 38-hour week is now a community standard. As the Minister pointed out in written submissions:
a. During the 1980s and 1990s, following the adoption of the 1983 Wage Fixing Principles ((1983) 63 WAIG 2208), the Commission began hearing applications to vary awards to reduce the standard weekly hours of work from 40 to 38, so that today, only a small number of state awards still have a 40hour week.
b. In 2002, the MCE Act was amended to provide for a 38-hour divisor when calculating the statutory minimum hourly wage applying to employees under the MCE Act.
c. The equivalent national modern award, the Live Performance Award 2020, has had a 38-hour week for many years, and has higher rates of pay for all non-training and induction positions.
26 The Minister submits that s 40B was introduced into the IR Act by the Labour Relations Reform Act 2002 (WA) to enable awards to be modernised so they reflect contemporary workplace standards. The Award needs updating under s 40B(1)(d) to remove the disadvantage that employees covered by the Award will suffer by working longer hours for a lesser rate comparted with national system employees performing the same work.
27 The Minister says that even though a reduction in the ordinary hours of work will result in an increase in the hourly rates of pay under the Award, most rates of pay will still be below the rates in the Live Performance Award 2020.
28 The MEAA similarly submits that across the Australian live performance industry, it is standard for performers to be engaged on a maximum of 38 hours per week. It provided several examples of industrial instruments applying to state professional dance and opera companies, with ordinary hours of 38-hours per week or 35-hours per week during rehearsal periods. While there are other examples of ordinary hours during performance periods being 40 hours or more, industrial instruments which allow such hours also contain rates of pay that are significantly higher than those in the Award.
29 I am satisfied that it is appropriate to amend the ordinary hours of work in the Award to:
a. ensure that the Award does not contain wages that are less than minimum award wage as ordered by the Commission under s 50A;
b. to align the Award’s provisions with contemporary community standards concerning hours of work; and
c. to ensure that the Award is consistent with the facilitation of the efficient organisation and performance of work according to the needs of the relevant industry balanced with fairness to employees.
30 Clause 9(1) previously allowed employees to work up to 48 hours in the week leading up to the first public performance. This could lead to some employees receiving less than the statutory minimum hourly rate of pay for each hour worked. The clause has been amended to expressly require ordinary hourly rates to be paid for those hours worked in excess of 38 hours.
Clause 9 – Organisation of Work
31 These provisions were previously dealt with in clause 10. Rates of pay expressed as fractions have been changed to be expressed as percentages. There are no substantive changes.
Clause 10 – Number of Performances
32 This provision was previously dealt with in clause 11. There are no substantive changes.
Clause 11 – School Tours
33 This provision was previously dealt with in clause 31. Some figures have been expressed in numerals rather than words and redundant words have been removed. There are no substantive changes.
Clause 12 – Overtime
34 Some figures have been expressed in numerals rather than words. The clause has also been updated consistent with the change of ordinary hours from 40 to 38 hours per week.
Clause 13 – Sundays and Public Holidays
35 This provision was previously dealt with in clause 15. References to ‘holiday’ have been changed to ‘public holiday’ to clearly distinguish between annual leave and public holiday provisions.
36 The provision has also been updated to mirror the MCE Act provisions concerning public holidays.
Clause 14 – Rosters
37 This clause was previously clause 26. There are no substantive changes.
Clause 15 – Rates of Pay
38 Rates of Pay were previously dealt with in clause 7.
39 References to arbitrated safety net adjustments have been removed as unnecessary.
40 Reference to the hourly rate for Supernumeraries has been removed. When the Award was made in 1993, the hourly rate was $12.09 and the minimum payment for a week was $209.60 suggesting that Supernumeraries were not expected to work full-time hours. The hourly rate at that time was higher than for all other classifications except Speciality Artiste Solo. The rate was not consistently maintained, other than to equate to the State minimum wage in 2019: [2019] WAIRC 00218; (2019) 99 WAIG 449. If all the rate does is refer to the statutory minimum, there is no longer a need for a separate hourly rate.
41 The rates in sub-clause (1)(i) and (1)(j) have been converted to a percentage based on the relative percentage of the Actor weekly rate of pay at the time the Award was made in 1993.
42 The provisions about pay for casual employees have been simplified, by providing for a 25% casual loading in all cases, consistent with the MCE Act as amended by the Industrial Relations Legislation Amendment Bill 2024 (WA) (IRLA Bill).
43 Sub-clauses (7) and (8) which provide for application of State Wage Case increases are unnecessary in light of the change of ordinary hours to 38 hours per week. These sub-clauses have been removed.
Clause 16 – Aggregate Payments
44 The previous clause 8(1) which was a savings provision has been removed as it is unlikely to have any practical operation, given the Award was made in 1993.
45 The substance of subclause (2) has been simplified.
Clause 17 – Wages – Method of Payment
46 Previous clause 13 dealt with the payment of wages. It has been updated to reflect the fact that wages are likely in most cases to be paid by electronic funds transfer. The requirement for wages to be accompanied by ‘details’ has been replaced with reference to the IR Act’s payslip requirements. Reference to the deductions that can be made from weekly wages have been replaced to align with s 17D of the MCE Act.
Clause 18 – Superannuation
47 Previous clause 34 dealt with employer superannuation obligations. Most of its provisions are now out-of-date and inconsistent with Commonwealth superannuation legislation. The clause has been renumbered and updated to mirror the provisions of the IR Act.
Clause 19 – Time and Wages Record
48 This clause replaces the previous clause 14 – Time and Wages Record. The new clause aligns record keeping requirements with the requirements of Division 2F of Part 2 of the IR Act.
Clause 20 – Travelling
49 This provision was previously dealt with in clause 16. The allowances in sub-clauses (7), (8), (9), (10) and (15) have been aligned with the equivalent allowances in the Modern Award. There are no other substantive changes.
Clause 21 – Special Attendance – Publicity
50 This clause was previously numbered clause 17. The reference in sub-clause (6) to the Actors, Etc. (Television) Award 1979 has been replaced with reference to the Modern Award. There are no other substantive changes.
Clause 22 – Wardrobe and Makeup
51 This clause was previously numbered clause 19. Some other provisions which relate to wardrobe and makeup have been relocated to this clause. There are no other substantive changes.
Clause 23 – Annual leave
52 Clause 23 deals with annual leave and replaces the previous clause 20.
53 The previous annual leave provisions were less favourable compared with the corresponding provisions of the MCE Act in several respects. For example, it assumed that annual leave accrued on a 12 monthly basis, rather than a weekly basis as provided for in the MCE Act.
54 The provisions of this clause now mirror the annual leave provisions of the MCE Act, to ensure the Award is not less favourable than the statutory entitlements currently applying.
Clause 24 – Annual Leave Loading
55 This clause was previously numbered clause 21. Like the previous annual leave clause, it assumed annual leave accrued on a 12-month anniversary. It has been updated for clarity.
Clause 25 – Personal Leave
56 Clause 24 deals with personal leave and replaces the previous clause 22 – Sick Leave – Injury Leave.
57 The previous clause was inconsistent with or less favourable than the MCE Act in several respects.
58 References to ‘sick pay’ and ‘sick leave’ have been replaced with ‘personal leave’, reflecting the provisions of the MCE Act.
59 The provisions of this clause now mirror the personal leave provisions of the MCE Act, to ensure the Award is not less favourable than the statutory entitlements currently applying.
60 Evidentiary requirements for applications for personal leave are aligned with the MCE Act.
61 Provisions about terminating the engagement of an employee who is absent due to illness or accident have been removed, as reliance on them may amount to unlawful discrimination, or result in a contravention of s 772 of the FW Act which prohibits termination on the grounds of certain temporary absences from work because of illness or injury.
62 The clause now includes reference to the entitlement to unpaid personal leave to care for or support a family or household member.
Clause 26 – Bereavement Leave
63 Clause 26 replaces the previous clause 32 – Compassionate Leave.
64 The clause has been updated to mirror the provisions of the MCE Act as amended by the IRLA Bill which is more favourable than the previous provisions. For example, the clause restricted the availability of the leave to dates up to and including the day of a funeral, and did not extend the entitlement to the death of a grandchild or member of an employee’s household. The previous wording’s use of the terms ‘mother-in-law’ and ‘father-in-law’ may potentially be discriminatory on the grounds of marital status.
Clause 27 – Parental Leave
65 Clause 27 deals with parental leave. The Award made no provision for parental leave.
The new clause refers to parental leave being provided in accordance with the FW Act and the MCE Act. State system employers and employees are subject to the provisions of Division 5 of Part 2-2 of the FW Act, as well as any more favourable provisions currently contained in the MCE Act.
Clause 28 – Family and Domestic Violence Leave
66 This is a new clause. The Award made no provision for family and domestic violence leave.
67 The clause refers to the provisions of the FW Act for paid family and domestic violence leave which apply to state system employers and employees, as well as relevant provisions of the MCE Act.
Clause 29 – Leave for Industrial Relations Proceedings
68 The previous clause 23 has been renumbered without any substantive changes.
Clause 30 – Company meetings
69 The previous clause 24 has been renumbered without any substantive changes.
Clause 31 – Posting of Award and Notices
70 Clause 31 deals with the posting of the Award and replaces the previous clause 25.
71 This clause required the employer to keep a copy of the Award posted in the theatre, hall or other place where rehearsals or performances occur. Reference to the theatre, hall or other place has been replaced with ‘the workplace’. Additionally, the clause permits a copy of the Award to be made available electronically.
Clause 32 – Access for Union Representatives
72 Provisions about access for union representatives was previously dealt with in clause 27. This clause has been replaced with provisions which refer to the IR Act’s right of entry and inspection by authorised representative provisions.
Clause 33 – Union Membership
73 Clause 33 replaces the previous clause 28 which prohibited discrimination on the grounds of union membership and freedom of association. It corrects a typographical error in clause (1) and refers to the freedom of information provisions of the IR Act.
Clause 34 – Hazardous Action and Offences
74 Clause 34(1) reproduces the previous clause 29 without any substantive changes. Clause 34(2) was previously part of the Rates of Pay clause (clause 7(1)(n)). It has been moved to clause 34 without any substantive changes.
Clause 35 – Staff Facilities
75 Clause 35 deals with staff facilities and replaces the previous clause 30. The reference to ‘separate dressing rooms for the sexes’ has been changed to ‘separate male and female’ dressing rooms. No other substantive changes have been made to the clause.
Clause 36 – First Aid Kit
76 Clause 36 requires the employer to provide and maintain a first aid kit. It replaces the previous clause 33 without any substantive change.
Clause 37 – Dispute Resolution
77 Clause 37 deals with the resolution of disputes and replaces the Appendix headed ‘Resolution of Disputes Requirement’. The introductory paragraphs which refer to previous legislation which led to the insertion of the appendix in 1996 and 1997 have been removed.
Previous clause 35 – Award Modernisation and Enterprise Agreements
78 The previous clause 35 has been removed as obsolete and unenforceable.
Previous Schedule A and Schedule B – Standard Contract of Service
79 These Schedules have been deleted. The updated Award makes no reference to these Schedules. These schedules were referred to in the previous Engagement clause, but only appeared to operate under the previous clause 5(6) as a qualification for exclusion from the notice of termination requirements that would otherwise apply, and the requirement for the employer to pay the employee’s return fare at the end of a fixed period. The former is likely contrary to s 114 of the IR Act, as discussed in Commission’s Own Motion v (Not Applicable) [2023] WAIRC 00836; (2023) 103 WAIG 1836, which concerned the Local Government Officers’ (Western Australia) Award 2021, as it allowed an employer and individual employee to contract out of award obligations. The exclusion from the obligation to pay a return fare has been retained in the new provisions for fixed term engagement employees.
Schedule A – Parties to the Award
80 Schedule C has been renamed Schedule A. Dissolved and deregistered employer names have been removed. The name of the union party has been updated.
Previous Appendix – s.49B – Inspection of Records Requirements
81 This appendix was inserted in the Award in 1996 pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995 (WA) and to comply with what was then contained in s 49B of the IR Act, which was repealed pursuant to s 145 of the Labour Relations Reform Act 2002 (WA). The information in the appendix is therefore outdated and does not reflect the current statutory provisions regarding inspection of records.
82 The appendix has been removed in its entirety.
Other Changes
83 Unnecessarily gendered language has been removed.
84 Some numbers expressed in words and fractions have been changed to be expressed in digits, and the word ‘percentage’ replaced with the symbol ‘%’.
85 References to ‘Actors Equity of Western Australia (Union of Employees)’ have been changed to the ‘Media Entertainment and Arts Alliance of Western Australia (Union of Employees)’.
86 Outdated references to Workers Compensation and Rehabilitation Act 1981, have been replaced with the correct title being the Workers Compensation and Injury Management Act 2023 (WA) which commenced from 1 July 2024.
87 Typographical issues errors have been corrected.
88 The variations are to take effect on 1 January 2025.



SCHEDULE
Current Award
Proposed variations
Performers Live Award (WA) 1993
Live Performers Award (WA)


Insert the following as a heading before clause 1 ‘Title’:

PART 1 - GENERAL

1. - TITLE

This award shall be known as the “Performers Live Award (WA) 1993”.

1. - TITLE

This award shall be known as the “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 $918.60 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 $918.60 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 2024.

(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 2024 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 $733.40 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 $733.40 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 2023.

(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.

NO VARIATIONS
2. - ARRANGEMENT

1. Title
1B. Minimum Adult Award Wage
2. Arrangement
3. Definitions
4. Area and Scope
5. Terms of Engagement
6. Reserved
7. Rates of Pay
8. Aggregate Payments
9. Hours of Work
10. Organisation of Work
11. Number of Performances
12. Overtime
13. Wages - Method of Payment
14. Time and Wages Record
15. Sunday and Public Holidays
16. Travelling
17. Special Attendance - Publicity
18. Auditions
19. Wardrobe and Make-Up
20. Annual Leave
21. Annual Leave Loading
22. Sick leave - Injury Leave
23. Leave for Industrial Relations Proceedings
24. Company Meetings
25. Posting of Award and Notices
26. Rosters
27. Access for Union Representatives
28. Union Membership
29. Hazardous Action
30. Staff Facilities
31. School Tours
32. Compassionate Leave
33. First Aid Kit
34. Superannuation
35. Award Modernisation and Enterprise Agreements

Appendix - Resolution of Disputes Requirement
Schedule A - Standard Contract Of Service For Single/Series Of Plays And/Or Productions
Schedule B - Standard Contract Of Service For Casual Performances
Schedule C - Parties to Award
Appendix - S.49B - Inspection Of Records Requirements

2. - ARRANGEMENT

PART 1 - GENERAL
1. Title
1B. Minimum Adult Award Wage
2. Arrangement
3. Definitions
4. Area and Scope

PART 2 - EMPLOYMENT RELATIONSHIP
5. Terms of Engagement
6. Auditions
7. Termination

PART 3 - HOURS OF WORK
8. Hours of Work
9. Organisation of Work
10. Number of Performances
11. School Tours
12. Overtime
13. Sunday and Public Holidays
14. Rosters

PART 4 - WAGES AND ALLOWANCES
15. Rates of Pay
16. Aggregate Payments
17. Wages - Method of Payment
18. Superannuation
19. Time and Wages Record
20. Travelling
21. Special Attendance - Publicity
22. Wardrobe and Make-Up

PART 5 - LEAVE
23. Annual Leave
24. Annual Leave Loading
25. Personal Leave
26. Bereavement Leave
27. Parental Leave
28. Family and Domestic Violence Leave
29. Leave for Industrial Relations Proceedings

PART 6 - OTHER
30. Company Meetings
31. Posting of Award and Notices
32. Access for Union Representatives
33. Union Membership
34. Hazardous Action
35. Staff Facilities
36. First Aid Kit
37. Dispute Resolution

Schedule A - Parties to Award

3. - DEFINITIONS

(1) “Actor” or “Actress” means an employee who takes part in a performance and/or is engaged to take part in rehearsal for a performance and who is required to speak by himself or herself in the aggregate more than 80 words or to sing solo more than 64 bars of music in the aggregate and/or to sing in variety performances as a member of a speciality duo and/or trio and/or quartet in the aggregate more than 64 bars of music, or to dance solo and/or in a duo more than 64 bars of music in the aggregate or to perform any speciality and who is not otherwise defined in this clause.

(2) “Aquatic speciality artist” means an employee who takes part in an aquatic performance in a swimming pool or other area of water but who is not a member of the aquatic ensemble (if any) which takes part in such performance.

(3) “Aquatic ensemble” means a group of at least four employees sometimes performing co-ordinated movement during an aquatic performance in a swimming pool or other area of water and who only perform as members of such group.

(4) “Assistant stage manager” means an employee directed by a full time stage manager to perform duties pertaining to stage management. An Assistant Stage Manager will not be required to be responsible for musical and/or lighting management.

(5) “Ballet ensemble” or “Chorus” means a dancing and/or singing group of at least four employees who take part in a performance with other employees and includes an employee who takes part in a performance and/or is engaged to take part in rehearsal for a performance of a lesser requirement than that set out in subclause (1) of this clause.

(6) “Broken week” means a week at the commencement or termination of an employee's employment in which less than the ordinary number of days work and/or performances are given.

(7) “Call” means a call or direction by the employer to the employee to attend for work at a particular time for the purpose of photography, wardrobe or other legitimate reason.

(8) “Engaged by the week” means being engaged for at least a week of employment terminable only in the manner prescribed by Clause 5. - Terms of Engagement of this award, or being engaged for employment for a period longer than a week regardless of the number of hours of rehearsal or performance worked in the week/s.

(9) “Engaged casually” means being engaged for less than a week.

(10) “Engagement” means the period during which the employee was engaged to rehearse, play and perform.

(11) “Home town” means the city or town where the employee was engaged by the employer.

(12) “Juvenile” means any person under sixteen years of age.

(13) “Model” or “Showgirl” or “Showperson” means an employee who is required to pose and/or parade and/or model costumes or clothing as part of the entertainment industry.

(14) “Negotiated rate of pay” or “Negotiated rate” means the rate of wage per week or per performance or per day or per hour paid to an employee and is exclusive of any over time or additional payments such as, but not limited to, overtime, public holiday remuneration, additional wardrobe allowance, stage manager's allowance and the appropriate on tour or travelling allowances.

(15) “On location” means performing or rehearsing at a place not normally recognised as a performing or rehearsing venue such as but not limited to streets, parks, building sites, factory floors, office areas and the like.

(16) “On tour” means being away at the direction of the employer from the home town.

(17) “Pantomime” means a production appealing primarily for children and presented during the school holiday period and shall include, in addition to the nursery stories and fairy tales hitherto presented as pantomime, such productions as “Peter Pan”, “Alice in Wonderland”, “The Wizard of Oz”, “Snow White and the Seven Dwarfs” and the like.

(18) “Performance” means a performance given by employee/s in person before an audience.

(19) “Playing” means taking part in an actual performance.

(20) “Run of the play or plays” means the period which in any city or cities, town or towns or States of Australia for which the employee’s services have been distinctly contracted for in writing, for rehearsal of, and performances in a particular production or productions and commences on the first day of the employee's rehearsal for the production/s and concludes on the last day or night of the presentation of the production/s in such city, cities, town or states of Australia for which the employee's services have been contracted in writing; and it shall include a return season or seasons in a place in which a season has already taken place if the employee’s engagement is still continuing at the date of commencement of such a return season.

(21) “Skating ensemble” means a group of at least four employees who perform on ice-skates or on roller skates as members of such a group and who do not perform any speciality or play any role in the performance.

(22) “Speciality artist” means a variety artiste who is employed in a performance and who, in addition to supplying wardrobe and any scripts and dialogue material necessary for the performance of his or her act, also is required to supply properties and gear such as, but not limited to, musical instruments, juggling equipment, acrobatic equipment, special lighting effects, rostrum, trapeze, trampoline, furniture, puppetry, athletic equipment, electronic equipment for the playing of recorded and/or live music and including microphones and/or other devices for amplification of the voice and/or music instruments, and/or gear and/or similar special properties incidental to and necessary in the employee's performance.

(23) “Speciality skater” means an employee who takes part in a performance on ice-skates or on roller skates and who is not a member of the skating ensemble (if any) which takes part in such performance.

(24) “Supernumerary” means persons appearing only incidentally or in background, or participating only in crowd or background speech or noise, and who do not perform individually as directed.

(25) “Time and a half”, “Double time”, and “Double time and a half” used in relation to pay respectively mean at the rate of one and a half, twice, and two and a half times the ordinary rate of pay of the employee calculated pro-rata for the time for which payment is to be made.

(26) “Union” means Actors Equity of Western Australia (Union of Employees).

(27) “Variety” (performance or production) means a production which contains a preponderance (in playing time) of variety or vaudeville acts and which is not concerned by a single or central theme or plot. It may or may not contain a ballet ensemble or chorus.

(28) “Variety artist” means an employee who takes part in a performance and/or rehearsal who is required to perform work during the performance and/or rehearsal such as but not limited to the playing of musical instruments, juggling, acrobatics - including trampoline and/or trapeze, specialised lighting and/or other visual effects, athletics, compering, announcing, a master of ceremonies, a disc jockey, a member of a singing and/or dancing duo, a comedian/comedienne, or any work which may occur in a Variety or Vaudeville or Music Hall style performance and/or production, or any other such work which requires a combination of performance skills not otherwise defined. Such employee may be required to perform as an actor or actress during the course of the performance.

(29) “Vocalist” means an employee engaged for the purpose of singing solo during a performance or to sing as band vocalist. A vocalist may be required to perform as an actor during the course of the performance.

(30) “Voice over” means the recording of a voice on tape or film to be replayed any number of times.

(31) “Wages” means the rate of wage per week or per performance or per day or per hour paid to an employee and is exclusive of any overtime or additional payments such as, but not limited to, overtime, public holiday remuneration, additional wardrobe allowance, stage manager's allowance and the appropriate on tour or travelling allowances.

(32) “Walking understudy” means a person who does not appear in an actual performance but who understudies one or more of the employees taking part in a performance or performances.

(33) “Weekly wage” for the purposes of Clause 11. - Number of Performances, and Clause 12. - Overtime shall mean:

(a) For a performer earning less than one third above the award minimum that performer's ordinary rate of pay shall be the weekly wage for the purposes of calculating hourly rates, overtime, Sunday and public holiday rates and any other rates of pay based on the weekly wage.

(b) For a performer earning one third or more above the award rate, hourly rates, overtime Sunday and public holiday rates and any other rates of pay based on the weekly wage shall be calculated on the award rate plus one third.

(34) Words importing the masculine gender shall be deemed to include the female gender and the singular to include the plural and vice versa unless there is something repugnant or inconsistent with such interpretation.

(35) “Star role”, “leading role”, “actor or actress”, “supporting role”, and “swing performer” for the purpose of paragraphs (i) and (j) of subclause (1) of Clause 7. - Rates of Pay of this award shall mean:

(a) “Star role”, is a role where the salary of the employee concerned exceeds four times the actor's rate prescribed in subparagraph (iv) of paragraph (a) of subclause (1) of Clause 7. - Rates of Pay of this award.

(b) “Leading role” is a role where the salary of the employee concerned exceeds double the actor's rate prescribed in subparagraph (iv) of paragraph (a) of subclause (1) of Clause 7. - Rates of Pay of this award.

(c) “Actor or actress” is a role having the requirements specified in paragraph (a) of this subclause.

(d) “Supporting role” is a role of lesser requirements than apply for an actor/actress role.

(e) “Swing performer” is an employee who is engaged solely to understudy multiple parts in a musical production.

3. - DEFINITIONS

(1) “Actor” means an employee who takes part in a performance and/or is engaged to take part in rehearsal for a performance and who is required to speak by themself in the aggregate more than 80 words or to sing solo more than 64 bars of music in the aggregate and/or to sing in variety performances as a member of a speciality duo and/or trio and/or quartet in the aggregate more than 64 bars of music, or to dance solo and/or in a duo more than 64 bars of music in the aggregate or to perform any speciality and who is not otherwise defined in this clause.

(2) “Aquatic speciality artist” means an employee who takes part in an aquatic performance in a swimming pool or other area of water but who is not a member of the aquatic ensemble (if any) which takes part in such performance.

(3) “Aquatic ensemble” means a group of at least four employees sometimes performing co-ordinated movement during an aquatic performance in a swimming pool or other area of water and who only perform as members of such group.

(4) “Assistant stage manager” means an employee directed by a full-time stage manager to perform duties pertaining to stage management. An Assistant Stage Manager will not be required to be responsible for musical and/or lighting management.

(5) “Ballet ensemble” or “Chorus” means a dancing and/or singing group of at least four employees who take part in a performance with other employees and includes an employee who takes part in a performance and/or is engaged to take part in rehearsal for a performance of a lesser requirement than that set out in subclause (1) of this clause.

(6) “Call” means a call or direction by the employer to the employee to attend for work at a particular time for the purpose of photography, wardrobe or other legitimate reason.

(7) “Fixed period engagement” means engagement for a tour, season or run of the play or plays.

(8) “Home town” means the city or town where the employee was engaged by the employer.

(9) “Leading role” is a role where the salary of the employee concerned exceeds double the actor's rate prescribed in subclause 15(2)(a)(iv) of Clause 15. - Rates of Pay of this award.

(10) “Model” means an employee who is required to pose and/or parade and/or model costumes or clothing as part of the entertainment industry but does not include:

(a) a casual employee who poses or acts as a subject for photographers and/or a person who models for a hairdresser in the process of hair styling for advertising assignments.

(b) a casual employee whose work is exhibiting clothes or other fashion articles for the purpose of attracting commercial interest.

(11) “Modern Award” means the Live Performance Award 2020 [MA 000081] made by the Fair Work Commission under the Fair Work Act 2009 (Cth).

(12) “Negotiated performance rate” means the rate of wage per performance paid to an employee and is exclusive of any overtime or additional payments such as, but not limited to, overtime, public holiday remuneration, additional wardrobe allowance, stage manager's allowance and the appropriate on tour or travelling allowances.

(13) “On location” means performing or rehearsing at a place not normally recognised as a performing or rehearsing venue such as but not limited to streets, parks, building sites, factory floors, office areas and the like.

(14) “On tour” means being away at the direction of the employer from the home town.

(15) “Ordinary hourly rate” means the applicable Total Weekly rate of pay specified in clause 15(2) divided by 38.

(16) “Pantomime” means a production appealing primarily for children and presented during the school holiday period.

(17) “Performance” means a performance given by employee/s in person before an audience.

(18) “Run of the play or plays” means the period which in any location in Australia for which the employee's services have been distinctly contracted for in writing, for rehearsal of, and performances in a particular production or productions and commences on the first day of the employee’s rehearsal for the production/s and concludes on the last day or night of the presentation of the production/s in the location in Australia for which the employee's services have been contracted in writing. It shall include a return season or seasons in a place in which a season has already taken place if the employee's engagement is still continuing at the date of commencement of such a return season.

(19) “Skating ensemble” means a group of at least four employees who perform on ice-skates or on roller skates as members of such a group and who do not perform any speciality or play any role in the performance.

(20) “Speciality artist” means a variety artiste who is employed in a performance and who, in addition to supplying wardrobe and any scripts and dialogue material necessary for the performance of their act, also is required to supply properties and gear such as, but not limited to, musical instruments, juggling equipment, acrobatic equipment, special lighting effects, rostrum, trapeze, trampoline, furniture, puppetry, athletic equipment, electronic equipment for the playing of recorded and/or live music and including microphones and/or other devices for amplification of the voice and/or music instruments, and/or gear and/or similar special properties incidental to and necessary in the employee's performance.

(21) “Speciality skater” means an employee who takes part in a performance on ice-skates or on roller skates and who is not a member of the skating ensemble (if any) which takes part in such performance.

(22) “Star role” is a role where the salary of the employee concerned exceeds four times the actor's rate prescribed in subclause 15(2)(a)(iv) of Clause 15. - Rates of Pay of this award.

(23) “Supporting role” is a role of lesser requirements than apply for an actor role.

(24) “Supernumerary” means persons appearing only incidentally or in background, or participating only in crowd or background speech or noise, and who do not perform individually as directed.

(25) “Swing performer” is an employee who is engaged solely to understudy multiple parts in a musical production.

(26) “Time and a half”, “Double time”, and “Double time and a half” used in relation to pay respectively mean at the rate of one and a half, twice, and two and a half times the ordinary rate of pay of the employee calculated pro-rata for the time for which payment is to be made.

(27) “Union” means Media Entertainment and Arts Alliance of Western Australia (Union of Employees).

(28) “Upper Salary Limit Figure” will be the equivalent of 400% of the rate prescribed in clause 15(2)(a)(iv). - Rates of Pay of this award.

(29) “Variety” (performance or production) means a production which contains a preponderance (in playing time) of circus, variety or vaudeville acts and which is not concerned by a single or central theme or plot. It may or may not contain a ballet ensemble or chorus.

(30) “Variety artist” means an employee who takes part in a performance and/or rehearsal who is required to perform work during the performance and/or rehearsal such as but not limited to the playing of musical instruments, juggling, acrobatics - including trampoline and/or trapeze, specialised lighting and/or other visual effects, athletics, compering, announcing, a master of ceremonies, a disc jockey, a member of a singing and/or dancing duo, a comedian/comedienne, or any work which may occur in a Variety or circus, or vaudeville or Music Hall style performance and/or production, or any other such work which requires a combination of performance skills not otherwise defined. Such employee may be required to perform as an actor or actress during the course of the performance.

(31) “Vocalist” means an employee engaged for the purpose of singing solo during a performance or to sing as band vocalist. A vocalist may be required to perform as an actor during the course of the performance.

(32) “Voice over” means the recording of a voice on tape or film to be replayed any number of times.

(33) “Wages” means the rate of wage per week or per performance or per day or per hour paid to an employee and is exclusive of any overtime or additional payments such as, but not limited to, overtime, public holiday remuneration, additional wardrobe allowance, stage manager's allowance and the appropriate on tour or travelling allowances.

(34) “Walking understudy” means a person who does not appear in an actual performance but who understudies one or more of the employees taking part in a performance or performances.

(35) “Weekly employee” means an employee engaged for at least a week of employment terminable only in the manner prescribed by Clause 7. - Termination of this award.

(36) “Weekly wage” for the purposes of Clause 10. - Number of Performances, and Clause 12. - Overtime shall mean:

(a) For a performer earning less than one third above the award minimum that performer's ordinary rate of pay shall be the weekly wage for the purposes of calculating hourly rates, overtime, Sunday and public holiday rates and any other rates of pay based on the weekly wage.

(b) For a performer earning one third or more above the award rate, hourly rates, overtime Sunday and public holiday rates and any other rates of pay based on the weekly wage shall be calculated on the award rate plus one third.

4. - AREA AND SCOPE

(1) This award shall have effect throughout the State of Western Australia and shall subject to the Industrial Relations Act, 1979 include employment outside the State of Western Australia where such employment originated in Western Australia.

(2) This award shall apply to all employees employed in the callings described in Clause 7. - Rates of Pay of this award in the industries as carried out by the respondents.

(3) (a) Without limiting the foregoing the entertainment and associated industries shall include: Opera, Dance, Theatre, Music Theatre, Puppetry, Variety Shows, Vaudeville Shows, Circuses, Revues, Pantomime, Balls, Dances, Weddings, Socials, Retail Store Promotions feature performers appearing in person and who are engaged in the callings described in Clause 7. - Rates of Pay of this award, (subject to paragraph (b) of this subclause) public relations and promotions featuring performers appearing in person, Shopping Centres, Markets, Restaurants, Cabarets, Nightclubs, Taverns, Clubs (including but not limited to Social Clubs, Sporting Clubs, Ethnic Clubs), Theme Parks, Festivals, Ships and Ferries, Schools (including but not limited to Dancing Schools, Drama Schools, Talent Schools, Primary Schools, Secondary Schools, Universities and Colleges), Entertainment Promoters, Entrepreneurs, Agents, Bandleaders, Entertainment Contractors/Directors, Arenas (including but not limited to Skating Arenas), Recreation Centres and all Open Air Venues (including but not limited to Recreational parks, Aquatic Centres, Streets, Arenas, Building Sites).

(b) This award shall not apply to persons employed as a Father Christmas or a Talking Tree by a retailer in a retail shop or in the immediate vicinity such as walkways, entrance foyers and the like, or for the purposes of a Retail Store Promotion.

(c) This award shall not apply to persons employed pursuant to the Mannequins and Models (Western Australia) Award or to any successor award made thereto.

(4) Notwithstanding the provisions of subclause (1) of this clause the only parts of this award which shall apply to any employee whose ordinary weekly wage exceeds the upper salary limit figure hereinafter referred to and who does not come under the provisions of subclause (5) of this clause shall be:

(a) Clause 4. - Area and Scope
(b) Clause 8. - Aggregate Payments
(c) Clause 16. - Travelling
(d) Clause 20. - Annual Leave
(e) Clause 21. - Annual Leave Loading
(f) Clause 29. - Hazardous Action
(g) Clause 32. - Compassionate Leave

(5) The only parts of this award which shall apply to any employee whose ordinary weekly wage exceeds the upper salary limit figure hereinafter referred to and who was not at the time of engagement resident in Australia nor an Australian citizen shall be:

(a) Clause 4. - Area and Scope
(b) Clause 8. - Aggregate Payments
(c) Clause 16. - Travelling

(6) The "upper salary limit figure" shall be equivalent to the rate prescribed in paragraph (a)(iv) of subclause (1) of Clause 7. - Rates of Pay of this award plus three times such rate additional.

4. - AREA AND SCOPE

(1) This award shall have effect throughout the State of Western Australia and shall subject to the Industrial Relations Act 1979 (WA) include employment outside the State of Western Australia where such employment originated in Western Australia.

(2) This award shall apply to all employees employed in the callings described in Clause 15. - Rates of Pay of this award in the industries as carried out by the respondents.

(3) (a) Without limiting the foregoing the entertainment and associated industries shall include: Opera, Dance, Theatre, Music Theatre, Puppetry, Variety Shows, Vaudeville Shows, Circuses, Revues, Pantomime, Balls, Dances, Weddings, Socials, Retail Store Promotions feature performers appearing in person and who are engaged in the callings described in Clause 15. - Rates of Pay of this award, (subject to paragraph (b) of this subclause) public relations and promotions featuring performers appearing in person, Shopping Centres, Markets, Restaurants, Cabarets, Nightclubs, Taverns, Clubs (including but not limited to Social Clubs, Sporting Clubs, Ethnic Clubs), Theme Parks, Festivals, Ships and Ferries, Schools (including but not limited to Dancing Schools, Drama Schools, Talent Schools, Primary Schools, Secondary Schools, Universities and Colleges), Entertainment Promoters, Entrepreneurs, Agents, Bandleaders, Entertainment Contractors/Directors, Arenas (including but not limited to Skating Arenas), Recreation Centres and all Open Air Venues (including but not limited to Recreational parks, Aquatic Centres, Streets, Arenas, Building Sites).

(b) This award shall not apply to persons employed as a Father Christmas or a Talking Tree by a retailer in a retail shop or in the immediate vicinity such as walkways, entrance foyers and the like, or for the purposes of a Retail Store Promotion.

(4) Notwithstanding the provisions of subclause (1) of this clause the only parts of this award which shall apply to any employee whose ordinary weekly wage exceeds the Upper Salary Limit Figure shall be:

(a) Clause 4. - Area and Scope

(b) Clause 7. – Termination

(c) Clause 16. - Aggregate Payments

(d) Clause 19. – Time and Wages Record

(e) Clause 20. - Travelling

(f) Clause 23. - Annual Leave

(g) Clause 24. - Annual Leave Loading

(h) Clause 25. – Personal Leave

(i) Clause 26. – Parental Leave

(j) Clause 27. – Family and Domestic Violence Leave

(k) Clause 29. – Bereavement Leave

(l) Clause 29. - Hazardous Action

(m) Clause 32. - Access for Union Representatives


Insert the following as a heading before clause 5 ‘Terms of Engagement’:

PART 2 - EMPLOYMENT RELATIONSHIP

5. - TERMS OF ENGAGEMENT

(1) In the case of employees not specifically engaged for a tour or run of the play or a particular period, and not paid the rates for those casually engaged, the employment shall be only terminated on either side by two weeks notice or by the payment or forfeiture of two weeks wages. Such notice shall be either given in writing or plainly posted upon the call board or other place seen by the employees in the ordinary course of their employment. Such notice may be given at any time during the week and the employee shall only be entitled to pro-rata payment for the time up to the expiration of the notice.

(2) Subject to subclause (4) hereof, in the case of a specific engagement for a tour, season or run of the play or plays the employer shall give the employee not less than three weeks' notice in writing of the conclusion of the tour, season or run except in a case where the tour, season or run has occupied five weeks or less at the time of the giving of the notice when the period of the notice shall be not less than two weeks.

(3) Subject to subclause (4) hereof, in the case of specific engagement for a tour, season or run of the play or for a particular period the ordinary rules of law relating to contracts shall apply and shall be binding on both employer and employee.

(4) For the purposes of subclauses (2) and (3) of this clause, if the employee has been employed by the employer for a consecutive period of 14 months from the date of the employee's opening performances, then the engagement may be terminated by either party giving four weeks' notice of such termination in writing to the other party; provided that such notice shall not be given so as to take effect while the company in which the employee is performing is in a location that is further than 500 kilometres from the employee's home town or is in direct transit between such places.

(5) If the employer fails to produce or present the production, or present a season or undertake a tour, as the case may be for which the employee is definitely engaged or if the production or the run of the play or tour for which the employee is definitely engaged is less than four weeks, the employer shall pay to the employee in satisfaction of all claims (excepting claims in relation to any money due to the employee for travel and rehearsal) a sum of money not less than four weeks' wages at the employee's prescribed rate of pay unless the engagement of the employee was originally for a lesser period than four weeks in which case the employer shall pay to the employee in satisfaction of all claims (excepting claims in relation to any money due for travel and rehearsal) a sum of money equivalent to the wages for that period of engagement.

(6) Unless an employee may only be engaged for a tour, a season, a run of the play or a particular period if such engagement is made in writing in the terms set out in Schedule A - Standard Contract Of Service For Single/Series Of Plays And/Or Productions, of this award or Schedule B - Standard Contract Of Service For Casual Performances, of this award and signed by both employer and employee setting out fully the details of the engagement, the employment shall be considered to be from week to week and the employer shall be responsible for the employee's return fare if the employee tenders the requisite notice or if the employee is dismissed by the employer.

(7) (a) At the conclusion of the tour, season, run of the play or the particular period for which an employee was engaged the employee shall be returned to the place of engagement and in the absence of any agreement to the contrary the employment shall then be deemed to be at an end.

(b) If an employee leave the employer's employ during the course of a tour, season, run of the play or particular period for which the employee has been specifically engaged, except as provided in subclause (4) of this clause, such employee shall be responsible for his/her own return fare unless such leaving be justified by and be directly attributable to a breach by the employer of this award or of the agreement signed between the employer and the employee with respect to the employment, in which case the fare shall be paid by the employer.

(8) If any work is done by an employee for the employer after the time of the expiration of notice given pursuant to subclauses (1), (2) or (4) of this clause, or otherwise than in pursuance of a separate weekly or touring season or run of the play engagement or an engagement for a particular period, it shall be paid for at casual rates or at 1/6th plus fifteen percent of the employee's negotiated performance rate (per performance), whichever is the greater.

(9) To become entitled to be treated as being engaged by the week employees shall perform such work as is agreed upon in writing, or, in the event that no such agreement has been entered into, such work as the employer shall from time to time require on the days and during the hours usually worked by the class of employees affected.

(10) (a) Nothing in this award shall affect any legal right of any employer to dismiss without notice any employee, whether on tour or away from the place of employment or not, for malingering, neglect of duty or misconduct.

(b) In the case of such dismissal wages shall be payable for the employment up to but not after the time of dismissal.

(c) In the event of any such employee being away from the employee's place of engagement the employer shall ensure that the employee is returned to the place of his/her engagement as expeditiously as possible provided that an employee shall have the right to appeal against such dismissal.

(11) If an employee is directed by the Union in company with all other employees being artists engaged in the play, season, tour or other performance or performances for which the employee has been engaged to cease work in the form of strike action during the rehearsal and/or any performance which the employee has been engaged to take part in, such refusal by the employee to rehearse and/or perform shall not be a breach of the terms of this award or of any agreement of employment signed between the employee and the employer. If, after the termination of any such strike the employer does not recommence rehearsals or performances (as the case may be) of the said play within five days, the employee's engagement and any agreement of employment signed between the employee and employer shall be deemed to be automatically cancelled provided however that such cancellation shall not relieve the employer from its obligation to return the employee to the place of the employee's original engagement.

(12) If any employee shall be required to appear nude or semi-nude such requirement shall be specified in writing in the contract of engagement or in the case of employees not specifically engaged for a tour or run of the play or a particular period, specified at the time of engagement.

(13) Engagement under the terms of this award is for live performance. Except as provided in Clause 17. - Special Attendance - Publicity of this award, recording of a live production by any means whatsoever is expressly prohibited unless agreement is reached between the employer, employee and the Union.

(14) Where an employee is required to wear a completely enclosed suit and/or a headpiece such as but not limited to cartoon characters and the like the employee shall not be required to work where the immediate surrounding temperature is in excess of 38 degrees celsius. In on location work the employee shall not be required to work inside such a suit or headpiece for more than 30 minutes at any one time after which the employee shall have a break of 30 minutes before resuming duties inside the suit and/or headpiece. During each said break the employer shall provide cause to be provided facilities as specified in subclause (6) of Clause 30. - Staff Facilities of this award.

(15) Performers will not be required to dance, either in rehearsal or performance, on a non-dance surface (specifically concrete) unless a work is choreographed for such a surface and then protective footwear must be provided. In the event of the work being rostered to be rehearsed or performed on a non-dance surface, the Union will be notified seven (7) days prior to such performance or rehearsal.

5. - TERMS OF ENGAGEMENT

(1) At the time of engagement an employer will inform each employee of the terms of their engagement in writing and in particular:

(a) whether they are to be engaged on a weekly full-time or weekly part-time or casual basis;

(b) For weekly engagements, whether they are employed on a permanent basis or a fixed period engagement basis;

(c) Where relevant, the date and place of performances; and

(e) The rates payable to the employee.

(2) Weekly employees shall perform such work as is agreed upon in writing, or, in the event that no such agreement has been entered into, such work as the employer shall from time to time require on the days and during the hours usually worked by the class of employees affected.

(3) If any employee shall be required to appear nude or semi-nude such requirement shall be specified in writing in at the time of engagement.

(4) Engagement under the terms of this award is for live performance. Except as provided in Clause 21. - Special Attendance - Publicity of this award, recording of a live production by any means whatsoever is expressly prohibited unless agreement is reached between the employer, employee and the Union.

18. - AUDITIONS

(1) The engagement shall not be deemed to have commenced until after an audition if such is desired by the employer and an employee shall not be entitled to any payment until the employee is definitely engaged except as prescribed herein and for any rehearsals as prescribed in this award.

(2) Auditions shall not be made public and shall not be paid for unless the number thereof requested by the employer exceed three in any period of 28 days in which case the casual rate as prescribed in Clause 7. - Rates of Pay of this award shall be paid for each audition in excess of three in any period of 28 days.

(3) No audition shall be held on a Sunday.

6. - AUDITIONS

(1) The engagement shall not be deemed to have commenced until after an audition if such is desired by the employer and an employee shall not be entitled to any payment until the employee is definitely engaged except as prescribed herein and for any rehearsals as prescribed in this award.

(2) Auditions shall not be made public and shall not be paid for unless the number thereof requested by the employer exceed three in any period of 28 days in which case the casual rate as prescribed in Clause 15. - Rates of Pay of this award shall be paid for each audition in excess of three in any period of 28 days.

(3) No audition shall be held on a Sunday.


7. TERMINATION

(1) Termination by employer: weekly employees:

(a) The minimum period of notice that the employer must give a weekly employee on a fixed period engagement is:

(i) 4 weeks if the employee has been employed by the employer for a consecutive period of 14 months from the date of the employee's opening performances, provided that such notice shall not be given so as to take effect while the company in which the employee is performing is in a location that is further than 500 kilometres from the employee's home town or is in direct transit between such places; or

(ii) 3 weeks if the tour, season or run has occupied more than five weeks at the time of the giving of the notice; or

(iii) 2 weeks in all other cases.

(b) The minimum period of notice that the employer must give all other weekly full-time or weekly part-time employees to terminate the employment is 2 weeks.

(c) Employers covered by this award must also comply with the requirements for notice of termination set out in the National Employment Standards of the Fair Work Act 2009 (Cth). Refer to sections 117 and 123, and Division 3 of Part 6-3, for further details.

Note: Division 3 of Part 6-3 of the Fair Work Act 2009 (Cth) requires non-national system employers (including employers in the Western Australian state industrial relations system) to provide notice of termination (or payment in lieu) to employees.

Section 117 of the Fair Work Act 2009 (Cth) outlines the length of notice (or payment in lieu) an employer must provide to terminate an employee’s employment, as well as other conditions regarding the giving of notice.

Section 123 of the Fair Work Act 2009 (Cth) outlines which employees are excluded from receiving notice.

(2) Termination by employee: weekly employment

A weekly full-time or weekly part-time employee must give the employer the same written notice of termination of employment as set out in clause 7(1)(a) or (b) above, as applicable.

(3) If the employer fails to produce or present the production, or present a season or undertake a tour, as the case may be for which a fixed period engagement employee is engaged or if the production or the run of the play or tour for which the fixed period engagement employee is engaged is less than four weeks, the employer shall pay to the employee in satisfaction of all claims (excepting claims in relation to any money due to the employee for travel and rehearsal) a sum of money not less than four weeks' wages at the employee's prescribed rate of pay unless the engagement of the employee was originally for a lesser period than four weeks in which case the employer shall pay to the employee in satisfaction of all claims (excepting claims in relation to any money due for travel and rehearsal) a sum of money equivalent to the wages for that period of engagement.

(4) If notice of termination is given by an employee or an employer in accordance with clauses 7(1) or 7(2) the employer shall be responsible for the employee's return fare. This clause does not apply to fixed term engagement employees.

(5) (a) At the conclusion of the tour, season, run of the play or the particular period for which a fixed period engagement employee was engaged, the employee shall be returned to the place of engagement and in the absence of any agreement to the contrary the employment shall then be deemed to be at an end.

(b) If a fixed period engagement employee leaves the employer's employ during the course of a tour, season, run of the play for which the employee has been specifically engaged, such employee shall be responsible for the employee’s own return fare unless such leaving be justified by and be directly attributable to a breach by the employer of this award or of the agreement signed between the employer and the employee with respect to the employment, in which case the fare shall be paid by the employer. This clause does not apply if the employee has been employed by the employer for a consecutive period of 14 months from the date of the employee's opening performances.

(6) If any work is done by an employee for the employer after the time of the expiration of notice given pursuant to subclauses (1) or (2) of this clause, or otherwise than in pursuance of a separate weekly or touring season or run of the play engagement or an engagement for a particular period, it shall be paid for at casual rates or at 1/6th plus 25% of the employee’s negotiated performance rate, whichever is the greater.

(7) (a) Nothing in this award shall affect any legal right of any employer to dismiss without notice any employee, whether on tour or away from the place of employment or not, for serious misconduct.

(b) In the case of such dismissal wages shall be payable for the employment up to but not after the time of dismissal.

(c) In the event of any such employee being away from the employee's place of engagement the employer shall ensure that the employee is returned to the place of the employee’s engagement as expeditiously as possible.

(8) If an employee is directed by the Union in company with all other employees being artists engaged in the play, season, tour or other performance or performances for which the employee has been engaged to cease work in the form of strike action during the rehearsal and/or any performance which the employee has been engaged to take part in, such refusal by the employee to rehearse and/or perform shall not be a breach of the terms of this award or of any agreement of employment signed between the employee and the employer. If, after the termination of any such strike the employer does not recommence rehearsals or performances (as the case may be) of the said play within five days, the employee’s engagement and any agreement of employment signed between the employee and employer shall be deemed to be automatically cancelled provided however that such cancellation shall not relieve the employer from its obligation to return the employee to the place of the employee's original engagement.


Insert the following as a heading before clause 8 ‘Hours of Work’:

PART 3 - HOURS OF WORK

9. - HOURS OF WORK

(1) The ordinary hours of work shall not exceed 40 in any one week except for the week Monday to Saturday inclusive immediately prior to the first public performance when the hours shall not exceed 48.

(2) Such hours shall be worked on not more than six days in any one week.

(3) Such hours shall not exceed eight in any one day.

(4) Such hours of work shall be worked between the hours of 9.00am and 11.15pm.

(5) The minimum time to be credited to an employee for each whole time performance or dress rehearsal given shall be two and a half hours (exclusive of making up, dressing and taking off make up) from commencement of the performance to the conclusion of the performance.

(6) The minimum time to be credited to an employee for each rehearsal or any extra session such as wardrobe and photo calls, shall be two hours provided that where extra calls are held either immediately before or after a rehearsal or performance call they shall only be counted as time worked.

8. - HOURS OF WORK

(1) The ordinary hours of work shall not exceed 38 in any one week except for the week Monday to Saturday inclusive immediately prior to the first public performance when the hours shall not exceed 48.

(2) Such hours shall be worked on not more than six days in any one week.

(3) Such hours shall not exceed eight in any one day.

(4) Such hours of work shall be worked between the hours of 9.00 am and 11.15 pm.

(5) The minimum time to be credited to an employee for each whole time performance or dress rehearsal given shall be two and a half hours (exclusive of making up, dressing and taking off make up) from commencement of the performance to the conclusion of the performance.

(6) The minimum time to be credited to an employee for each rehearsal or any extra session such as wardrobe and photo calls, shall be two hours provided that where extra calls are held either immediately before or after a rehearsal or performance call they shall only be counted as time worked.

(7) Where an employee works in excess of 38 hours in the week immediately prior to the first public performance in accordance with clause 8(1), the employee shall be paid the ordinary hourly rate of pay for hours worked in excess of 38 hours and up to 48 hours in addition to their normal weekly rate of pay.

10. - ORGANISATION OF WORK

(1) The provisions of this clause and Clause 11. - Number of Performances of this award shall apply except where alternative arrangements are agreed between the employer, a majority of the cast involved, and the Union.

(2) A break of not less than eleven hours between completion of one days work and the commencement of another.

(3) Hours worked shall be (excluding any unpaid meal breaks under Clause 11. - Number of Performances of this award):

(a) The actual hours of work from the beginning of a call rehearsal or performance to its conclusion with a minimum prescribed in subclauses (3) or (4) of Clause 9. - Hours of Work of this award; and

(b) For performances and dress rehearsals, thirty minutes prior to a performance or dress rehearsal for dressing and/or making up; and

(c) Fifteen minutes at the conclusion of a performance or dress rehearsal for undressing and/or taking off make up;

(d) The maximum ordinary daily hours of work shall be eight after which penalty rates at time and one half for the first two hours or double time thereafter shall be paid;

(e) On a day on which no performance is worked the hours worked shall be continuous except for breaks prescribed elsewhere in this clause;

(f) Within the ordinary daily hours of work employees may be required to undertake:

(i) vocal and/or physical warm up immediately prior to a performance or dress rehearsal sufficient to minimise injury; and

(ii) classes and/or notes reasonably required to be completed by the employer.

(g) No rehearsal may be held on a day when more than one performance of a substantially whole time nature is given, except in the case of an emergency and with the agreement of the cast and/or the Union.

(h) Rehearsals for supernumeraries may be called at any time mutually agreed between the employer and the Union provided that such rehearsals shall not exceed three hours duration.

(i) Should the employer during the course of a normal day's work require the employee to travel from one location to another the travelling time involved shall be counted as time worked.

(j) Breaks

Unless the employer and the employee agree otherwise the breaks set out below shall be allowed between any travel and a performance or rehearsal:

(i) There shall be no work done by an employee on a day in which travel exceeds a distance of 1500 kilometres when travelling by air and/or 300 kilometres when travelling by road.

(ii) Where an employee is required to travel other than as specified above, a four hour break shall be given between arrival at the destination point and any rehearsal call or performance.

(k) No employee shall require to work continuously in excess of four hours, or by agreement with a majority of the cast involved, five hours, without a substantial break for a meal, recuperation and/or refreshment.

(l) A break as prescribed in paragraph (k) of this subclause shall be of a minimum duration of one hour if taken before 4.00pm or one and one half hours if taken after that time.

(m) Such breaks shall be unpaid.

(n) During rehearsals a reasonable refreshment break shall be provided to employees to be counted as time worked.

(o) There shall be a break of not less than 45 minutes exclusive of any dressing, undressing, making up or taking off make up between the conclusion of one performance and commencement of another performance on the same day.

(p) 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 and amount of three percent of the minimum weekly award rate for an Actor or Actress in lieu of the said meal. The employer shall also provide tea or coffee or the ingredients and facilities to make and serve the same.

(q) There shall be a clear break between the conclusion of a full rehearsal and the commencement of another full rehearsal or performance of one and one half hours.
9. - ORGANISATION OF WORK

(1) The provisions of this clause and Clause 10. - Number of Performances of this award shall apply except where alternative arrangements are agreed between the employer, a majority of the cast involved, and the Union.

(2) A break of not less than eleven hours shall be allowed between completion of one day’s work and the commencement of another.

(3) Hours worked, excluding any unpaid meal breaks, shall be:

(a) The actual hours of work from the beginning of a call rehearsal or performance to its conclusion with a minimum prescribed in subclauses (5) or (6) of Clause 8. - Hours of Work of this award; and

(b) For performances and dress rehearsals, thirty minutes prior to a performance or dress rehearsal for dressing and/or making up; and

(c) Fifteen minutes at the conclusion of a performance or dress rehearsal for undressing and/or taking off make up;

(d) The maximum ordinary daily hours of work shall be eight after which penalty rates at time and one half for the first two hours or double time thereafter shall be paid;

(e) On a day on which no performance is worked the hours worked shall be continuous except for breaks prescribed elsewhere in this clause;

(f) Within the ordinary daily hours of work employees may be required to undertake:

(i) vocal and/or physical warm up immediately prior to a performance or dress rehearsal sufficient to minimise injury; and

(ii) classes and/or notes reasonably required to be completed by the employer.

(g) No rehearsal may be held on a day when more than one performance of a substantially whole time nature is given, except in the case of an emergency and with the agreement of the cast and/or the Union.

(h) Rehearsals for supernumeraries may be called at any time mutually agreed between the employer and the Union provided that such rehearsals shall not exceed three hours duration.

(i) Should the employer during the course of a normal day's work require the employee to travel from one location to another the travelling time involved shall be counted as time worked.

(j) Breaks

Unless the employer and the employee agree otherwise the breaks set out below shall be allowed between any travel and a performance or rehearsal:

(i) There shall be no work done by an employee on a day in which travel exceeds a distance of 1500 kilometres when travelling by air and/or 300 kilometres when travelling by road.

(ii) Where an employee is required to travel other than as specified above, a four hour break shall be given between arrival at the destination point and any rehearsal call or performance.

(k) No employee shall be required to work continuously in excess of four hours, or by agreement with a majority of the cast involved, five hours, without a substantial break for a meal, recuperation and/or refreshment.

(l) A break as prescribed in paragraph (k) of this subclause shall be of a minimum duration of one hour if taken before 4.00pm or one and one half hours if taken after that time.

(m) Such breaks shall be unpaid.

(n) During rehearsals a reasonable refreshment break shall be provided to employees to be counted as time worked.

(o) There shall be a break of not less than 45 minutes exclusive of any dressing, undressing, making up or taking off make up between the conclusion of one performance and commencement of another performance on the same day.

(p) 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 and amount of 3% of the minimum weekly award rate for an Actor in lieu of the said meal. The employer shall also provide tea or coffee or the ingredients and facilities to make and serve the same.

(q) There shall be a clear break between the conclusion of a full rehearsal and the commencement of another full rehearsal or performance of one and one half hours.

11. - NUMBER OF PERFORMANCES

(1) Weekly wage for the purposes of this clause shall be as defined in subclause (31) of Clause 3. - Definitions of this award.

(2) The maximum number of performances for which the ordinary weekly wage is paid shall be:

(a) for performances of a substantially whole time production or pantomime, eight; and

(b) for performances of up to one hour in duration, twelve.

(c) where an employee is less than sixteen years of age the maximum number of performances of a substantially whole time production or pantomime in any one week shall not exceed four.

(3) Where additional performances are undertaken as part of the ordinary hours of work the following provisions shall apply:

(a) in the case of additional performances of a substantially whole time production (excepting pantomimes), the employee shall be paid one-eighth of the ordinary weekly wage for each additional performance above eight.

(b) in the case of additional performances of pantomime exceeding eight but not exceeding twelve, the employee shall be paid an additional one-eighth of the ordinary weekly wage for the first performance exceeding eight and then an additional one-sixteenth of the ordinary weekly wage for each performance in excess of the ninth performance in any such week; and

(c) in the case of performances up to one hour in duration, the employee shall be paid an additional payment of one-tenth of the ordinary weekly wage for each performance above twelve.

(4) If an employee is engaged in weekly engagement to appear in two or more different contemporaneous productions for the same employer, each production shall be deemed to be a separate week's engagement for the purpose of this award, and the number of performances in each shall be counted separately for the purpose of this clause, but shall not apply when one of the productions is a pantomime in which case the employee shall be paid one-eighth of his/her weekly wage additional for each performance exceeding eight in a week.

10. - NUMBER OF PERFORMANCES

(1) Weekly wage for the purposes of this clause shall be as defined in subclause (36) of Clause 3. - Definitions of this award.

(2) The maximum number of performances for which the ordinary weekly wage is paid shall be:

(a) for performances of a substantially whole time production or pantomime, eight; and

(b) for performances of up to one hour in duration, twelve.

(c) Where an employee is less than sixteen years of age the maximum number of performances of a substantially whole time production or pantomime in any one week shall not exceed four.

(3) Where additional performances are undertaken as part of the ordinary hours of work the following provisions shall apply:

(a) in the case of additional performances of a substantially whole time production (excepting pantomimes), the employee shall be paid 12.5% of the ordinary weekly wage for each additional performance above eight.

(b) In the case of additional performances of pantomime exceeding eight but not exceeding twelve, the employee shall be paid an additional 12.5% of the ordinary weekly wage for the first performance exceeding eight and then an additional 6.25% of the ordinary weekly wage for each performance in excess of the ninth performance in any such week; and

(c) in the case of performances up to one hour in duration, the employee shall be paid an additional payment of 10% of the ordinary weekly wage for each performance above twelve.

(4) If an employee is engaged in weekly engagement to appear in two or more different contemporaneous productions for the same employer, each production shall be deemed to be a separate week’s engagement for the purpose of this award, and the number of performances in each shall be counted separately for the purpose of this clause, but shall not apply when one of the productions is a pantomime in which case the employee shall be paid 12.5% of the employee’s weekly wage additional for each performance exceeding eight in a week.

31. - SCHOOL TOURS

(1) Hours of Work

The following provisions shall form a part of, but not exclusively be, the provisions applying to schools tours:

(a) The ordinary hours during which a school performance may be held shall be within the usual school hours in that school and up to one hour after such usual school hours, provided that an employee is not required to be at any central pick-up point more than one hour before the usual school starting time.

(b) There shall be a break of at least forty minutes for lunch exclusive of any dressing, undressing, making-up or taking off make-up provided for lunch.

(c) There shall be a break of at least fifteen minutes between the conclusion of one performance and the commencement of another performance in the same school.

(d) Thirty minutes shall be allowed to an employee for preparatory duties such as dressing and make-up incidental to a performance or dress and/or make-up rehearsal, and fifteen minutes shall be allowed after such a performance or rehearsal for undressing, removing make-up. Such time shall be counted as working time.

(2) Number of Performances

The number of performances constituting a week's work shall not exceed:

(a) Ten when such performances are each of no longer duration than one and a half hours (or two hours inclusive of discussion subsequent to the performance).

(b) Fifteen when such performances are each of no longer than one hour.

(c) Each performance in excess of ten or fifteen (as the case may be) shall be paid for at the rate of one-tenth of the employees weekly wage extra.

(3) Travelling

(a) An employee shall not, on any one day, be required to make more than one move from one school to another.

(b) An employee shall travel as directed by the employer unless by mutual agreement with the employee, the employer and the Union.

(c) Where an employee requests to make his/her own way to the next working venue and the employer agrees, the employee shall be paid an allowance equal to the money that would have been paid by the employer on his/her travelling by the form of transport by which the employer did or would have transported the employee or the remainder of the company.

(4) Rates of Pay

Employees paid under this subclause shall be paid at the minimum rates set out hereunder:

(a) Rehearsals - the rate for an Actor or Actress as set out in Clause 7. - Rates of Pay of this award.

(b) Performances - the rate for an Actor or Actress as set out in Clause 7. - Rates of Pay of this award plus ten per centum thereof.

11. - SCHOOL TOURS

(1) Hours of Work

The following provisions shall form a part of, but not exclusively be, the provisions applying to school tours:

(a) The ordinary hours during which a school performance may be held shall be within the usual school hours in that school and up to one hour after such usual school hours, provided that an employee is not required to be at any central pick-up point more than one hour before the usual school starting time.

(b) There shall be a break of at least forty minutes for lunch exclusive of any dressing, undressing, making-up or taking off make-up.

(c) There shall be a break of at least fifteen minutes between the conclusion of one performance and the commencement of another performance in the same school.

(d) Thirty minutes shall be allowed to an employee for preparatory duties such as dressing and make-up incidental to a performance or dress and/or make-up rehearsal, and fifteen minutes shall be allowed after such a performance or rehearsal for undressing, removing make-up. Such time shall be counted as working time.

(2) Number of Performances

The number of performances constituting a week’s work shall not exceed:

(a) Ten when such performances are each of no longer duration than one and a half hours (or two hours inclusive of discussion subsequent to the performance).

(b) Fifteen when such performances are each of no longer than one hour.

(c) Each performance in excess of ten or fifteen (as the case may be) shall be paid for at the rate of 10% of the employee’s weekly wage extra.

(3) Travelling

(a) An employee shall not, on any one day, be required to make more than one move from one school to another.

(b) An employee shall travel as directed by the employer unless by mutual agreement with the employee, the employer and the Union.

(c) Where an employee requests to make their own way to the next working venue and the employer agrees, the employee shall be paid an allowance equal to the money that would have been paid by the employer on travelling by the form of transport by which the employer did or would have transported the employee or the remainder of the company.

(4) Rates of Pay

Employees paid under this subclause shall be paid at the minimum rates set out hereunder:

(a) Rehearsals - the rate for an Actor as set out in Clause 15. - Rates of Pay of this award.

(b) Performances - the rate for an Actor as set out in Clause 15. - Rates of Pay of this award plus 10%.

12. - OVERTIME

(1) Engaged By The Week Or For A Longer Period

(a) All time worked in excess of eight hours on any one day shall be paid for at the rate of time and a half for the first two hours and double time thereafter.

(b) All time worked in excess of forty hours in any one week shall be paid at the rate of time and a half for the first two hours and double time thereafter.

(c) Overtime shall not be paid twice for the same time worked.

(d) Where an employee is paid for an extra performance or performances pursuant to Clause 11. - Number of Performances of this award, the hours paid for in relation to such extra performance or performances shall not be taken into account in calculating the weekly total of hours for the purposes of paragraph (b) hereof.

(e) All time worked during an engagement (rehearsals and performances) in excess of an average of 40 hours per week and not paid for pursuant to paragraphs (a), (b) or (d) of this subclause shall be paid for at the rate of time and a half.

(2) Engaged Casually Other Than Supernumeraries

(a) If a performance is longer than three hours or if an employee is detained by the employer during an engagement for a performance for more than three hours (excluding making up and/or taking off time) the employee shall be paid at the rate of one-sixth of the appropriate casual fee for such employee for each half hour or part thereof in excess of the said three hours that the employee is detained by the employer.

(b) An employee required to work beyond the hour of 11.15pm of who is detained for work or any other reason beyond the hour of 11.15pm by the employer shall be paid at the rate of one-twelfth of the appropriate casual fee for such employee for each half hour or part thereof beyond 11.15pm that the employee is required to work or is detained, in addition to any other payments for overtime etc. and the ordinary fee applicable to such employee.

(3) General - Applicable to Weekly Or Casual Engagements

(a) Where any of the intervals or breaks due to an employee as set out in this award are curtailed or extended beyond the hours specified over time at the rate of time and a half shall be paid for each fifteen minutes or part thereof of such curtailment or extension.

(b) If an employee is detained for work or any other reason by the employer or the employer's representative too late to travel by the last train, tram, bus or vessel to his or her home (temporary or permanent as the case may be), the employer shall provide for him or her proper conveyance to his or her home.

12. - OVERTIME

(1) Engaged By The Week

(a) All time worked in excess of eight hours on any one day shall be paid for at the rate of time and a half for the first two hours and double time thereafter.

(b) All time worked in excess of 38 hours in any one week shall be paid at the rate of time and a half for the first two hours and double time thereafter.

(c) Overtime shall not be paid twice for the same time worked.

(d) Where an employee is paid for an extra performance or performances pursuant to Clause 10. - Number of Performances of this award, the hours paid for in relation to such extra performance or performances shall not be taken into account in calculating the weekly total of hours for the purposes of paragraph (b) hereof.

(e) All time worked during an engagement (rehearsals and performances) in excess of an average of 38 hours per week and not paid for pursuant to paragraphs (a), (b) or (d) of this subclause shall be paid for at the rate of time and a half.

(2) Engaged Casually Other Than Supernumeraries

(a) If a performance is longer than three hours or if an employee is detained by the employer during an engagement for a performance for more than three hours (excluding making up and/or taking off time) the employee shall be paid at the rate of one-sixth of the appropriate casual fee for such employee for each half hour or part thereof in excess of the said three hours that the employee is detained by the employer.

(b) An employee required to work beyond the hour of 11.15pm or who is detained for work or any other reason beyond the hour of 11.15pm by the employer shall be paid at the rate of one-twelfth of the appropriate casual fee for such employee for each half hour or part thereof beyond 11.15pm that the employee is required to work or is detained, in addition to any other payments for overtime etc. and the ordinary fee applicable to such employee.

(3) General - Applicable to Weekly and Casual Engagements

(a) Where any of the intervals or breaks due to an employee as set out in this award are curtailed or extended beyond the hours specified overtime at the rate of time and a half shall be paid for each fifteen minutes or part thereof of such curtailment or extension.

(b) If an employee is detained for work or any other reason by the employer or the employer's representative too late to travel by the last train, tram, bus or vessel to the employee’s home (temporary or permanent as the case may be), the employer shall provide for the employee proper conveyance to their home.

15. - SUNDAYS AND PUBLIC HOLIDAYS
13. - SUNDAYS AND PUBLIC HOLIDAYS

(1) For any work done on Sundays and public holidays including rehearsal the minimum rates per performance or three hour rehearsal session shall be as follows:

(a) Engaged by the week

(i) On Sunday - Where the time worked is in addition to the employee's prescribed weekly hours of work, one third of the employee's ordinary weekly wages in addition to the employee's wage for the week. Where the time worked is part of the employee's prescribed weekly hours of work one sixth of the employee's ordinary weekly wage in addition to the employee's wage for the week, provided that in such case the employee's hours of work for the week shall be so arranged that the employee has one complete day off duty in that week.

(ii) Public Holidays - All work performed on Good Friday, Christmas Day, and/or Labour Day shall be paid for at the rate of 25% of the weekly wage received by the employee in addition to the weekly wage for the week.

(iii) Public Holidays - All work performed on public holidays other than those prescribed in subparagraph (ii) of this paragraph shall be paid for at the rate of one-sixth of the weekly wage received by the employee in addition to the weekly wage for the week.

(iv) If by reason of any of the public holidays referred to in this clause being a public holiday no work is done thereon, the wage for the week shall nevertheless be paid without deduction therefore, and such public holiday shall for the purpose of Clause 10. - Number of Performances of this award be treated as if there had occurred thereon one of the eight, or two of the twelve performances as the case may be for which that clause provides.

(v) If an employee is required by the employer to travel on a Sunday, public holiday or any other rostered day off, the employee shall, unless paid in pursuance of this clause for working on the said Sunday, public holiday, or any other rostered day off, receive therefore one-twelfth of the employee's weekly wage in addition to the wage for the week plus the travelling time paid at the ordinary rate of pay for the week with a minimum payment of four hours.

(b) Engaged Casually

(i) For any work performed by any employee on a Sunday or on a public holiday or any day observed in lieu thereof, the minimum rates for performance or rehearsal shall be as follows:

(aa) for a rehearsal the employee shall be paid double the prescribed casual hourly rehearsal rate with a minimum payment as for four consecutive hours; and

(bb) for a performance the employee shall be paid double the prescribed minimum rate per performance.

(ii) If an employee is required by the employer to travel on a Sunday or on a public holiday or any day observed in lieu thereof, the employee shall, unless paid in pursuance of this clause for working on the said Sunday, be paid the prescribed minimum rate as for a performance.

26. - ROSTERS

An employee shall be given at least 24 hours' notice of any change in the employee's rehearsal and/or performance scheduled hours except during the seven day period prior to the opening performance in which case at least twelve hours' notice shall be given.

14. - ROSTERS

An employee shall be given at least 24 hours' notice of any change in the employee's rehearsal and/or performance scheduled hours except during the seven day period prior to the opening performance in which case at least twelve hours' notice shall be given.


Insert the following as a heading before clause 15 ‘Rates of Pay’:

PART 4 - WAGES AND ALLOWANCES

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
623.60
1122.20

Duo (each)
468.50
613.80
1082.30

Trio (each
453.10
611.70
1064.80

Quartet or an act of more than four artists (each)
437.00
607.40
1044.40






(ii) Variety Artist
468.50
613.80
1082.30






(iii) Vocalist
453.10
611.70
1064.80






(iv) Actor or Actress
416.80
599.30
1016.10






(v) Ballet or Chorus
398.80
592.50
991.30






(vi) Model
398.80
592.50
991.30






(b) Skaters:




(i) Solo, Duo or Speciality Artist
416.80
599.30
1016.10






(ii) Employee engaged only in a skating ensemble
398.80
592.50
991.30






(c) Aquatic Artists:




(i) Other than member of an aquatic ensemble
416.80
599.30
1016.10






(ii) Aquatic ensemble - employee engaged therein only
398.80
592.50
991.30






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


945.30






(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
592.50
991.30




- on tour, plus the touring allowance as hereinafter specified
416.80
599.30
1016.10





(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.

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
1122.20

Duo (each)
1082.30

Trio (each)
1064.80

Quartet or an act of more than four artists (each)
1044.40




(ii) Variety Artist
1082.30




(iii) Vocalist
1064.80




(iv) Actor
1016.10




(v) Ballet or Chorus
991.30




(vi) Model
991.30




(b) Skaters:


(i) Solo, Duo or Speciality Artist
1016.10




(ii) Employee engaged only in a skating ensemble
991.30




(c) Aquatic Artists:


(i) Other than member of an aquatic ensemble
1016.10




(ii) Aquatic ensemble - employee engaged therein only
991.30




(d)(i) Supernumeraries
945.30




(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
991.30


- on tour, plus the touring allowance as hereinafter specified
1016.10



(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 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.

8. – AGGREGATE PAYMENTS

(1) The operation of this award shall not result in any employee receiving a lesser amount under an existing contract or arrangement than that received prior to the introduction of the award.
(2) Notwithstanding any contract or arrangement no employee shall be paid or receive from the employer in respect of the whole period of the employment in aggregate of payments and allowances less than the aggregate of the minimum payments prescribed for the same class of work by this award.

16. - AGGREGATE PAYMENTS

(1) No employee shall be paid an aggregate amount under a contract of employment that is less than the aggregate amount they would otherwise be entitled to receive for that work under this award.

13. - WAGES - METHOD OF PAYMENT

(1) Wages shall be paid to a weekly employee at the employee's place of work without any deduction (other than advances on wages, fines, tax or other deductions which the employer is bound by law to deduct) not later than 10.00pm on the Thursday of each week, except in the case of a broken week when payment shall be made not later than the same hour on the night of the last performance. Provided that should any employee be short paid or over paid in any week, in the case of short payment the employee shall receive the amount short paid on the following pay day or as soon thereafter as possible, and in the case of over payment the amount over paid may be deducted from the employee's wages on the following pay day or as soon thereafter as possible.

(2) Wages shall be paid to a casual employee within fifteen minutes of the conclusion of the employee's work.

(3) All wages will be accompanied by details clearly outlining all allowances, penalty payments and tax deductions.

(4) Wages shall not be paid to any person other than the employee entitled to such wages or a person authorised by the employee in writing to collect wages on their behalf.

(5) All moneys shall be paid in cash or by bank cheque, unless the employee agrees, in writing, to some alternative.

17. - WAGES - METHOD OF PAYMENT

(1) Wages shall be paid weekly without any deduction (other than deductions authorised by the employee or required by law). Provided that should any employee be short paid or over paid in any week, in the case of short payment the employee shall receive the amount short paid on the following pay day or as soon thereafter as possible, and in the case of over payment the amount over paid may be deducted from the employee's wages on the following pay day or as soon thereafter as possible.

(2) All wages will be accompanied by a payslip complying with Division 2F - Keeping of and access to employment records and pay slips of the Industrial Relations Act 1979 (WA).

(3) Wages shall not be paid to any person other than the employee entitled to such wages or a person authorised by the employee in writing to collect wages on their behalf.

(4) All moneys shall be paid by electronic funds transfer, in cash or by bank cheque.

34. - SUPERANNUATION

The superannuation provisions contained herein operate subject to the requirements of the hereinafter prescribed provision titled - Compliance, Nomination and Transition.

(1) In addition to other payments provided for under this award, the employer shall subject to this clause, make a superannuation contribution on behalf of the performer to an approved superannuation fund which complies with the Australian Government's Operational Standards for Occupational Superannuation Funds, of an amount prescribed in the Federal Government Superannuation Legislation, provided that this requirement shall not apply to:

(a) Artists performing within Australia who are normally resident outside Australia;

(b) Supernumeraries;

(c) Juvenile performers, except where the junior performer is engaged on a contract of twelve weeks or longer, or has been employed in the entertainment industry for a minimum of six professional engagements or a minimum of thirty days.

(2) (a) An employer covered by this clause, at the time of engagement, must establish whether the employee is a member of the applicable superannuation scheme.

(b) If the employee shows no proof of such membership, the employer shall be required either:

(i) to properly complete the necessary application form to become a member of the Fund in order to be entitled to the contributions prescribed in subclause (1) hereof.

The employer shall provide the employee with appropriate explanatory material; or

(ii) to sign the following disclaimer:

“I have been supplied with an application form to join HOST-PLUS or JEST or another Fund which complies with the Australian Government’s Operational Standards for Occupational Superannuation Funds, but I do not wish to become a member of such Funds and understand that until I join an appropriate Fund any employer is not obliged to make a contribution on my behalf.”

Notwithstanding the provisions of subparagraph (ii) of this paragraph any employee who was a member of the applicable superannuation scheme at the time of employment and who subsequently signs a disclaimer shall remain entitled to a contribution as prescribed in subclause (1) and the disclaimer shall be void in such circumstances.

(c) Where a contribution is made as prescribed in subclause (1), the employer shall forward to the relevant fund administrator the contribution, the name of the employee on whose behalf the contribution is made, and the superannuation fund number of the employee, or the completed application form.

(d) The superannuation contribution shall in the case of weekly employees be paid no later than seven days following the end of the last pay period in any month.

(e) Where an employee signs a disclaimer the employer shall send by fax or certified mail to the fund administrator and to the Union a copy of the completed form, together with the address of the employee concerned.

(f) Notwithstanding the election of an employee not to join a relevant superannuation fund, where such employee forwards to the employer a completed superannuation fund application form within ten working days of the Union receiving the disclaimer, the employer shall pay the superannuation contribution as prescribed in subclause (1).

(3) (a) Where a contribution under this clause is made on behalf of a permanent employee the employer shall make such contribution to the Joint Entertainment Superannuation Trust, or in the case of hotel performers, either JEST or HOST-PLUS, or other such fund approved by the Union and which complies with the Australian Government's Operational Standards for Occupational Superannuation Funds.

(b) For employees other than those in paragraph (a) above any superannuation contribution made under this clause shall be made to the Joint Entertainment Superannuation Trust or other such fund approved by the Union and which complies with the Australian Government's Operational Standards for Occupational Superannuation Funds.

(4) In the case of weekly employees, superannuation contributions remain payable pursuant to this clause notwithstanding that a performer is absent from work on approved sick leave, annual leave, long service leave, or other approved paid leave. Contributions also remain payable in respect of an absence due to a bona-fide workers' compensation claim.

(5) Definitions

For the purpose of this clause “ordinary salary” refers to:

(a) Where the performer is engaged on a weekly basis, the performer's usual weekly earnings, including loadings and penalty payments paid on a regular basis, but excluding any other penalties and allowances paid on an irregular basis such as travel, meals, or wardrobe allowances and the like, or annual leave loading.

(b) Where a performer is engaged on a casual basis, the salary is negotiated for the engagement including the casual loading provided for under this award but excluding any allowances such as travel, meals, or wardrobe allowances and the like, or annual leave loading.

(6) For the purpose of this clause, HOST-PLUS shall mean the Hospitality Industry Portable Liquor Union Superannuation Trust Deed which complies with the Australian Government's Operational Standards for Occupational Superannuation Funds.

(7) For the purpose of this clause, the Joint Entertainment Superannuation Trust (JEST) shall mean the fund established by the Joint Entertainment Superannuation Trust Deed, which complies with the Australian Government's Operational Standards for Occupational Superannuation Funds.

Compliance, Nomination and Transition

Notwithstanding anything contained elsewhere herein which requires that contribution be made to a superannuation fund or scheme in respect of an employee, on and from 30 June 1998 -

(a) Any such fund or scheme shall no longer be a complying superannuation fund or scheme for the purposes of this clause unless -

(i) the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and

(ii) under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme;

(b) The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee;

(c) The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;

(d) A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;

(e) The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;

(f) The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by a employee;

Provided that on and from 30 June 1998, and until an employee thereafter nominates a complying superannuation fund or scheme -

(g) if one or more complying superannuation funds or schemes to which contributions may be made be specified herein, the employer is required to make contributions to that fund or scheme, or one of those funds or schemes nominated by the employer;

or

(h) if no complying superannuation fund or scheme to which contributions may be made be specified herein, the employer is required to make contributions to a complying fund or scheme nominated by the employer.

18. - SUPERANNUATION

(1) The Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth) deal with the superannuation rights and obligations of employers and employees.

(2) The employer must make superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

(3) The employer must notify the employee of the entitlement to nominate a complying superannuation fund or scheme to which contributions in respect of the employee may be made.

(4) The employer must make contributions to a complying fund or scheme nominated by the employer until the employee nominates such a fund or scheme.

(5) The employer and the employee are bound by the employee’s nomination unless the employer and employee agree to change the complying superannuation fund or scheme to which contributions are to be made.

(6) An employer must not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by an employee.

(7) “Complying superannuation fund or scheme” means a superannuation fund or scheme:

(a) that is a complying superannuation fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992, and

(b) to which, under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme.


14. – TIME AND WAGES RECORD

(1) The employer shall keep, or cause to be kept on each of its business premises, a time and wages record, wherein shall be entered the following information:

(a) The full name and stage name, postal address and occupation of each employee employed and whether the employee is being employed on a full time or casual basis.

(b) The time each employee commences and finishes work each day, including any breaks in shift.

(c) The number of ordinary hours and the number of over time hours worked in each day by each employee and the totals for each employee and the totals for each pay period.

(d) The wages and (if any) over time and allowances paid to each employee each pay period and any deduction made therefrom.

(e) The age of any employee on juvenile rates of pay.

(2) The time book or time sheet shall, after all the time worked previous to the entry by an employee has been entered therein, be produced to such employee and such entry, if correct shall be vouched for by the employee’s signature in the time book or time sheet.

(3) Such records with all the entries therein and the relevant wages receipts shall, be produced by the employer for inspection at the place where they are kept at any time between the hours of 10.00am and 5.00pm from Monday to Friday, both inclusive, except pay day to an official of the Union who has been authorised in writing to inspect it by the Secretary, Assistant Secretary or President of the Union. The notice of an intended inspection shall be given to the employer, setting out the grounds for desiring such inspection. No authority to inspect shall be given by the Union unless the Secretary or the Assistant Secretary or the President has good reason to suspect that a breach of this award has been committed by the employer whose time book or time sheets or wages receipts are to be inspected. In the case of any establishment which is only open for business after 5.00pm or on a Saturday or Sunday, then the records shall be open for inspection during all working hours.

(4) In respect to any establishment situated outside of a radius of forty kilometres from the General Post Office, Perth, if the record for any reason is either not available for inspection, or the Union representative has difficulty in inspecting such a record, a certified copy from such record of information required by the representative shall be forwarded by the employer to the registered office of the Union within fourteen days of the date of the request made to inspect the record.

(5) The person making such inspection shall be permitted sufficient time to inspect the records and shall be entitled to take a copy of any entry in the time and wages record related to the suspected breach.

19. - TIME AND WAGES RECORD

The employer shall keep employment records and provide access to employment records in accordance with Part II, Division 2F - Keeping of and access to employment records and pay slips of the Industrial Relations Act 1979 (WA).


16. - TRAVELLING

(1) All air travel shall be made by a regular passenger carrying air line or by a passenger carrying charter flight.

(2) Engaged By The Week Or Longer Period: If such an employee is required by the employer to travel, such travel shall:

(a) be for reserved seating paid for by the employer;

(b) be economy class air service, but in the event that this is not available, alternative transport will be provided as agreed between the employer and the Union;

(c) if engaged on a country tour and not travelling by air, be by adequate, comfortable and safe transport with seating for each employee and shall include regular stops for comfort and refreshment.

(3) Travel subject to paragraph (b) of subclause (2) of this clause shall take place, subject to subclause (4) of this clause:

(a) on any day on which a rehearsal or performance is to be held, between the hours of 9.00am and 4.00pm; and

(b) on any other day between 9.00am and 7.00pm.

(4) Should travel take place out side the hours prescribed in subclause (3) of this clause, the employee shall be paid at the rate of one-eighteenth of the employee's weekly wage for each half hour or part thereof outside those hours.

(5) Should the employee not be provided with meals during the journey the employer shall pay the employee an amount equal to three percent of the minimum weekly rate for an Actor or Actress for each meal period which occurs during the journey.

(6) Where an employee is engaged to work away from the city or town in which he or she resides the employer shall provide transport in accordance with the provisions of subclause (2) of this clause.

(7) An employee required to travel to or from an airport shall have such travel provided by the employer, or shall be reimbursed for the cost of such transport to a maximum of $22.34 for any single trip.

(8) Accommodation

(a) In this subclause unless the context otherwise provides:

"suitable accommodation" means single room modern motel or serviced apartment accommodation with private facilities.

"serviced apartment" means an apartment with cooking facilities for which clean linen is supplied once per week and the apartment cleaned at least once per week at the cost of the employer.

(b) Where an employee is required to travel the following provisions will apply with respect to accommodation:

(i) Where the period of travel is one week or less the employer shall provide suitable accommodation or if the employer and employee agree an allowance of $83.60 per night shall be payable in lieu of the provision of accommodation.

(ii) (aa) Where the period of travel is greater than one week the employer shall provide suitable accommodation or if the employer elects not to provide accommodation then the employer shall reimburse the employee for the expenses of such accommodation up to the maximum limits set out in this clause.

(bb) The reimbursement limits referred to above are:


$


Sydney and Melbourne
614.60
Canberra
558.70
Adelaide, Perth, Hobart Brisbane
502.83
Other places
446.96


(cc) Where an employer and employees agree in writing shared accommodation may be provided by the employer. The employer shall retain a copy of such agreement.

(dd) Where the employer is not providing accommodation and employees agree in writing to share accommodation the reimbursement limits set by this clause shall be increased by 25 percent in respect of such shared accommodation. A copy of such agreement shall be retained by the employer.

(ee) Reimbursement shall be made weekly or at such longer intervals as the employer and employee agree and shall be made upon presentation by the employee of a receipted account for the accommodation or other such arrangements as are agreed between the employer and the employee.

(iii) In lieu of the provisions of subparagraph (ii) of this subclause an employee may elect to take a cash allowance of $307.28 per week or $61.46 per night up to a maximum of the weekly cash allowance.

(iv) For localities north of 26 degrees south latitude in Western Australia the rate shall be as prescribed by Schedule J - Travelling, Transfer and Relieving Allowance of the Government Officers Salaries, Allowances and Conditions Award 1989 for the locality concerned.

(c) Any dispute as to the operation of this subclause or as to whether accommodation provided by an employer is suitable accommodation as is required by this clause shall be dealt with in accordance with the following procedure:

(i) The matter shall first be discussed between the employer and the employee.

(ii) If the matter remains unresolved it may be referred by either the employee or the employer to the relevant Union and employer association respectively for assistance in seeking resolution.

(iii) If following these steps the matter remains unresolved it shall be notified to the Western Australian Industrial Relations Commission.

(d) Where any party to this award is of the view that suitable accommodation cannot be provided in accordance with this clause for any reason including the remoteness of the location, the shortage of suitable accommodation, or the cost of such accommodation, the following procedures will apply:

(i) The matter shall be discussed at first instance between the employer and employees directly concerned.

(ii) Where agreement cannot be reached or if either party requires assistance the appropriate Union or employer association should be notified and formal negotiations should occur.

(iii) If the matter remains unresolved following the negotiations referred to above, the matter should be notified to the Western Australian Industrial Relations Commission for resolution.

(e) (i) When any travel in excess of one week in duration is required as much notice as is practical shall be given to employees. Such notice shall also include, where the employer is providing accommodation in accordance with this clause, the details of the accommodation to be provided. The employee shall indicate within fourteen days of the offer of accommodation whether he/she proposes to accept the offer unless impractical to do so in the circumstances.

(ii) An employer shall assist any employee who requests such assistance in the obtaining of any available discounts on accommodation of the employee's choice.

(9) Meals

An employee required to travel shall be provided by the employer with all meals of a satisfactory nature or paid an allowance in lieu of $30.17 per day to a maximum of $150.63 per week except for localities north of 26 degrees south latitude in Western Australia where the rate shall be prescribed by Schedule J - Travelling, Transfer and Relieving Allowance of the Government Officers Salaries, Allowances and Conditions Award 1989 for the locality allowance concerned.

(10) Incidentals

An employee required to travel shall be paid an allowance for incidentals of $9.60 per day to a maximum of $47.82 per week except for localities north of 26 degrees south latitude in Western Australia where the rate shall be prescribed by Schedule J - Travelling, Transfer and Relieving Allowance of the Government Officers Salaries, Allowances and Conditions Award 1989 for the locality allowance concerned.

(11) Should the employer during the course of a normal day's work require the employee to travel from one location to another the travelling time involved shall be counted as time worked.

(12) The minimum breaks for travel shall be in accordance with the provisions prescribed in paragraph (j) of subclause (3) of Clause 10. - Organisation of Work of this award.

(13) Where an employee is required to travel away from his/her place of engagement he/she shall be paid:

(a) his/her weekly wage until he/she is returned to the place of engagement at the conclusion of the tour or engagement;

(b) for the days of departure and return; and

(c) pro rata for any broken weeks at the beginning or end of the tour or engagement.

(14) Engaged Casually

(a) An employee who lives in a particular city or town (either temporarily or permanently) and who is under casual engagement to perform any work at any place away from the city or town in which the employee resides shall have first class rail or other transport provided by the employer and in the case of rail travel, if required to travel at night, shall be provided with sleeping accommodation. Should the employer not provide such sleeping accommodation the employer shall pay to the employee the sum usually charged to the employer by the railway authorities therefore.

(b) The employer shall provide reasonable accommodation and meals at a hotel, motel or boarding house for any casual employee who is obliged to remain and lodge overnight at any place other than the employee's usual place of abode, and in default thereof shall pay such employee the current daily travelling allowance rate plus three percent of the minimum weekly award rate for an Actor or Actress for each meal. If the employee's performance concludes after 11.00pm at a place which is 155 kilometres or more by road from the employee's home town or city and if no rail transport to the employee's home town or city is available within two hours of the conclusion of the employee's work the employer shall provide and pay for overnight lodging or pay to the employee the current daily travelling allowance rate.

(c) Should the total time of an employee's absence from the employee's home town, including the time occupied in the outward and return journey to and from the employment exceed 24 hours, the employee shall be paid in addition to the applicable rate one-half of the casual performance rate hereinbefore provided for each period of twelve hours or part thereof of such excess in addition to the provisions of lodging and meals.

(15) Use of Private Transport

(a) Where an employee requests and the employer agrees to make his/her way from one working venue to another and journeys by car the employee shall be paid by the employer an allowance equal to the money that would have been paid by the employer on the employee's travelling by the form of transport by which the remainder of the company travels provided that the cost to the employer is no greater than it would have been if all employees used transport provided by the employer. Reasonable time as agreed with the Union shall be allowed for such travel.

(b) Where an employee agrees at the request of the employer to use his/her own motor vehicle or motor cycle for purposes other than travelling between cities and towns, the employee shall be paid an allowance of 58 cents per kilometre or the official rate set by the Royal Automobile Club of WA, whichever is the greater.

(16) Transportation of Luggage

The employer shall transport the luggage of the artist subject to the following conditions:

(a) Where luggage is subject to a weight allowance and the luggage of the employee exceeds the weight carried free for a member of the public travelling by such transport (hereinafter called "the free luggage weight") the employer shall transport from theatre to theatre at its expense and by such means as it shall nominate the employee's luggage in excess of the free luggage weight and up to a total of 40 kilos (inclusive of the free luggage weight) and the employee shall at the employee's expense transport his/her luggage in excess of the said 40 kilos.

(b) The employer shall adequately insure the employee's luggage for loss, theft or damage while in the management's charge.

20. - TRAVELLING

(1) All air travel shall be made by a regular passenger carrying airline or by a passenger carrying charter flight.

(2) If an employee is engaged by the week and is required by the employer to travel, such travel shall:

(a) be for reserved seating paid for by the employer;

(b) be economy class air service, but in the event that this is not available, alternative transport will be provided as agreed between the employer and the Union;

(c) if engaged on a country tour and not travelling by air, be by adequate, comfortable and safe transport with seating for each employee and shall include regular stops for comfort and refreshment.

(3) Travel subject to subclause (2)(b) of this clause shall take place, subject to subclause (4) of this clause:

(a) on any day on which a rehearsal or performance is to be held, between the hours of 9.00am and 4.00pm; and

(b) on any other day between 9.00am and 7.00pm.

(4) Should travel take place outside the hours prescribed in subclause (3) of this clause, the employee shall be paid at the rate of one-eighteenth of the employee's weekly wage for each half hour or part thereof outside those hours.

(5) Should the employee not be provided with meals during the journey the employer shall pay the employee an amount equal to 3% of the minimum weekly rate for an Actor for each meal period which occurs during the journey.

(6) Where an employee is engaged to work away from the city or town in which they reside the employer shall provide transport in accordance with the provisions of subclause (2) of this clause.

(7) An employee required to travel to or from an airport shall have such travel provided by the employer, or shall be reimbursed for the cost of such transport to a maximum of the amount specified in clause 14.3(b) of the Modern Award as varied from time to time for any single trip.

(8) Accommodation

(a) In this subclause unless the context otherwise provides:

“suitable accommodation” means single room modern motel or serviced apartment accommodation with private facilities.

“serviced apartment” means an apartment with cooking facilities for which clean linen is supplied once per week and the apartment cleaned at least once per week at the cost of the employer.

(b) Where an employee is required to travel the following provisions will apply with respect to accommodation:

(i) Where the period of travel is one week or less the employer shall provide suitable accommodation or if the employer and employee agree an allowance equal to the accommodation allowance provided for in clause 14.3(c) of the Modern Award as varied from time to time in lieu of the provision of accommodation.

(ii) (aa) Where the period of travel is greater than one week the employer shall provide suitable accommodation or if the employer elects not to provide accommodation then the employer shall reimburse the employee for the expenses of such accommodation up to the maximum limits set out in clause 14.3(e) of the Modern Award as varied from time to time.

(bb) Where an employer and employees agree in writing shared accommodation may be provided by the employer. The employer shall retain a copy of such agreement.

(cc) Where the employer is not providing accommodation and employees agree in writing to share accommodation the reimbursement limits set by this clause shall be increased by 25% in respect of such shared accommodation. A copy of such agreement shall be retained by the employer.

(dd) Reimbursement shall be made weekly or at such longer intervals as the employer and employee agree and shall be made upon presentation by the employee of a receipted account for the accommodation or other such arrangements as are agreed between the employer and the employee.

(iii) In lieu of the provisions of subparagraph (ii) of this subclause an employee may elect to take a cash allowance in the amounts specified in clause 14.3(d) of the Modern Award as varied from time to time.

(iv) For localities north of 26 degrees south latitude in Western Australia the rate shall be as prescribed by Schedule J - Travelling, Transfer and Relieving Allowance of the Government Officers Salaries, Allowances and Conditions Award 1989 for the locality concerned.

(c) Any dispute as to the operation of this subclause or as to whether accommodation provided by an employer is suitable accommodation as is required by this clause shall be dealt with in accordance with the following procedure:

(i) The matter shall first be discussed between the employer and the employee.

(ii) If the matter remains unresolved it may be referred by either the employee or the employer to the relevant Union and employer association respectively for assistance in seeking resolution.

(iii) If following these steps the matter remains unresolved it shall be notified to the Western Australian Industrial Relations Commission.

(d) Where any party to this award is of the view that suitable accommodation cannot be provided in accordance with this clause for any reason including the remoteness of the location, the shortage of suitable accommodation, or the cost of such accommodation, the following procedures will apply:

(i) The matter shall be discussed at first instance between the employer and employees directly concerned.

(ii) Where agreement cannot be reached or if either party requires assistance the appropriate Union or employer association should be notified and formal negotiations should occur.

(iii) If the matter remains unresolved following the negotiations referred to above, the matter should be notified to the Western Australian Industrial Relations Commission for resolution.

(e) (i) When any travel in excess of one week in duration is required as much notice as is practical shall be given to employees. Such notice shall also include, where the employer is providing accommodation in accordance with this clause, the details of the accommodation to be provided. The employee shall indicate within fourteen days of the offer of accommodation whether he/she proposes to accept the offer unless impractical to do so in the circumstances.

(ii) An employer shall assist any employee who requests such assistance in the obtaining of any available discounts on accommodation of the employee's choice.

(9) Meals

An employee required to travel shall be provided by the employer with all meals of a satisfactory nature or paid an allowance in lieu as follows:

(a) For localities north of 26 degrees south latitude in Western Australia the allowance shall be that prescribed by Schedule J - Travelling, Transfer and Relieving Allowance of the Government Officers Salaries, Allowances and Conditions Award 1989 for the locality allowance concerned.

(b) Or all other locations, the allowance shall be that prescribed by clause 14.3(h) of the Modern Award as varied from time to time.

(10) Incidentals

An employee required to travel shall be paid an allowance for incidentals as prescribed by clause 14.3(i) of the Modern Award as varied from time to time.

(11) Should the employer during the course of a normal day's work require the employee to travel from one location to another the travelling time involved shall be counted as time worked.

(12) The minimum breaks for travel shall be in accordance with the provisions prescribed in subclause (3)(j) of Clause 9. - Organisation of Work of this award.

(13) Where an employee is required to travel away from their place of engagement they shall be paid:

(a) their weekly wage until they are returned to the place of engagement at the conclusion of the tour or engagement;

(b) for the days of departure and return; and

(c) pro rata for any period that is less than a week at the beginning or end of the tour or engagement.

(14) Engaged Casually

(a) A casual employee who lives in a particular city or town (either temporarily or permanently) and who is to perform any work at any place away from the city or town in which the employee resides shall have first class rail or other transport provided by the employer and in the case of rail travel, if required to travel at night, shall be provided with sleeping accommodation. Should the employer not provide such sleeping accommodation the employer shall pay to the employee the sum usually charged to the employer by the railway authorities therefore.

(b) The employer shall provide reasonable accommodation and meals at a hotel, motel or boarding house for any casual employee who is obliged to remain and lodge overnight at any place other than the employee's usual place of abode, and in default thereof shall pay such employee the current daily travelling allowance rate plus 3% of the minimum weekly award rate for an Actor for each meal. If the employee's performance concludes after 11.00pm at a place which is 155 kilometres or more by road from the employee’s home town or city and if no rail transport to the employee's home town or city is available within two hours of the conclusion of the employee's work the employer shall provide and pay for overnight lodging or pay to the employee the current daily travelling allowance rate.

(c) Should the total time of an employee's absence from the employee’s home town, including the time occupied in the outward and return journey to and from the employment exceed 24 hours, the employee shall be paid in addition to the applicable rate one-half of the casual performance rate hereinbefore provided for each period of twelve hours or part thereof of such excess in addition to the provisions of lodging and meals.

(15) Use of Private Transport

(a) Where an employee requests and the employer agrees to make their way from one working venue to another and journeys by car the employee shall be paid by the employer an allowance equal to the money that would have been paid by the employer on the employee's travelling by the form of transport by which the remainder of the company travels provided that the cost to the employer is no greater than it would have been if all employees used transport provided by the employer. Reasonable time as agreed with the Union shall be allowed for such travel.

(b) Where an employee agrees at the request of the employer to use their own motor vehicle or motor cycle for purposes other than travelling between cities and towns, the employee shall be paid an allowance equal to the Use of vehicle allowance prescribed by clause 14.2(b) of the Modern Award as varied from time to time.

(16) Transportation of Luggage

The employer shall transport the luggage of the artist subject to the following conditions:

(a) Where luggage is subject to a weight allowance and the luggage of the employee exceeds the weight carried free for a member of the public travelling by such transport (hereinafter called “the free luggage weight”) the employer shall transport from theatre to theatre at its expense and by such means as it shall nominate the employee’s luggage in excess of the free luggage weight and up to a total of 40 kilos (inclusive of the free luggage weight) and the employee shall at the employee's expense transport his/her luggage in excess of the said 40 kilos.

(b) The employer shall adequately insure the employee’s luggage for loss, theft or damage while in the management's charge.

17. - SPECIAL ATTENDANCE - PUBLICITY

(1) If prior to commencement of a period of employment, the employee is required by the employer for the purposes of wardrobe, still photography or any matter connected with the employer's business (excepting radio or television appearances and/or interviews) to attend:

(a) the place of employment; or

(b) a still photographic studio; or

(c) in another location agreed by the Union,

the provisions of subclauses (2) and (3) of this clause shall apply.

(2) The employer shall pay the employee:

(a) for the time of such attendance, including travel time, pro rata at the casual rehearsal rate prescribed by Clause 7. - Rates of Pay of this award with a minimum payment for three hours; and

(b) the cost of such travel to any venue or location.

Such travel shall commence at the theatre or other place of employment or at a central point in the particular city designated by the employer.

(3) Such attendance shall be within the ordinary hours of work prescribed in Clause 9. - Hours of Work and Clause 10. - Organisation of Work of this award.

(4) If subsequent to the commencement of employment the employee is required for the purposes of wardrobe, still photography or any other matter connected with the employer's business such attendance shall, subject to the provisions of Clause 9. - Hours of Work and Clause 10. - Organisation of Work of this award, be without additional payment.

(5) The employer shall use his/her best endeavour to ensure that still photographs of the employee taken in accordance with the provisions of this clause shall not be published for any purpose other than publicity for, or advertisement of, the play or live entertainment.

(6) Television and Radio

Where a segment of a production in which the employee is performing is filmed or otherwise recorded for publicity purposes with the intention that it shall be transmitted by television or radio the following provisions shall apply:

(a) If the segment is to be made up into an advertisement for the production for the purpose of being transmitted as a paid advertisement the employee shall be paid at the hourly rate as prescribed by the Actors, Etc. (Television) Award 1979 or any subsequent variation or replacement of that award, with a minimum payment as for four hours in addition to the employee's ordinary rate of pay.

(b) If the segment is to be transmitted as a news item or used as a current affairs programme or any other type of programme content the transmission time shall not exceed five minutes.

(c) The employer shall, in the case referred to in the preceding paragraph stipulate to the transmitting station that the recording is to be transmitted once only in each city or town where the production is being presented, such transmission to take place during or prior to the presentation of the production in that town or city.

(d) The maximum time of any recording call outside the theatre shall be four hours. All time worked in excess of four hours shall be paid for at the appropriate penalty rate.

(e) An artist shall not be required in accordance with paragraphs (b) and (c) of this subclause to perform on any more than two television shows in any one city. Any performances in excess of two shall be paid in accordance with paragraph (a) of this subclause.

(f) An artist shall give such press, radio, television and other interviews as the management shall reasonably require but otherwise shall not give any interviews, information or expression of opinion or material for publicity or press purposes either verbal, documentary or in the nature of illustrations to any member of the press, radio or television or to any other person without the written permission of management.

Attendance at such interviews, and reasonable travel time to and from the place of interview if other than the place of employment, shall be counted as time worked.

(7) Generally

The employee will not be presented in any promotional material within the control of the employer which can be reasonably described as detrimental to his/her professional status or reputation.

Should a dispute arise between the employer and the employee in this regard the matter shall be referred to the Union and then if necessary to an independent arbitrator agreed by the parties to the dispute.

(8) The employer shall ensure, where it is within his/her control, that all employees appearing in a production are accurately billed and that their names, professional experience and photographs appear in the programme.

(9) The employer shall notify the audience of any changes in the cast for named roles.

21. - SPECIAL ATTENDANCE - PUBLICITY

(1) If prior to commencement of a period of employment, the employee is required by the employer for the purposes of wardrobe, still photography or any matter connected with the employer’s business (excepting radio or television appearances and/or interviews) to attend:

(a) the place of employment; or

(b) a still photographic studio; or

(c) in another location agreed by the Union,

the provisions of subclauses (2) and (3) of this clause shall apply.

(2) The employer shall pay the employee:

(a) for the time of such attendance, including travel time, pro rata at the casual rehearsal rate prescribed by Clause 15. - Rates of Pay of this award with a minimum payment for three hours; and

(b) the cost of such travel to any venue or location.

Such travel shall commence at the theatre or other place of employment or at a central point in the particular city designated by the employer.

(3) Such attendance shall be within the ordinary hours of work prescribed in Clause 8. - Hours of Work and Clause 9. - Organisation of Work of this award.

(4) If subsequent to the commencement of employment the employee is required for the purposes of wardrobe, still photography or any other matter connected with the employer's business such attendance shall, subject to the provisions of Clause 8. - Hours of Work and Clause 9. - Organisation of Work of this award, be without additional payment.

(5) The employer shall use its best endeavours to ensure that still photographs of the employee taken in accordance with the provisions of this clause shall not be published for any purpose other than publicity for, or advertisement of, the play or live entertainment.

(6) Television and Radio

Where a segment of a production in which the employee is performing is filmed or otherwise recorded for publicity purposes with the intention that it shall be transmitted by television or radio the following provisions shall apply:

(a) If the segment is to be made up into an advertisement for the production for the purpose of being transmitted as a paid advertisement the employee shall be paid at the hourly rate as prescribed by clause 32.2(f) of the Modern Award as varied from time to time, with a minimum payment as for four hours in addition to the employee's ordinary rate of pay.

(b) If the segment is to be transmitted as a news item or used as a current affairs programme or any other type of programme content the transmission time shall not exceed five minutes.

(c) The employer shall, in the case referred to in the preceding paragraph stipulate to the transmitting station that the recording is to be transmitted once only in each city or town where the production is being presented, such transmission to take place during or prior to the presentation of the production in that town or city.

(d) The maximum time of any recording call outside the theatre shall be four hours. All time worked in excess of four hours shall be paid for at the appropriate penalty rate.

(e) An employee shall not be required in accordance with paragraphs (b) and (c) of this subclause to perform on any more than two television shows in any one city. Any performances in excess of two shall be paid in accordance with paragraph (a) of this subclause.

(f) An employee shall give such press, radio, television and other interviews as the management shall reasonably require but otherwise shall not give any interviews, information or expression of opinion or material for publicity or press purposes either verbal, documentary or in the nature of illustrations to any member of the press, radio or television or to any other person without the written permission of management.

Attendance at such interviews, and reasonable travel time to and from the place of interview if other than the place of employment, shall be counted as time worked.

(7) Generally

The employee will not be presented in any promotional material within the control of the employer which can be reasonably described as detrimental to the employee’s professional status or reputation.

Should a dispute arise between the employer and the employee in this regard the matter shall be referred to the Union and then if necessary to an independent arbitrator agreed by the parties to the dispute.

(8) The employer shall ensure, where it is within its control, that all employees appearing in a production are accurately billed and that their names, professional experience and photographs appear in the programme.

(9) The employer shall notify the audience of any changes in the cast for named roles.

19. - WARDROBE AND MAKE-UP

(1) The employer shall provide make-up for supernumeraries when such employees are not receiving at least the prescribed ballet or chorus rate of pay.

(2) Other employees shall provide their own standard facial make-up provided that when the employer requires the employee to use special make-up including body make-up and/or special effects facial make-up the employer shall provide such make-up.

(3) The employer shall provide all wardrobe and footwear, stockings and fleshings, wigs, facial hair, latex fixative and appurtenances required by the employer to be used in performances or rehearsal and they shall have been newly laundered and/or cleaned when so provided and shall be maintained in a clean and hygienic condition by the employer.

(4) An employee required to dance shall be provided by the employer with new shoes suitable to the physical requirements of the employee.

(5) Where the employer fails to provide an employee with wardrobe and such wardrobe is supplied by the employee, the employer shall pay the employee a sum of not less than 1.7 percent of the minimum weekly award rate for an Actor or Actress per week for each suit, frock or costume or other article supplied by that employee with a minimum payment of 2.2 percent the minimum weekly award rate for an Actor or Actress per week plus a sum of one percent of the minimum weekly award rate for an Actor or Actress per week for each pair of shoes provided by the employee.

(6) (a) The employer shall provide skating boots and skates, socks and skate bootlaces for the use of employees whose work includes ice skating; or

(b) Should the employer not provide skating boots and skates the employer shall pay the employee one percent of the minimum weekly award rate for an Actor or Actress per week in lieu of such provisions and 0.5 percent of the minimum weekly award wage for an actor per week in lieu of socks and laces; provided that this provision shall not apply to Speciality Skating Artists.

(7) All laundry made necessary by the work of the employee for the employer shall be done at the employer's expense.

(8) The employee shall not remove from the theatre costumes or other articles provided by the employer.

22. - WARDROBE AND MAKE-UP

(1) The employer shall provide make-up for supernumeraries when such employees are not receiving at least the prescribed ballet or chorus rate of pay.

(2) Other employees shall provide their own standard facial make-up provided that when the employer requires the employee to use special make-up including body make-up and/or special effects facial make-up the employer shall provide such make-up.

(3) The employer shall provide all wardrobe and footwear, stockings and fleshings, wigs, facial hair, latex fixative and appurtenances required by the employer to be used in performances or rehearsal and they shall have been newly laundered and/or cleaned when so provided and shall be maintained in a clean and hygienic condition by the employer.

(4) An employee required to dance shall be provided by the employer with new shoes suitable to the physical requirements of the employee.

(5) Where the employer fails to provide an employee with wardrobe and such wardrobe is supplied by the employee, the employer shall pay the employee a sum of not less than 1.7 % of the minimum weekly award rate for an Actor per week for each suit, frock or costume or other article supplied by that employee with a minimum payment of 2.2 % the minimum weekly award rate for an Actor per week plus a sum of 1% of the minimum weekly award rate for an Actor per week for each pair of shoes provided by the employee.

(6) (a) The employer shall provide skating boots and skates, socks and skate bootlaces for the use of employees whose work includes ice skating; or

(b) Should the employer not provide skating boots and skates the employer shall pay the employee 1% of the minimum weekly award rate for an Actor per week in lieu of such provisions and 0.5%of the minimum weekly award wage for an Actor per week in lieu of socks and laces; provided that this provision shall not apply to Speciality Skating Artists.

(7) All laundry made necessary by the work of the employee for the employer shall be done at the employer's expense.

(8) The employee shall not remove from the theatre costumes or other articles provided by the employer.

(9) Where an employee is required to wear a completely enclosed suit and/or a headpiece such as but not limited to cartoon characters and the like the employee shall not be required to work where the immediate surrounding temperature is in excess of 38 degrees celsius. In on location work the employee shall not be required to work inside such a suit or headpiece for more than 30 minutes at any one time after which the employee shall have a break of 30 minutes before resuming duties inside the suit and/or headpiece. During each said break the employer shall provide or cause to be provided facilities as specified in subclause (6) of Clause 35. - Staff Facilities of this award.

(10) Performers will not be required to dance, either in rehearsal or performance, on a non-dance surface (specifically concrete) unless a work is choreographed for such a surface and then protective footwear must be provided. In the event of the work being rostered to be rehearsed or performed on a non-dance surface, the Union will be notified seven (7) days prior to such performance or rehearsal.


Insert the following as a heading before clause 23 ‘Annual Leave’:

PART 5 - LEAVE

20. - ANNUAL LEAVE

(1) (a) All employees shall be entitled to four weeks' annual leave in respect of each calendar year of service.

(b) Annual leave shall be taken on full pay at the ordinary weekly rate being paid to the employee.

(c) Service for the purposes of the entitlement to annual leave shall commence from the first day of employment for rehearsals.

(2) Where any public holiday falls within such period of leave then an additional day for each such public holiday shall be added to the period of leave.

(3) (a) Annual leave shall be taken at a time fixed by the employer within a period not exceeding three months from the date when the right to annual leave accrued.

(b) As much notice as is practicable shall be given but in any case not less than three weeks' notice to the employee shall be given.

(4) Unless otherwise mutually agreed upon, annual leave shall not be taken whilst the employee is away from the employee's place of residence. If annual leave is given to the employee whilst on tour the employer shall provide air (economy) to travel to the employee's place of residence. Such travelling time shall be outside the employee's period of leave.

(5) Annual leave may, by mutual agreement, be given and taken in two separate periods provided that no such period shall be less than one week.

(6) If so requested by an employee, the employer may allow annual leave to an employee before the right thereto is due but where leave is taken in such a case a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which annual leave had been taken before it accrued.

(7) Where an employee's engagement terminates and the employee has become entitled to annual leave the employer shall be deemed to have given the annual leave (or such portion of it as has not been taken by the employee) from the date of termination of the engagement and shall forthwith pay to the employee, in addition to all other amounts due to the employee, his/her ordinary pay for the period of leave due.

(8) In respect to any period of employment which is less than twelve months such period being computed from the date of the commencement of the engagement (or, where the employee has during the engagement become entitled to annual leave, computed from the date on which the employee became entitled to annual leave), the employer shall forthwith pay to the employee, in addition to all other amounts due to the employee an amount equal to one-twelfth of the employee's ordinary pay for such period of employment.

(9) Each employee before going on annual leave shall be paid wages for the period of leave at the ordinary weekly rate being paid to the employee.

(10) The annual leave provided for by this clause shall be allowed and shall be taken and, except as provided by subclauses (7) and (8) hereof, payment shall not be made or accepted in lieu of annual leave.

(11) Where annual leave has been granted to an employee pursuant to subclause (6) hereof before the right thereto has accrued due and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve months' continuous service in respect of which the annual leave was granted, the employer may deduct the amount of such excess from any remuneration payable to the employee under subclause (3) hereof.

(12) An employee once sent on annual leave shall not be recalled for duty except by mutual agreement between the employer and employee.

(13) An employee once sent on annual leave shall not be required to undertake any preparatory work for the future season.

23. - ANNUAL LEAVE

Note: Annual leave is a minimum condition of employment provided for in the Minimum Conditions of Employment Act 1993.

(1) An employee, other than a casual employee, is entitled for each year of service to paid annual leave for the number of hours the employee is required ordinarily to work in a 4 week period during that year.

(2) A year of service excludes periods of unpaid leave.

(3) Annual leave accrues pro rata on a weekly basis.

(4) Annual leave is cumulative, and any leave not taken in one year is carried over to the next year.

(5) If the period during which an employee takes paid annual leave includes a day or part day that is a public holiday (or day observed in lieu of a public holiday), the employee is taken not to be on paid annual leave on that day.

(6) (a) An employee is to be paid for a period of annual leave at the time payment is made in the normal course of the employment, unless the employee requests in writing that they be paid before the period of leave commences, in which case the employee is to be paid in advance of the leave commencing.

(b) Annual leave is payable at an employee’s ordinary rate of pay.

(7) (a) Annual leave is to be taken at times agreed between the employer and employee.

(b) Where an employer and an employee have not agreed when the employee is to take annual leave, the employer is not to refuse the employee taking, at any time suitable to the employee, any period of annual leave that accrued more than 12 months before that time, provided the employee gives the employer at least 2 weeks’ notice of the period during which the employee intends to take the leave.

(8) (a) The annual leave provided for by this clause shall be allowed and shall be taken by employees.

(b) except as provided by subclause (11), payment shall not be made or accepted in lieu of annual leave.

(9) If annual leave is given to the employee whilst on tour the employer shall pay for airfares (economy) for the employee to travel to the employee’s place of residence. Any travelling time shall be outside the employee’s period of leave.

(10) (a) At the request of an employee, the employer may allow annual leave to be taken in advance.

(b) If the employment of an employee ends before the employee has completed the required service to accrue a period of annual leave granted in advance, the employer may deduct the amount of leave that has not been accrued from any remuneration payable to the employee on termination.

(11) On termination, an employee shall be paid for any untaken annual leave.

(12) An employee shall not be recalled for duty during a period of annual leave, except by mutual agreement between the employer and employee.

(13) An employee shall not be required to undertake any preparatory work for the future season during a period of annual leave.

21. – ANNUAL LEAVE LOADING
24. - ANNUAL LEAVE LOADING

(1) SUBJECT TO SUBCLAUSE (2), ALL EMPLOYEES, OTHER THAN CASUAL EMPLOYEES, SHALL BE PAID AN ANNUAL LEAVE LOADING AT THE RATE OF 17.5% OF THE ORDINARY RATE OF PAY DURING A PERIOD OF ANNUAL LEAVE. PAYMENT OF ANNUAL LEAVE LOADING IS TO BE MADE AT THE SAME TIME THE EMPLOYEE IS PAID FOR ANNUAL LEAVE UNDER SUBCLAUSE (6) OF CLAUSE 23. - ANNUAL LEAVE.

(2) NO LOADING IS PAYABLE ON ANY ANNUAL LEAVE TAKEN IN ADVANCE PURSUANT TO SUBCLAUSE (10) OF CLAUSE 23. – ANNUAL LEAVE; PROVIDED THAT IF THE EMPLOYMENT CONTINUES UNTIL THE EMPLOYEE WOULD HAVE BECOME ENTITLED TO THE ANNUAL LEAVE TAKEN IN ADVANCE, THE LOADING THEN BECOMES PAYABLE IN RESPECT OF THAT LEAVE AND IS TO BE CALCULATED BY APPLYING THE ORDINARY RATE OF PAY APPLICABLE ON THAT DAY.

(3) WHERE PAYMENT IS MADE IN LIEU OF ANNUAL LEAVE IN ACCORDANCE WITH SUBCLAUSE (11) OF CLAUSE 23. - ANNUAL LEAVE OF THIS AWARD:

(A) ANNUAL LEAVE LOADING IS PAYABLE ON PERIODS OF LEAVE RELATING TO COMPLETED YEARS OF SERVICE;

(B) ANNUAL LEAVE LOADING IS NOT PAYABLE ON PERIODS OF LEAVE RELATING TO AN INCOMPLETE YEAR OF SERVICE.

22. - SICK LEAVE - INJURY LEAVE

(1) An employee engaged by the week who is absent from work on account of personal sickness, injury or accident arising other than out of and in the course of the employee's employment shall be entitled to leave of absence without deduction of pay, subject to the following conditions and limitations:

(a) The employee, where practicable and as soon as possible but in any event within 24 hours of the commencement of such absence, shall inform the employer of the inability to attend for duty and as far as practicable, state the nature of the injury or illness and the estimated duration of his/her absence.

(b) Evidence satisfactory to the employer shall be produced by the employee in relation to such absence within 48 hours of the commencement thereof.

(c) The employer may terminate the employee's engagement forthwith if by reason of illness or accident the employee is absent:

(i) During the four weeks prior to opening: from all rehearsal calls on three consecutive days or for an aggregate of five days.

(ii) During the run of the play: from twelve or more performances during a period of three consecutive calendar weeks or from more than sixteen performances during a period of three consecutive calendar months.

(2) An employee engaged by the week absent from work on account of personal sickness, injury or accident arising out of and in the course of the employee's employment shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

(a) Workers Compensation

During the entire period of an employee's employment by the employer the employee shall be insured by the employer under the provisions of the Workers' Compensation and Rehabilitation Act 1981.

(b) Injury/Accident Pay

(i) Every employee to whom this award applies shall, subject to and in accordance with this award, be entitled to accident or injury pay.

(ii) The employer shall observe the conditions hereinafter prescribed namely:

(aa) The employer shall pay and an employee shall be entitled to receive accident or injury pay in accordance with this subclause.

(bb) "Accident pay" means a weekly payment of an amount being the difference between the weekly amount of workers' compensation paid to an employee pursuant to the provisions of the Workers Compensation and Rehabilitation Act 1981 and the wage to which such an employee was entitled at the date of the employee's injury.

(cc) The employer shall pay the employee accident pay where the employee receives an injury for which compensation is payable by or on behalf of the employer pursuant to the provisions of the said Act.

(dd) The employer shall pay, or cause to be paid, accident pay during the incapacity of the employee within the meaning of the said Act until such incapacity ceases or until the expiration of a period of 26 weeks from the date of injury, whichever event shall first occur.

(ee) The termination of the employee's employment for any reason during the period of any incapacity shall in no way affect the liability of the employer to pay accident pay as herein before provided.

(ff) An employee shall not be entitled to any payment under this clause in respect of any period of paid annual leave or long service leave, or for any paid public holiday.

(gg) In the event that an employee receives a lump sum in redemption of weekly payments under the said Act, the liability of the employer to pay accident pay as herein provided shall cease from the date of such redemption.

(hh) Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the said Act, the employee shall be liable to repay to his employer the amount of accident pay which the employer has paid under this subclause and the employee shall not be entitled to any further accident pay thereafter.

(3) Attendance at Hospitals, etc.

Notwithstanding anything contained in subclause (1) of this clause an employee suffering injury through an accident arising out of and in the course of his/her employment requiring his/her attendance for treatment of the injury during working hours:

(a) shall not suffer any loss of pay for the time required for such attendance; and

(b) shall be reimbursed by the employer, subject to the provision of receipts of expenditure, by the following pay week for all expenses incurred in connection with such attendance.

(4) For the purpose of subclause (3) of this clause, attendance for treatment may be attendance for treatment by a person recognised for the purposes of the appropriate State workers' compensation legislation.

25. - PERSONAL LEAVE

Note: Paid and Unpaid Personal leave, including Carer’s Leave, is provided for in the Minimum Conditions of Employment Act 1993.

Entitlement

(1) An employee, other than a casual employee, is entitled for each year of service to paid personal leave for the number of hours the employee is required ordinarily to work in a 2 week period during that year.

(2) A year of service excludes periods of unpaid leave.

(3) Paid personal leave accrues pro rata on a weekly basis.

(4) The entitlement to personal leave is cumulative, and any leave not taken in one year is carried over to the next year.

(5) An employee may take paid personal leave if the employee is unable to work -

(a) because of a personal illness or injury affecting the employee; or

(b) to provide care or support to a member of the employee’s family or household because of

(i) a personal illness or injury; or

(ii) an unexpected emergency.

(6) An employee who is absent on personal leave must be paid the ordinary wages they would have received had they not been on leave.

(7) Evidence

(a) Subject to subclause 7(b), in order to access personal leave, an employee must provide the employer with evidence that would satisfy a reasonable person.

(b) An employee is not required to provide evidence for absences of 2 days or less that are a result of personal illness or injury affecting the employee, unless after 2 such absences in any year of service, the employer requests that any further absences be accompanied by evidence that would satisfy a reasonable person.

Note 1: An employer may request evidence that would satisfy a reasonable person for all absences of 3 days or more that are a result of personal illness or injury affecting an employee.

Note 2: An employer may request evidence that would satisfy a reasonable person for all absences (regardless of duration) that are to provide care or support to a member of the employee’s family or household because of

(i) a personal illness or injury; or

(ii) an unexpected emergency.

(8) (a) An employee is entitled to unpaid personal leave of up to 2 days for each occasion the employee needs to provide care or support to a member of the employee’s family of household because of

(i) a personal illness or injury; or

(ii) an unexpected emergency.

(b) An employee can only take unpaid personal leave under subclause (8)(a) if the employee cannot take paid personal leave for that situation.

Note 1: A weekly employee must exhaust any paid personal leave before they can access unpaid personal leave for caring purposes.

Note 2: A casual employee may access unpaid personal leave for caring purposes.

(9) (a) Injury/Accident Pay

(i) Every employee to whom this award applies shall, subject to and in accordance with this award, be entitled to accident or injury pay.

(ii) The employer shall observe the conditions hereinafter prescribed namely:

(aa) The employer shall pay and an employee shall be entitled to receive accident or injury pay in accordance with this subclause.

(bb) "Accident pay" means a weekly payment of an amount being the difference between the weekly amount of workers' compensation paid to an employee pursuant to the provisions of the Workers Compensation and Injury Management Act 2023 (WA) and the wage to which such an employee was entitled at the date of the employee's injury.

(cc) The employer shall pay the employee accident pay where the employee receives an injury for which compensation is payable by or on behalf of the employer pursuant to the provisions of the said Act.

(dd) The employer shall pay, or cause to be paid, accident pay during the incapacity of the employee within the meaning of the said Act until such incapacity ceases or until the expiration of a period of 26 weeks from the date of injury, whichever event shall first occur.

(ee) The termination of the employee's employment for any reason during the period of any incapacity shall in no way affect the liability of the employer to pay accident pay as herein before provided.

(ff) An employee shall not be entitled to any payment under this clause in respect of any period of paid annual leave or long service leave, or for any paid public holiday.

(gg) In the event that an employee receives a lump sum in redemption of weekly payments under the said Act, the liability of the employer to pay accident pay as herein provided shall cease from the date of such redemption.

(hh) Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the said Act, the employee shall be liable to repay to the employer the amount of accident pay which the employer has paid under this subclause and the employee shall not be entitled to any further accident pay thereafter.

(10) Attendance at Hospitals, etc.

Notwithstanding anything contained in subclause (1) of this clause an employee suffering injury through an accident arising out of and in the course of their employment requiring their attendance for treatment of the injury during working hours:

(a) shall not suffer any loss of pay for the time required for such attendance; and

(b) shall be reimbursed by the employer, subject to the provision of receipts of expenditure, by the following pay week for all expenses incurred in connection with such attendance.

(11) For the purpose of subclause (10) of this clause, attendance for treatment may be attendance for treatment by a person recognised for the purposes of the appropriate State workers' compensation legislation.

32. - COMPASSIONATE LEAVE

(1) An employee shall on the death within Australia of a spouse, child, step-child, father, mother, brother, sister, grandparent, mother-in-law, father-in-law, son-in-law or daughter-in-law be entitled to leave up to and including the day of the funeral of such a relation, and such leave shall be without deduction of pay for the period not exceeding the number of hours worked by the employee in three ordinary days work. Proof of such death shall be furnished by the employee to the satisfaction of the employer. Provided however, that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of leave. For the purpose of this clause the words "wife" and "husband" shall not include a wife or husband from whom the employee is separated but shall include a person who lives with the employee as a de-facto wife or husband or in an established homosexual relationship.

(2) When an employee is required to be absent due to an emergency or special event, such as but not limited to critical illness in the family, the employee shall be entitled to a reasonable amount of leave on full pay, the period to be determined by mutual agreement between the employer and the employee depending on the specific circumstances involved.

26. - BEREAVEMENT LEAVE

NOTE: BEREAVEMENT LEAVE IS A MINIMUM CONDITION OF EMPLOYMENT PROVIDED FOR IN THE MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993.

(1) FOR THE PURPOSE OF THIS CLAUSE, THE DEFINITION OF “MEMBER OF THE EMPLOYEE’S FAMILY OF HOUSEHOLD” IS THAT PROVIDED FOR IN SECTION 3 OF PART 1 OF THE MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993 (WA).

(2) AN EMPLOYEE IS ENTITLED TO PAID BEREAVEMENT LEAVE OF UP TO 3 DAYS ON THE DEATH OF A MEMBER OF THE EMPLOYEE’S FAMILY OR HOUSEHOLD.

(3) THE 3 DAYS NEED NOT BE CONSECUTIVE.

(4) BEREAVEMENT LEAVE IS NOT TO BE TAKEN DURING A PERIOD OF ANY OTHER KIND OF LEAVE.

(5) IF REQUESTED BY THE EMPLOYER, THE EMPLOYEE IS TO PROVIDE EVIDENCE THAT WOULD SATISFY A REASONABLE PERSON AS TO –

(A) THE DEATH THAT IS THE SUBJECT OF THE LEAVE SOUGHT; AND

(b) the relationship of the employee to the deceased person.


27. - PARENTAL LEAVE

PARENTAL LEAVE IS PROVIDED FOR IN DIVISION 5 OF PART 2-2 OF THE FAIR WORK ACT 2009 (CTH) AND THE MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993 (WA).


28. - FAMILY AND DOMESTIC VIOLENCE LEAVE

FAMILY AND DOMESTIC VIOLENCE LEAVE IS PROVIDED FOR IN DIVISION 7 OF PART 2-2 OF THE FAIR WORK ACT 2009 (CTH) AND THE MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993 (WA).

23. - LEAVE FOR INDUSTRIAL RELATIONS PROCEEDINGS

The employer shall grant leave without loss of pay to an employee reasonably required by the Union to attend proceedings pursuant to the Industrial Relations Act, 1979 subject to such leave not preventing the employee appearing in a scheduled rehearsal or performance without the prior consent of the employer.

29. - LEAVE FOR INDUSTRIAL RELATIONS PROCEEDINGS

The employer shall grant leave without loss of pay to an employee reasonably required by the Union to attend proceedings pursuant to the Industrial Relations Act 1979 (WA) subject to such leave not preventing the employee appearing in a scheduled rehearsal or performance without the prior consent of the employer.


Insert the following as a heading before clause 30 ‘Company Meetings’:

PART 6 - OTHER

24. - COMPANY MEETINGS

(1) At the request of the Union the employer shall make time available during working hours for company meetings. As much notice as practical shall be given of any meeting and the scheduling of the meeting shall be at the mutual convenience of the Union and the employer.

(2) Except where such meetings are required to be held to resolve issues raised by the employer, they shall not count as time worked.

30. - COMPANY MEETINGS

(1) At the request of the Union the employer shall make time available during working hours for company meetings. As much notice as practical shall be given of any meeting and the scheduling of the meeting shall be at the mutual convenience of the Union and the employer.

(2) Except where such meetings are required to be held to resolve issues raised by the employer, they shall not count as time worked.
25. - POSTING OF AWARD AND NOTICES

(1) The employer shall cause a copy of this award to be posted up in a suitable conspicuous place in the theatre, hall or other place where employees are performing or rehearsing.

(2) A representative of the Union may post notices and a copy of this award on a board in a reasonable manner in each theatre or other place in which employees are performing or rehearsing.

31. - POSTING OF AWARD AND NOTICES

(1) The employer shall cause a copy of this award to be made available to employees by posting a copy of the award in a suitable conspicuous place in the workplace or by electronic means.

(2) A representative of the Union may post notices on a board in a reasonable manner in each theatre or other place in which employees are performing or rehearsing.
27. - ACCESS FOR UNION REPRESENTATIVES

Any two officers of the Union, either singly or together, and duly authorised in writing by the Secretary or President, shall have access to any place of rehearsal and/or performance to interview employees when they are off duty. The Union representatives shall not attempt to interview any employee on the stage level during any actual performance or rehearsal and shall not detain any employee from making an entrance.

Provided that nothing in this clause shall empower a duly accredited official of the union to enter any part of the premises of the employer, pursuant to this clause, unless the employer is the employer or former employer of a member of the Union.

32. - ACCESS FOR UNION REPRESENTATIVES

(1) Conditions regarding right of entry by authorised representatives of the Union are dealt with in Part II, Division 2G - Right of Entry and inspection by authorised representatives of the Industrial Relations Act 1979 (WA).

Additionally, any two officers of the Union, either singly or together, and duly authorised in writing by the Secretary or President, shall have access to any place of rehearsal and/or performance to interview employees when they are off duty.
28. - UNION MEMBERSHIP

(1) Discriminate in the selection of or retention of employees against members of the Union on the ground of such membership, or because they are not members of any other organisation, union or association.

The employer shall not -

(2) Either directly or indirectly or through the employer's servants or agents seek to induce an employee who is a member of the said Union to cease that membership or to become a member of any other organisation, union or association in lieu.

33. - UNION MEMBERSHIP

(1) The employer shall not –

(a) Discriminate in the selection of or retention of employees against members of the Union on the ground of such membership, or because they are not members of any other organisation, union or association.

(b) Either directly or indirectly or through the employer's servants or agents seek to induce an employee who is a member of the said Union to cease that membership or to become a member of any other organisation, union or association in lieu.

(2) Other conditions concerning freedom of association are set out in Part VIA- Freedom of Association of the Industrial Relations Act 1979 (WA).

29. - HAZARDOUS ACTION

An employee shall not be required to take part in hazardous action or work under hazardous conditions.

34. - HAZARDOUS ACTION AND OFFENCES

(1) An employee shall not be required to take part in hazardous action or work under hazardous conditions.


(2) 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.

35. - AWARD MODERNISATION AND ENTERPRISE AGREEMENTS

(1) The parties are committed to modernising the terms of the Award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

(2) The Union will negotiate all matters raised by employers for increased flexibility. Those negotiations with the Union will be on the premise that:

(a) The majority of employees covered by this award at each enterprise must genuinely agree to the change.

(b) No employee will lose income as a result of the change.

(c) The Union must be party to the agreement, and in particular, where enterprise level discussions are considering matters requiring any award variation, the Union must be invited to participate.

(d) Where the agreement represents the consent of the employer and the majority of the employees concerned, the union will not unreasonably oppose any agreement"

(e) Any agreement shall be subject, where appropriate, to approval by the Western Australian Industrial Relations Commission and, if approved, shall operate as a Schedule to this award and take precedence over any inconsistency.

(f) The disputes procedure will apply if agreement cannot be reached on negotiating a change or on implementing the agreed change.

(3) When an agreement is reached pursuant to subclause (2) at a particular enterprise and that agreement requires award variation the parties will not oppose that award variation for trial particular provision in its application to the particular enterprise.

(4) The parties agree any award matter may be raised for negotiation under this Clause.

(5) The parties agree that working parties will meet and continue to meet with the aim of modernising the award.
CLAUSE DELETED
30. - STAFF FACILITIES

(1) The employer shall provide in all venues for use of employees suitable dressing room facilities (providing mirrors, lockers with hanging space and locks and proper lighting) toilet and washing room facilities acceptable to the Union.

(2) The employer shall ensure that suitable ventilation, heating and air conditioning acceptable to the Union is provided for the use of the employees in studios, dressing rooms and/or stages.

(3) The employer shall provide or cause to be provided facilities and ingredients for making tea or coffee and shall provide a refrigerator.

(4) A suitable rest area, acceptable to the Union shall be provided by the employer in all venues.

(5) There shall be separate dressing rooms for the sexes.

(6) On All On-Location Work

(a) Provision shall be made, wherever an employee is required to change, for separate dressing room areas for the sexes where the employees are concealed and allowed privacy from the general public and where suitable mirrors and lighting are available.

(b) The employer shall ensure that every endeavour is made on the employer's part to protect the employees' personal property.

(c) The employer shall provide or cause to be provided facilities and ingredients for making tea or coffee or where this is difficult or impractical, milk and/or fruit juice and/or soft drinks/cordial shall be provided by the employer at the request of the employee.

(d) A suitable rest area away from the general public acceptable to the Union shall be provided by the employer.

35. - STAFF FACILITIES

(1) The employer shall provide in all venues for use of employees suitable dressing room facilities (providing mirrors, lockers with hanging space and locks and proper lighting) toilet and washing room facilities acceptable to the Union.

(2) The employer shall ensure that suitable ventilation, heating and air conditioning acceptable to the Union is provided for the use of the employees in studios, dressing rooms and/or stages.

(3) The employer shall provide or cause to be provided facilities and ingredients for making tea or coffee and shall provide a refrigerator.

(4) A suitable rest area, acceptable to the Union shall be provided by the employer in all venues.

(5) There shall be separate male and female dressing rooms..

(6) On All On-Location Work

(a) Provision shall be made, wherever an employee is required to change, for separate male and female dressing room areas where the employees are concealed and allowed privacy from the general public and where suitable mirrors and lighting are available.

(b) The employer shall ensure that every endeavour is made on the employer's part to protect the employees' personal property.

(c) The employer shall provide or cause to be provided facilities and ingredients for making tea or coffee or where this is difficult or impractical, milk and/or fruit juice and/or soft drinks/cordial shall be provided by the employer at the request of the employee.

(d) A suitable rest area away from the general public acceptable to the Union shall be provided by the employer.

33. - FIRST AID KIT

In each establishment the employer shall provide and continuously maintain at a place easily accessible to all employees an adequate First Aid Kit.

36. - FIRST AID KIT

In each establishment the employer shall provide and continuously maintain at a place easily accessible to all employees an adequate first aid kit.

APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT

(1) This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).

(2) Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.

(a) The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.

(b) (i) If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.

(ii) Discussions at this level will take place as soon as practicable.

(3) The terms of any agreed settlement should be jointly recorded.

(4) Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved to allow for it.

(5) Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.

(6) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.

37. - DISPUTE RESOLUTION

(1) Subject to this clause, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award.

(a) The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.

(b) (i) If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.

(ii) Discussions at this level will take place as soon as practicable.

(2) The terms of any agreed settlement should be jointly recorded.

(3) Any settlement reached which is contrary to the terms of this award shall not have effect unless and until that conflict is resolved to allow for it.

(4) Nothing in this clause shall be read so as to exclude an organisation party to or bound by the award from representing its members.

(5) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.

SCHEDULE A - STANDARD CONTRACT OF SERVICE FOR SINGLE/SERIES OF PLAYS AND/OR PRODUCTIONS

For the engagement in Western Australia of Artists in legitimate plays, musical plays and revues where the performance is of a substantially whole-time nature.

PART 1

This agreement is made this ………. day of ………. 19 ……….

Between ................................................. Artist's Equity Number …………………….
Name of Artist - hereinafter called the Artist

Artist's JEST (or other Superannuation Fund) Number .................................................

of ......................................................................................................................................Artist's Place of Origin

and .......................................................................................................................................
Name of Management or Employer - hereinafter caller the Employer

of .......................................................................................................................................
Registered Address

Whereby the Employer agrees to engage the Artist under the terms and conditions shown below and overleaf, including Parts 2 and 3 of the contract.

A. PLAY AND CHARACTER TITLES

Name of Production/s (hereinafter called the Play/s) .......................................................................................................................................

The Artist will be employed in the above Play/s:

(i) to rehearse and play the part or parts of ........................................................................................................................
in the said play/s,

OR

(ii) to rehearse and play the part of ........................................................................................................................
and to rehearse and play as understudy such part or parts as may be required by the Employer,

OR

(iii) to rehearse and play such parts in the said play/s as the Employer may call upon the Artist to play,

OR

(iv) to rehearse and play such part or parts and rehearse and play as understudy such part or parts in the said play/s as the Employer may call upon the Artist to play.

N.B.: Three (3) of the paragraphs above A(i), A(ii), A(iii), A(iv), must be deleted and initialled.

B. PERIOD AND LOCATION

Date of first rehearsal (on or about) .......................................................

Length of rehearsal period/s (approximately) .......................................................

Date of opening performance/s (on or about) .......................................................

Specific dates for both commencement of rehearsal and performances will be confirmed by the employer to the employee or his Agent when known.

Employment will be as defined in the Performers Live Award (WA) 1989

(i) Casual

(ii) By the Week

(iii) For the run of the Play in ................................................ venue

(iv) Up to and including ................................................ for the run of the play (single play only) in ................................................

(v) For the run of the Play (Single plays only) in .............................. venue

N.B.: Four (4) of the paragraphs above B(i), B(ii), B(iii), B(iv), B(v), must be deleted and initialled.

C. ENGAGEMENT MONEYS

Rehearsal Salary . . . . . . . . . . . . . . . . . . . $.......................... per week

Playing Salary . . . . . . . . . . . . . . . . . . . . . $.......................... per week

Loadings (see Part 2 Clause 9.)

$.......................... per week

$.......................... per week

$.......................... per week

$.......................... per week

$.......................... per week

TOTAL $.......................... per week

(Any loading or penalties incurred, not listed here must be paid in addition to the playing salary and listed loadings.)

Annual Leave Payment . . . . . . . . . . . . . . . . . . . $.......................... (Four weeks at ordinary weekly rate for each year of service or one twelfth of ordinary pay for periods less than twelve months.)

Travelling Allowance

(if applicable . . . . . . . . . . . . . . . . . . . $.......................... per week

D. SPECIAL CONDITIONS .




Signed by or on behalf of the Employer

Name (please print)

Position

in the presence of

Signed by or on behalf of the Artist

in the presence of

NOTE: Unless the Agent can produce evidence of a Power of Attorney, this contract must be signed by the Artist. The above Artist's name and spelling of same will be used for billing.

PART 2

TERMS AND CONDITIONS

1. The Employer shall pay the fare of the Artist from the "Artist's Place of Origin", as shown in Part 1, to such places in Australia as the Employer may stipulate or arrange as per Clause B of Part 1.

2. The terms and conditions of the Performers Live Award 1989 as altered and/or replaced shall apply and form part of this Agreement as if the same were set forth herein. The terms and conditions of the award include but are not limited to the following:

(a) In the case of a specific engagement for a tour, season or run of the play the employee shall be given not less than three weeks notice in writing of the conclusion of the tour, season or run except where the tour, season or run has been for five weeks or less in which case not less than two weeks notice must be given.

(b) If the Artist has been employed for a period of fourteen months then the engagement may be terminated by either party giving four weeks notice in writing to the other party.

(c) The Employee is engaged exclusively by the Employer and shall not during the engagement perform or otherwise exercise his/her talents for the benefit of any other company, institution or person without written consent of the Employer and that this will not be unreasonably withheld.

(d) The playing salary as set out in Clause C of Part 1 shall be for:

(i) Eight performances of substantially whole time productions. The Artist shall be paid one eighth of his/her weekly wage extra for each performance exceeding eight.

(ii) Twelve performances for "short shows" (Those being shows of not substantially a whole time nature of not more than one hour duration). The Artist shall be paid one tenth of the Artist's weekly wage extra for each performance exceeding twelve.

(iii) In the case of performances exclusively for schools, fifteen performances of shows of no longer than one hour or ten performances of shows of no longer than one and a half hours. Each performance in excess of ten or fifteen (as the case may be) shall be paid for at the rate of one-tenth of the Employee's weekly wage.

(e) In the case of illness:

(i) The Artist should inform the Employer as soon as possible but in any event within twenty-four hours of the nature of the illness and the estimated duration of his/her absence.

(ii) Should the Artist not perform due to illness the Artist shall (if required) submit evidence satisfactory to the Employer within 48 hours.

(iii) If the illness arises out of and in the course of his/her employment, the Artist shall be covered by Worker's Compensation Insurance and be subject to accident pay provisions as set out in Clause 22 of the award.

(f) Overtime, Sunday and Public Holiday rates:

(i) The Artist's negotiated rate of pay shall be the weekly wage for the purposes of calculating hourly rates, overtime, Sunday and Public Holiday rates and any other rates of pay based on the weekly wage.

(ii) Overtime or Penalty rates shall be payable for Sunday or Public Holiday work; work in excess of eight hours in any one day or forty hours in a week; more than eight full time or pantomime performances, or more than twelve short shows or in the case of school shows more than ten one and a half hour shows or fifteen one hour shows.

3. When proceeding on Annual Leave (on completion of 48 weeks service) Artists are entitled to an Annual Leave loading of seventeen and one-half percent of the Annual Leave Payment.

4. One copy of the Agreement duly executed by the Artist shall be retained by the employer (a further copy will be retained for office procedures only); one copy duly executed by the Employer shall be retained by the Artist.

5. The Artist's name and spelling of same in Part 1 will be for billing purposes.

6. The Employer shall contribute to JEST on behalf of the Artist an amount equivalent to three percent of the Artist's ordinary salary. (See Clause 34 of the Performers Live Award (WA) 1989).

7. The Employer shall pay the fare of the Artist from the "Artist's Place of Origin" as shown overleaf, to such places in Australia and elsewhere as the Employer may stipulate or arrange for and also as provided in Clause 1 and 2 set out herein.

8. All engagement moneys as provided for in Clause C overleaf shall be subject to indexation or improvements in any award changes and conditions.

9. Appropriate loadings and allowances shall be detailed in Clause C. Engagement Monies of Part 1 of the Contract.

Check-list of loadings and allowances.

Provision
Description


Cl 7(1)(g)
Acting - Stage Manager/Assistant Stage Manager
Cl 7(1)(i)
Understudy
Cl 7(1)(j)
Understudy performing role
Cl 7(1)(k)
Nudity
Cl 7(1)(l)
Driver
Cl 19(5)&(6)
Wardrobe and Make-up
Cl 21(1)
Annual Leave Loading

This Clause shall not be read as imposing any restriction on the loadings and allowances payable under the terms of the Award.

PART 3

RULES OF THE THEATRE

1. The Artist shall before his/her first performance in each theatre, enter in the Stage-doorkeeper's book his/her address and shall immediately notify any change thereof.

2. Notices from the Management posted on the usual notice board or addressed to the Artist in care of the Stage-doorkeeper or sent to the Artist's last known address will be held to be valid notices.

3. All parts written or printed are the property of the Employer and shall be returned to the Employer whenever notice to that effect is given.

4. The Artist shall comply with the rules of the Theatre at which the company may be rehearsing or performing and with all lawful and reasonable rules made by the Employer in so far as such last-mentioned rules do not conflict with the terms of the Contract.

5. No Artist shall smoke in a prohibited area or use obscene, abusive or insulting language or indulge in unseemly conduct or be in an intoxicated condition in the theatre. Any charge of intemperance shall be made at the time of the offence.

6. No intoxicating liquors will be consumed by the Artist in the Theatre before or during the performance.

7. No Artist shall alter his/her part or omit any portion thereof without the express permission of the Employer or its representative or disobey or neglect to carry out the directions of the Stage Manager or Musical Director.

8. The Artist shall not introduce into his/her performance any material not previously approved by the Employer, and where any additional material is introduced by the Artist with the Employer's consent the Artist warrants that he/she has the right to use such material and is not infringing any copyright. The Artist agrees to indemnify the Employer against any claim made in the event of such infringement. When any such material is the property of the Artist it shall remain so. The Artist shall not introduce into his/her performance any words not in the script, and in the event of infringement or breach hereof shall be liable for and on demand pay the amount of all damages, penalties and costs incurred by the Employer.

9. The Artist shall be in the theatre throughout the half hour immediately before the rise of the curtain and shall remain until the fall thereof unless (in either case) the Artist has the express permission of the Employer to be absent.

10. No Artist shall without the express permission of the Employer or its representative:

(i) Go into the front of the Theatre or other place of entertainment at which he/she is performing immediately prior to his/her performance or during the performance or address the audience;

(ii) Bring anyone not engaged in the Theatre behind the scenes.


11. The Artist shall be ready to begin at the advertised time and shall not keep the stage waiting at any other part of the performance.

12. The Artist shall not go on or off the stage at any other time or place or in any other situation than that settled at rehearsal or leave the stage before the proper exit or neglect to wear the dress or hair-style and colour decided on by the employer or wear apparel inconsistent with the character represented or create unnecessary noise or disturbance behind the scenes or in the dressing rooms.

13. PENALTY FOR BREACH OF DUTY

An Employer may at his/her discretion inflict a fine not exceeding an amount equal to one and a half hours of the weekly rate of pay prescribed by this award upon an employee for any unpunctuality or missing of an entrance, or any dereliction of duty during a performance and/or rehearsal. Provided that whenever a monetary penalty is deducted from an employee's wage the employer shall when paying the employee give a written notice to the employee so penalised stating the amount of the fine and the offence committed and the date thereof and the employee shall have the right of appeal to a committee of two, one member to be nominated by the employee and the other by the employer or his/her representative and should they fail to agree they shall refer the matter for final decision to the Registrar of the Western Australian Industrial Relations Commission. The amount of any such fine shall be paid within one month by the employer to the Actors and Artists Benevolent Fund (Inc.).

SCHEDULE DELETED

SCHEDULE B - STANDARD CONTRACT OF SERVICE FOR CASUAL PERFORMANCES

For the engagement in Western Australia of Artists in variety performances, legitimate plays, musical plays and revues where the performance is not of a substantially whole-time nature.

PART 1

This agreement is made this ………. day of ………. 19 ……….

Between ................................................. Artist's Equity Number …………………….
Name of Artist - hereinafter called the Artist

Artist's JEST (or other Superannuation Fund) Number .................................................

of ...................................................................................................................................... Artist's Place of Origin

and .......................................................................................................................................
Name of Management or Employer - hereinafter caller the Employer

of .......................................................................................................................................
Registered Address

Whereby the Employer agrees to engage the Artist under the terms and conditions shown below and overleaf.

A. VENUE

Name of Venue ........................................................................................................................

B. PERFORMANCE TYPE

The Artist is engaged as ........................................................................................................................

C. PERIOD

(i) Date of performance (if one date only ……………………………………….

(ii) Dates of performances (if more than one date) ……………………………………….

......................................................................
............................................................................................................................................

D. NUDITY

(a) The Artist hereby agrees to perform in a nude or semi nude capacity.

(b) The Artist shall not perform in a nude or semi nude capacity.

NOTE: ONE OF THESE CLAUSES MUST BE DELETED.


E. ENGAGEMENT MONEYS

Rehearsal Salary (if rehearsal required)
$ ................


Artist's fee
$ ................
(a)
per performance of three (3) hours.
(inclusive of playing salary, annual leave payment)

(b)(i)
per spot of ….... minutes approx


(ii)
number of spots …....



ONE OF THESE CLAUSES, (a) or (b) MUST BE DELETED

F. SPECIAL CONDITIONS

Signed by or on behalf of the Employer

..............................................................................................................................

in the presence of ..............................................................................................................................

Signed by or on behalf of the Artist ........................................................................................................................

in the presence of ..............................................................................................................................

NOTE: Unless the Agent can produce evidence of a power of Attorney, this contract must be signed by the Artist. The above Artist's name and spelling of same will be used for billing.

PART 2

TERMS AND CONDITIONS

1. The terms and conditions of the Performers Live Award (WA) 1989 shall apply and form part of this agreement as if the same were set forth herein.

2. The Employer agrees to pay the Artist in full not later than 15 minutes after the actual completion of the Artist's performance and to pay in cash.

3. If the act consists of more than one person the member of the act signing this agreement as or on behalf of the Artist/s warrants that he/she has been authorised by the remaining member or members of the said act to sign this agreement on his, her or their behalf.

4. The Employer agrees that there will be no broadcasting, telecasting, recording, filming, taping or photographing of any performance or portion thereof without the Artist/s and the Union's written consent.

5. One copy of this agreement duly executed by the Artist shall be retained by the Employer; one copy duly executed by the Employer shall be retained by the Artist.

6. Only upon receipt of both Artist's copy and booking fee (if applicable) to the Artist or the Artist's agent can the engagement be confirmed.

7. To cancel this booking ten days clear notice must be given.

8. By mutual agreement the dates and times for rehearsal and/or performance may be varied without prejudicing or affecting the other terms and conditions of this agreement.

9. Words importing the masculine gender shall be deemed to include the feminine gender and the singular to include the plural and vice-versa unless there is something repugnant or inconsistent with such interpretation.

10. The Employer shall contribute to JEST on behalf of the Artist an amount equivalent to three percent of the Artist's ordinary salary. (See Clause 34 of the Performers Live Award (WA) 1993 as amended).

SCHEDULE DELETED
SCHEDULE C - PARTIES TO THE AWARD

OPERA, MUSIC THEATRE



The Gilbert and Sullivan Society of Western Australia (Inc.)
82 Cambridge Street
LEEDERVILLE WA 6007
The Music Theatre Company of W.A. (Inc,)
Administrator
32 Richardson Street
WEST PERTH WA 6004


DANCE



2 Dance Plus Ltd
Mosman Park Memorial Hall
12 Lochee Road
MOSMAN PARK WA 6012
lntertainment
80 Casserly Drive
LEEMING WA 6149
Danza Viva Spanish Dance Company Inc.
Shop 13, Piccadilly Square
PERTH WA 6000
Jacoba Productions
30 Tyrell Street
NEDLANDS WA 6009


THEATRE



Curtin University of Technology
Kent Street
BENTLEY WA 6102
Playback Theatre of Western Australia (Inc.)
23 Angwin Street
EAST FREMANTLE WA 6158
Patch Incorporated
443 Albany Hwy
VICTORIA PARK WA 6100
Queens Park Theatre
Cathedral Avenue
GERALDTON WA 6530
Albany Town Hall Theatre
221 York Street
ALBANY WA 6330
Firelake Production Services
345 Guildford Road
BAYSWATER WA 6053
Townring Pty Ltd
15 Rivett Way
BRENTWOOD WA 6153
Theatre Zart Ltd
223 Eighth Avenue
INGLEWOOD WA 6052
Eliza Productions Pty Ltd
11 Hawkins Avenue
SORRENTO WA 6020
The Effie Crump Theatre Incorporated
81 Brisbane Street
NORTHBRIDGE WA 6003


PUPPETRY



Spare Parts Theatre (Inc.)
1 Short Street
FREMANTLE WA 6160
The Black String Puppet Theatre
29 Innamincka Road
GREENMOUNT WA 6065


CIRCUS, CLOWNS, MAGIC



Suitcase Circus
Walcott Street
MOUNT LAWLEY WA 6050



RESTAURANTS





Mulberry Farm
34 Hamersley Road
CAVERSHAM WA 6055



TAVERNS



Seaview Tavern
282 South Terrace
SOUTH FREMANTLE WA 6162



THEME PARKS



Pioneer World
Albany Hwy (Cnr Southwest Highway)
ARMADALE WA 6112
Adventureworld
179 Forrest Road
BIBRA LAKE WA 6163


FESTIVALS



ArtrageArts House
Perth Cultural Centre
PERTH WA 6000



NIGHTCLUBS, REVUES, AND CABARETS



Limbo Dance Club
232 William Street
PERTH WA 6000
Fly By Night Club
24 Holdsworth Street
FREMANTLE WA 6160
Sylvesters Night Club - Cabaret
52 Hannon Street
KALGOORLIE WA 6430
Theatre Night Clubs
120 York Street
ALBANY WA 6330
Raunchy Promotions (Australia) Pty Ltd
148 Scarborough Beach Road
MOUNT HAWTHORN WA 6016
Pelsaert's
60 Fitzgerald Street
GERALDTON WA 6530
Metropolis Concert Night Club
58 South Terrace
FREMANTLE WA 6160



RETAIL STORES, SHOPPING CENTRES, MARKETS



Karrinyup Shopping Centre
Karrinyup Road
KARRINYUP WA 6018
Carousel Shopping Centre
1382 Albany Highway
CANNINGTON WA 6107
St Martins Properties (Australia) Pty Ltd
25th Floor,
St Martins Tower
44 St George's Terrace
PERTH WA 6000
City Centre Markets
726 Hay Street
PERTH WA 6000
Subiaco Pavilion
2 Rokeby Road
SUBIACO WA 6008
Myer WA Stores Pty Ltd
200 Murray Street
PERTH WA 6000
Myer Stores Ltd
295 Lonsdale Street
MELBOURNE VIC 3000



PUBLIC RELATIONS AND PROMOTIONS



Ward Holt Pty Ltd
1131 Hay Street
WEST PERTH WA 6005



CLUBS



East Perth Football Club Incorporated
Perth Oval
PERTH WA 6000
Royal Perth Yacht Club of WA (Inc.),
Australia II Drive
CRAWLEY WA 6009
Perth Wildcats Pty Ltd
588 Hay Street
SUBIACO WA 6008
Melville Glades Golf Club
Beasley Road
LEEMING WA 6149
Mosman Park Bowling Club
Bay View Terrace
MOSMAN PARK WA 6012
Olympic Kingsway Sports Club
Lot 7993 Kingsway Road
WANNEROO WA 6065
The Irish Club of WA Incorporated
61 Townshend Road
SUBIACO WA 6008
Fremantle Workers Social & Leisure Club
5 Henry Street
FREMANTLE WA 6160
Italian Club (WA)
219 Fitzgerald Street
PERTH WA 6000
Alcoa Club Kwinana (Inc.)
19 Hope Valley Road
KWINANA WA 6167


FUNCTIONS, WEDDINGS, DANCES, SOCIALS

Carlisle Function Centre
174 Rutland Avenue
CARLISLE WA 6101



SHIPS AND FERRIES



Captain Cook Cruises
No. 3 Jetty,
Barrack Street
PERTH WA 6000
Boat Torque Cruises Pty Ltd
Pier 4
Barrack Street Jetty
PERTH WA 6000


ENTERTAINMENT PROMOTERS, ENTREPRENEURS, AGENTS, BANDLEADERS, ENTERTAINMENT CONTRACTORS/DIRECTORS


Claire Condry Publicity & Promotions
2 Seaview Terrace
COTTESLOE WA 6011
Joyce Spiers Modelling & Casting Agency
858 Hay Street
PERTH WA 6000
Paul Gadenne Enterprises Pty Ltd
5 Tyne Crescent
WANNEROO WA 6065
Fremantle Arts Foundation Limited
8 Phillimore Street
FREMANTLE WA 6160
Band Booking Centre
53 Rathay Street
VICTORIA PARK WA 6100
Leslie Hinton
Entertainment Agency
Suite 7 / 108 Rokeby Road
SUBIACO WA 6008


SCHOOLS, UNIVERSITIES, COLLEGES



Wrightson Dance Studios
41 Great Eastern Hwy
RIVERVALE WA 6103
The Johnny Young Talent School of WA
175 Hay Street
EAST PERTH WA 6004
Penrhos College
6 Morrison Street
COMO WA 6152
Curtin University of Technology
Kent Street
BENTLEY WA 6102
Christ Church Grammar School
Queenslea Drive
CLAREMONT WA 6010



ARENAS, RECREATION CENTRES, AND OPEN-AIR VENUES


The Royal Agricultural Society of W.A. (Inc.)
Claremont Showgrounds
CLAREMONT WA 6010



DISC JOCKEYS



Christopher Stanley Fayle
28 Priestley Street
EMBLETON WA 6062


CORPORATE TRAINING AND PSYCHOLOGY COUNSELLING


Aragon and Associates
297 Hay Street
EAST PERTH WA 6004



UNION PARTY TO THE AWARD



The Media, Entertainment and Arts Alliance of Western Australia (Union of Employees)
224 Stirling Street
PERTH WA 6000




SCHEDULE A - PARTIES TO THE AWARD

OPERA, MUSIC THEATRE



The Gilbert and Sullivan Society of Western Australia (Inc.)
82 Cambridge Street
LEEDERVILLE WA 6007
The Music Theatre Company of W.A. (Inc,)
Administrator
32 Richardson Street
WEST PERTH WA 6004


DANCE



Danza Viva Spanish Dance Company Inc.
Shop 13, Piccadilly Square
PERTH WA 6000
Jacoba Productions
30 Tyrell Street
NEDLANDS WA 6009


THEATRE



Curtin University of Technology
Kent Street
BENTLEY WA 6102

Perth Playback Theatre Inc.
23 Angwin Street
EAST FREMANTLE WA 6158

Patch Incorporated
443 Albany Hwy
VICTORIA PARK WA 6100

Queens Park Theatre
Cathedral Avenue
GERALDTON WA 6530

Albany Town Hall Theatre
221 York Street
ALBANY WA 6330




PUPPETRY



Spare Parts Puppet Theatre (Inc.)
1 Short Street
FREMANTLE WA 6160
The Black String Puppet Theatre
29 Innamincka Road
GREENMOUNT WA 6065


CIRCUS, CLOWNS, MAGIC



Suitcase Circus
Walcott Street
MOUNT LAWLEY WA 6050



RESTAURANTS



Blarney Castle
Newcastle Street (Cnr Stirling Street)
PERTH WA 6000

Churchills Restaurant Perth
Rear 5 St George's Terrace
PERTH WA 6000

Mulberry Farm
34 Hamersley Road
CAVERSHAM WA 6055



TAVERNS



Seaview Tavern
282 South Terrace
SOUTH FREMANTLE WA 6162



THEME PARKS



Adventureworld
179 Forrest Road
BIBRA LAKE WA 6163



FESTIVALS



ArtrageArts House
Perth Cultural Centre
PERTH WA 6000



NIGHTCLUBS, REVUES, AND CABARETS


Sylvesters Night Club - Cabaret
52 Hannon Street
KALGOORLIE WA 6430

Fly By Night Musicians Club Limited
24 Holdsworth Street
FREMANTLE WA 6160

Metropolis Concert Night Club
58 South Terrace
FREMANTLE WA 6160

Theatre Night Clubs
120 York Street
ALBANY WA 6330

Pelsaert's
60 Fitzgerald Street
GERALDTON WA 6530



RETAIL STORES, SHOPPING CENTRES, MARKETS


Karrinyup Shopping Centre
Karrinyup Road
KARRINYUP WA 6018


St Martins Properties (Australia) Pty Ltd
25th Floor,
St Martins Tower
44 St George's Terrace
PERTH WA 6000


Carousel Shopping Centre
1382 Albany Highway
CANNINGTON WA 6107


Myer Stores Ltd
295 Lonsdale Street
MELBOURNE VIC 3000



PUBLIC RELATIONS AND PROMOTIONS


Ward Holt Pty Ltd
1131 Hay Street
WEST PERTH WA 6005



CLUBS



East Perth Football Club Incorporated
Perth Oval
PERTH WA 6000

Royal Perth Yacht Club of WA (Inc.),
Australia II Drive
CRAWLEY WA 6009

Mosman Park Bowling Club
Bay View Terrace
MOSMAN PARK WA 6012

Melville Glades Golf Club
Beasley Road
LEEMING WA 6149
The Irish Club of WA Incorporated
61 Townshend Road
SUBIACO WA 6008

Olympic Kingsway Sports Club
Lot 7993 Kingsway Road
WANNEROO WA 6065

WA Italian Club Inc
219 Fitzgerald Street
PERTH WA 6000

Fremantle Workers Social & Leisure Club
5 Henry Street
FREMANTLE WA 6160



SHIPS AND FERRIES



Captain Cook Cruises
No. 3 Jetty,
Barrack Street
PERTH WA 6000



ENTERTAINMENT PROMOTERS, ENTREPRENEURS, AGENTS, BANDLEADERS, ENTERTAINMENT CONTRACTORS/DIRECTORS


Claire Condry Publicity & Promotions
2 Seaview Terrace
COTTESLOE WA 6011

The Artists’ Foundation of Western Australia Limited
8 Phillimore Street
FREMANTLE WA 6160

Band Booking Centre
53 Rathay Street
VICTORIA PARK WA 6100
Leslie Hinton
Entertainment Agency
Suite 7 / 108 Rokeby Road
SUBIACO WA 6008


SCHOOLS, UNIVERSITIES, COLLEGES
Penrhos College
6 Morrison Street
COMO WA 6152

Curtin University of Technology
Kent Street
BENTLEY WA 6102

Christ Church Grammar School
Queenslea Drive
CLAREMONT WA 6010



ARENAS, RECREATION CENTRES, AND OPEN-AIR VENUES
The Royal Agricultural Society of W.A. (Inc.)
Claremont Showgrounds
CLAREMONT WA 6010



UNION PARTY TO THE AWARD



The Media, Entertainment and Arts Alliance of Western Australia (Union of Employees)
Level 4, 445 Hay Street
PERTH WA 6000








APPENDIX - S.49B - INSPECTION OF RECORDS REQUIREMENTS

(1) Where this award, order or industrial agreement empowers a representative of an organisation of employees party to this award, order or industrial agreement to inspect the time and wages records of an employee or former employee, that power shall be exercised subject to the Industrial Relations (General) Regulations 1997 (as may be amended from time to time) and the following:

(a) The employer may refuse the representative access to the records if: -

(i) the employer is of the opinion that access to the records by the representative of the organisation would infringe the privacy of persons who are not members of the organisation; and

(ii) the employer undertakes to produce the records to an Industrial Inspector within 48 hours of being notified of the requirement to inspect by the representative.

(b) The power of inspection may only be exercised by a representative of an organisation of employees authorised for the purpose in accordance with the rules of the organisation.

(c) Before exercising a power of inspection, the representative shall give reasonable notice of not less than 24 hours to an employer.

APPENDIX DELETED