BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(820)

SERIAL C0512

ACTORS (THEATRICAL) (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.

(No. IRC 811 of 2001)

Before the Honourable Justice Marks

27 July 2001

REVIEWED AWARD

PART 1 - APPLICATION AND OPERATION OF AWARD

1. AWARD TITLE

This award shall be referred to as the Actors (Theatrical) (State) Award.

2. ARRANGEMENT

This award is arranged as follows:

Part 1 - Application and operation of award

1. Award title

2. Arrangement

3. Anti-discrimination

4. Definitions

5. Commencement date of award and period of operation

6. Coverage of award

6.1 Who the award applies to

6.2 Persons, Organisations, Industries & Employers Exempted from Coverage

7. Date the award starts

Part 2 - Award flexibility

8. Index of facilitative provisions

9. Enterprise flexibility provision

Part 3 - Communication, consultation and dispute resolution

10. Consultation and communication procedures

11. Dispute resolution

Part 4 - Employer and employees’ duties, employment relationship and related arrangements

12. Terms of engagement

12.1 Non-specific engagement

12.2 Specific engagement

12.3 Failure to produce or present production

12.4 Contract of engagement

12.5 Conclusion of engagement

12.6 Work done after the expiration of engagement

12.7 Engagement by the week

12.8 Lay-off

12.9 Payments made in broken week

12.10 Requirement to appear nude or semi-nude

12.11 Employee no longer required for specific part

12.12 Special attendances-publicity

12.13 Engagement is for live performances

12.14 Archival recordings

12.15 Travel away from place of engagement

13. Auditions

14. Stand down of employees

14.1 Notification of stand down to employee and association

14.2 Continuity of service during stand down

14.3 Request for payment on notification of stand down

14.4 Obtaining other employment while stood down

14.5 Payment for public holiday’s while stood down

15. Termination of employment & redundancy

15.1 Termination of employment

15.2 Redundancy

Part 5 - Wages and related matters

16. Classifications and wage rates

16.1 Classifications

16.2 Wage rates

16.3 Payment in lieu of meals during travel

16.4 Travel to and from airports

16.5 Use of private transport when travelling

16.6 Travel time

16.7 Use of private transport on official duties

16.8 Transportation of luggage

16.9 Requirement to appear in costume etc.

16.10 Wardrobe and make-up

16.11 Juveniles

16.12 Payment for attending rehearsals

16.13 Juniors - engaged casually

16.14 Cancellation of engagement

16.15 State Wage cases

16.16 Overaward Payment

17. Payment of wages

18. Superannuation

18.1 Superannuation contributions

18.2 Membership of a scheme

18.3 Definitions

Part 6 - Hours of work, breaks, overtime, shift work, weekend work, public holidays

19. Hours of work and time off

20. Organisation of work

21. Number of performances

22. Breaks, meal intervals and allowances

23. Overtime

23.1 Engaged by the week or for a longer period

23.2 Engaged casually other than supernumeraries

23.3 General - applicable to weekly or casual engagements

24. Sundays and public holidays

24.1 Payment for employees engaged by the week or for a longer period

24.2 Payment for employees engaged casually

24.3 Prescribed public holidays

24.4 Christmas Day falling on a Saturday or Sunday

24.5 Boxing Day falling on a Saturday or Sunday

24.6 New Year’s Day or Australia Day falling on a Saturday or Sunday

24.7 Additional holidays

25. Rosters

Part 7 - Leave of absence and annual holidays

26. Annual leave

26.1 General entitlement

26.2 Annual leave exclusive of public holidays

26.3 Time of taking annual leave

26.4 Annual leave taken before due date

26.5 Termination taken prior to twelve months service, where annual leave is taken before due date

26.6 Proportionate annual leave on termination

26.7 Employment of less than twelve months

26.8 Payment for annual leave

26.9 Annual leave to be taken

26.10 Recall from annual leave

26.11 Preparatory work whilst on annual leave

26.12 Annual leave loading

27. Sick leave - injury leave

27.1 Notice of inability to attend

27.2 Termination of engagement

27.3 Attendance at hospitals etc.

28. Leave for consultative meetings

29. Bereavement leave, Parental leave & Personal/Carer’s leave

29.1 Bereavement leave

29.2 Maternity, Paternity & Adoption leave

29.3 Personal/Carer’s leave

Part 8 - Transfers, travelling and working away from usual place of work

30. Travelling

30.1 Air travel

30.2 Country tours

30.3 Accommodation

30.4 Reimbursement to be made weekly, or otherwise by agreement

30.5 Cash allowance in lieu of reimbursement for expenses

30.6 Dispute settlement

30.7 Notice of travel to be given

30.8 Meals

30.9 Incidental allowance

30.10 Eligibility

30.11 Employees engaged casually

31. School tours

31.1 Hours of work

31.2 Number of performances

31.3 Travelling

31.4 Rates of pay

32. Time Books to be Kept

Part 9 - Accident Pay-Workers compensation

33. Accident pay - workers compensation

33.1 Injury/accident pay

SCHEDULE A - Standard Contract of Service for Single Plays and/or Productions

3. ANTI-DISCRIMINATION

(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

(4) Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti-discrimination legislation;

(b) offering or providing junior rates of pay to persons under 21 years of age;

(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

(d) a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

NOTES

(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

4. DEFINITIONS

4.1 Association means the Media, Entertainment and Arts Alliance.

4.2 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.

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

4.4 Engaged by the week means being engaged for at least a week of employment terminable only in the manner prescribed by clause 12 - Terms of engagement, of this award, or being engaged for employment to last longer than a week.

4.5 Engaged casually means being engaged for less than one week.

4.6 Engagement means the period during which the employee is engaged to rehearse, play and perform.

4.7 Local show means a show specified as such by the employer where the production is scheduled to take place in one location only and where the employer shall engage for such production only employees who reside in that local area.

4.8 Juvenile means any person under 16 years of age.

4.9 Negotiated rate of pay or negotiated rate means the rate of wage per week or per performance or per hour paid to an employee and is exclusive of any overtime or additional payments such as, but not limited to understudy loadings, overtime, public holiday remuneration, additional wardrobe allowance, stage managers allowance and the appropriate on-tour or travelling allowances.

4.10 Ordinary salary for the purposes of the annual leave clause and annual leave loading clause and superannuation clause shall mean:

4.10.1 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 overtime, travel, meals or wardrobe allowances and the like, or annual leave loading.

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

4.11 Place of residence means the place where an employee ordinarily resides. An employer may request an employee to state his or her place of residence at the time of audition or engagement.

4.12 Pantomime means a production with an appeal primarily for children 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.

4.13 Performance means a performance given by employees in person before an audience.

4.14 Playing means taking part in an actual performance.

4.15 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 of productions and commences on the first day of the employee’s rehearsal for the production or productions and concludes on the last day or night of the presentation of the production or productions in such city, cities, town or towns or states of 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 return season.

4.16 Semi-nude condition means where an employee is required to appear nude except for the wearing of g-strings, pastiches, etc. or is required to appear clothed in such a manner as to expose areas of the body which have sexual connotations.

4.17 Suitable accommodation means single room modern motel or serviced apartment accommodation with private facilities provided that where an employee is required to stay longer than one week in a single location the accommodation must contain cooking facilities;

4.18 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.

4.19 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 in question calculated pro rata for the time for which the payment is to be made.

4.20 Time out and lay off time shall mean the time in which a production is moved from one venue to another.

4.21 Wages means the rate of wage per week or per performance 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.

4.22 Weekly wage for the purposes of clause 21 - Number of performances, and clause 23 - Overtime, shall mean:

4.22.1 For a performer earning less than one-third above the award minimum his or her ordinary rate of pay shall be the negotiated 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.

4.22.2 For a performer earning one-third or more above the award minimum rates of pay, 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.

4.23 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.

5. COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION

The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 18 July 2001.

6. COVERAGE OF AWARD

6.1 Who the award applies to:

6.1.1 This award shall apply to all employees of the classifications mentioned in clause 16.1 - Classifications, within the jurisdiction of the Actors, &c. (State) Industrial Committee, as set out in 6.1.2 of this clause, excluding the County of Yancowinna, and excluding persons employed casually under the Club industry (Variety Artists) (State) Award.

6.1.2 Actors, &c. (State) Industrial Committee: Industries and Callings - Actors, actresses, aquatic artistes, circus artistes, comedians, comediennes, comperes, dancers, members of a ballet or chorus, puppet or marionette manipulators, singers, showgirls, skaters, specialty artistes, striptease artistes, supernumeraries (extras), variety artistes, vaudeville artistes, understudies and instrumental musical artistes other than a player of a piano or organ or of an instrument in an orchestra or band and who does not sing, dance or mime or speak during his or her work and models other than photographic fashion or artist’s models or models who come within the constitution of the Models and Mannequins (State) Industrial Committee or the Retail Employees (State) Industrial Committee, in the State, excluding the County of Yancowinna.

6.2 Persons, Organisations, Industries and Employers Exempted from Coverage

6.2.1 Notwithstanding the provisions of subclause 6.1 - Coverage of Award, the only parts of this award which shall apply to any employee whose ordinary weekly wage exceeds the "upper salary limit figure" defined in 6.2.3 of this clause, and who does not come under the provisions of 6.2.2 of this clause shall be:

(i) subclause 6.1 - Coverage of Award;

(ii) clause 18 - Superannuation;

(iii) clause 26 - Annual Leave;

(iv) subclause 26.12 - Annual Leave Loading;

(v) subclause 30.1 of clause 30 - Travelling;

(vi) subclause 31.4 of clause 31 - School Tours.

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

(i) clause 6 - Coverage of Award;

(ii) subclause 30.1 of clause 30 - Travelling.

6.2.3 The "upper salary limit figure" shall be equivalent to the rate prescribed in subclause 16.2 - Wage Rates for a Category 1 Grade 1 Performer plus three times such rate additional.

6.2.4 Notwithstanding the provisions of this clause and without determining the application of this award to persons not specifically covered by this provision employed in retail shops, this award shall not apply to persons employed as a Santa Claus by a retailer in a retial shop.

6.2.5 Old Sydney Town

The provisions of the following clauses shall not apply to employees at Old Sydney Town:

(i) subclauses 12.3, 12.5 and 12.9 of clause 12 - Terms of Engagement;

(ii) subclauses 17.3 and 17.6 of clause 17 - Payment of Wages;

(iii) clause 22 - Meal Intervals and Allowances, shall not apply to Old Sydney Town where a half hour paid lunch break shall apply. This lunch break shall be taken between midday and 1.30pm or, by agreement between the employer and the employee(s), between midday and 2.00pm.

(iv) 24.1.3 and 24.1.4 of clause 24 - Sundays and Public Holidays, which refer to certain penalty payments for public holidays shall be taken as an average of the amounts prescribed in the said paragraphs 24.1.3 and 24.1.4.

7. DATE THE AWARD STARTS

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Actors (Theatrical) (State) Award 1997 published 24 September 1999 (310 I.G. 1021) and all variations thereof.

This award remains in force until varied or rescinded, the period for which it was made having already expired.

PART 2 - AWARD FLEXIBILITY

8. INDEX OF FACILITATIVE PROVISIONS

8.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an individual employer and an employee, or the majority of employees, in the enterprise or part of the enterprise concerned.

8.2 Facilitative provisions in this award are contained in the following clauses:

Clause title	Clause number
Payment of wages	17
Special attendance - publicity	12.13
Organisation of work	20
Breaks, meal intervals and allowances	22
Annual leave	26
Travelling	30
School tours	31

9. ENTERPRISE FLEXIBILITY PROVISIONS

Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs, the following process will apply:

9.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace will be established.

9.2 For the purpose of the consultative process the employees may nominate the Union or another to represent them.

9.3 Where agreement is reached, an application will be made to the Commission.

PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION

10. CONSULTATION AND COMMUNICATION PROCEDURES

10.1 At each enterprise covered by this award the employer and employees and, if appropriate an appropriate representative including the union bound by this award, may establish a mechanism and procedures which enables them to communicate and consult about matters arising out of this award.

10.2 The award will be exhibited by each employer on his/her premises in a place accessible to all employees.

10.3 The employer will permit the posting of notices on a notice board in the theatre, hall or other place where employees are performing or rehearsing, to facilitate communication between employees and/or their union representatives.

11. DISPUTE RESOLUTION

11.1 Subject to the rights of the parties to notify any dispute to the Industrial Relations Commission of New South Wales at any time, any dispute arising from work performed under this award will be dealt with as follows:

11.2 As soon as practicable after the dispute or claim has arisen, the employee/s concerned will take up the matter with their immediate supervisor affording them the opportunity to remedy the cause of the dispute;

11.3 Where any such attempt at settlement has failed to achieve a satisfactory resolution, or where the matter in dispute is of such a nature that direct discussions between the employee/s and their immediate supervisor are inappropriate, the employee/s may notify a duly authorised representative of MEAA or other representative who will take up the matter with the employer or their representative;

11.4 If the matter is not then satisfactorily resolved the matter will be submitted to the Industrial Relations Commission of New South Wales for settlement.

PART 4 - EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

12. TERMS OF ENGAGEMENT

12.1 Non-specific engagement

12.1.1 In the case of employees not specifically engaged for a run of the play or for a particular period, and not paid the rates for those casually engaged, the employment will only be terminated on either side by two weeks notice or by the payment or forfeiture of two weeks wages. Such notice will 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 will be given at any time during the week and the employee will only be entitled to payment pro rata for the time up to the expiration of the notice.

12.2 Specific engagement

12.2.1 In the case of a specific engagement for a 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.

12.2.2 In the case of a specific engagement for a run of the play or for a particular period the ordinary rules of law relating to contracts shall apply and be binding on both employer and employee.

12.2.3 Provided that in the cases of 12.2.1 and 12.2.2 hereof, if the employee has been employed by the employer for a consecutive period of fourteen 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. Such notice shall not be given so as to take effect while the company in which the employee is performing is in New Zealand, Tasmania, Perth or Newcastle or is in direct transit between any such places.

12.3 Failure to produce or present production

If the employer fails to produce or present the production for which the employee is definitely engaged or if the run of the play 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.

12.4 Contract of engagement

12.4.1 An employee may only be engaged for a run of the play or the particular period if such engagement is confirmed in writing.

12.4.3 Where a contract is issued with terms and special conditions inconsistent with the standard contract form prescribed by this award, such terms and special conditions shall be void to the extent of the inconsistency, and shall be deemed to be in the form prescribed.

12.5 Conclusion of engagement

12.5.1 At the conclusion of the run of the play or the particular period for which the employee was engaged, the employer must pay the cost of returning the employee to the place of engagement.

12.5.2 Should the employee leave the employer’s employ during the course of a run of the play or particular period for which he or she has been specifically engaged, except as provided in 12.2.3 hereof, such employee shall be responsible for his or her own return fare unless such leaving is justified by and 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.

12.6 Work done after the expiration of engagement

If any work is done by an employee for the employer after the time of the expiration of the notice under 12.1, 12.2.1 or 12.2.3 hereof, or after the expiration of a particular period in accordance with 12.2.2 hereof as the case may be, otherwise than in pursuance of a separate weekly or run of the play engagement or an engagement for a particular period, it shall be paid for at casual rates or at one-sixth plus 15 per cent of his or her negotiated rate (per performance), whichever is the greater.

12.7 Engagement by the week

Employees to become entitled to be treated as being engaged by the week 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.

12.8 Lay-off

The employer shall have the right to lay-off an employee at the applicable award rate for not more than three weeks during such period of 26 weeks (pro rata for any period of less than 26 weeks):

12.8.1 Lay-off time allowable under this clause may be accumulated to a total of three weeks.

12.8.2 The employee may be called upon to attend rehearsal and/or publicity calls during the last two days of any period of time out.

12.8.3 Lay-off time allowable under this clause shall only be applied on movement of a production from one theatre to another, excepting by mutual agreement between the employer and the employee.

12.9 Payments made in a broken week

Payments made in a broken week, or where a production is transferred from one location to another and where lay-off time is not applicable (transfer weeks), shall be on the following basis:

12.9.1 Rehearsal days at the beginning of the engagements shall be paid at the rate of one-sixth of the negotiated rate.

12.9.2 Performance shall be paid at the rate of one-eighth of the negotiated performance salary.

12.9.3 Where a production is transferred from one location to another and where layoff time is not applicable, and where a mix of performing and non-performing days occur, the employee shall received his or her ordinary performance salary in full.

12.10 Requirement to appear nude or semi-nude

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

12.11 Employee no longer required for specific part

Should the employer deem it necessary or desirable that the employee should not play the part for which he or she was engaged, the employer may during the rehearsal period or within two weeks from the date on which the employee has first played the said part and notwithstanding anything hereinafter contained, either give the employee notice in writing terminating his or her engagement and replace the employee in that part within three weeks from the date on which the said notice is given, or where possible, employ him or her in an alternative role.

12.12 Special attendances - publicity

12.12.1 Other than television or radio

12.12.1(a) Attendance prior to commencement of employment

12.12.1(a)1 A prospective employee may be required by the employer for the purposes of wardrobe, fitting, publicity, public relations, still photography or any matter connected with an employer's business (except radio or television appearances and/or interviews), to attend at the employer's place of business, a still photographic studio or in another location agreed between the employer and the prospective employee.

12.12.1(a)2 The employer will pay the prospective employee for the time of such attendance, including travel time, pro rata at the casual rehearsal rate prescribed by clause 16 of this award, with a minimum payment for three hours.

12.12.1(a)3 The employer will pay the prospective employee for the cost of travel to any venue or location. Such attendance will be within the ordinary hours of work prescribed in clause 20 of this award.

12.12.1(b) Attendance during period of employment

If, for the purpose of wardrobe, fitting, publicity, public relations, still photography or any other matter connected with the employer's business the employer directs an employee to attend for that purpose, the time of such attendance will be counted as time worked with a minimum time to be credited to an employee of two hours for each attendance. However, should such a special attendance be required before, during or after a rehearsal or performance call, the time so spent will be counted as time worked.

12.12.2 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 will be transmitted by television or radio, the following provisions will apply:

12.12.2(a) If the segment is to be made up to an advertisement for the production for the purposes of being transmitted as paid advertisement, the employee will be paid at the hourly rate prescribed by the Actors Etc. (Television) Award 1998 or any subsequent variation or replacement of that award, with a minimum payment as for four hours.

12.12.2(b) If the segment is to be transmitted as a news item or used as a current affairs programme the transmission time will not exceed five minutes. The employer will, 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.

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

12.12.2(d) An artist will not be required in accordance with subclauses 12.13.2(b) and above to perform on any more than two television shows in any one city. Any performances in excess of two will be paid in accordance with subclause 12.13.2(a) of this clause.

12.12.2(e) An artist will give such press, radio, television and other interviews as the management will reasonably require and attendance at such interviews including the time travelled to and from the place of interview will be counted as time worked.

12.12.2(f) Employees will not be directed to take part in publicity or recording calls except between the hours of 9.00 a.m. and 11.00 p.m.

12.13 Engagement is for live performances.

Engagement under the terms of this award is for live performance. Except as provided in clauses 12.13 and 12.15, recording of a live production will be subject to the following:

12.13.1 The terms and conditions for a recording of a live production will be agreed between the employer and the employee and such agreement will be made in writing prior to the commencement of such recording..

12.13.2 The above sub-clause is subject to the employer informing the union which is party to this award and has members employed on the production of the intention to record a live production.

12.13.3 Reasonable written notice by the employer of the intention to record a live production in accordance with this clause will be given prior to the proposed recording to employees and to the union where any of them are members of the union.

12.14 Archival recordings

Despite clause 12.14 which prescribes the terms of recording a live production, an employer may record a live production for archival purposes upon the following conditions:

12.14.1 The employer will give seven days notice in writing of the intent to make such a recording and seeking the employee’s consent.

12.14.2 The employee’s consent in writing to the recording will be communicated to the employer within four days and will not be unreasonably withheld.

12.14.3 The recording will not be used to assess the artistic standard of any past, present or potential employee.

12.14.4 The recording will be clearly identified as being a recording for archival purposes and a list containing the names of all participants and the date and place on which the recording was made will be attached to and stored with the recording.

12.14.5 No additional work will be involved in the making of the recording.

12.14.6 Any recording so made will only be used for archival purposes.

12.15 Travel away from place of engagement

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

12.15.1 his or her weekly wage until he or she is returned to the place of engagement at the conclusion of the tour or engagement;

12.15.2 for the day of departure and return; and

12.15.3 pro rata for any broken weeks at the beginning or the end of the tour engagement.

13. AUDITIONS

13.1 Prior to engagement the employer has the right to audition a potential employee without payment provided that such auditions are held in private.

13.2 Despite clause 13.1 if the number of auditions requested by the employer exceeds three in any period of 28 days the potential employee shall be paid for each audition in excess of three in any period of 28 days at the casual rate as prescribed in clause 16 - Classifications and wage rates, of this award.

14. STAND DOWN OF EMPLOYEES

Despite anything elsewhere contained in this award, an employer may deduct payment for any day or part thereof where an employee cannot be usefully employed because of any strike, ban on work, or any other stoppage or interference beyond the control of the employer but subject to the following conditions:

14.1 Notification of stand down to employee and association

Where the employer proposes to exercise the right given hereunder, it shall notify the employee and advise the Media, Entertainment and Arts Alliance accordingly. During the period such notification remains in force, the employee shall be deemed to be stood down for the purpose of this subclause.

14.2 Continuity of service during stand down

An employee who is stood down as aforesaid, shall be treated for all purposes (other than payment of wages) as having continuity of service and employment notwithstanding such stand down.

14.3 Request for payment on notification of stand down

An employer, if requested by an employee who has been stood down or is about to be stood down under this clause, shall on the day of the stand down or as soon as practicable pay the employee:

14.3.1 All monies excluding annual leave due and payable to the employee under his or her contract of employment as at the date on which the employee is stood down.

14.3.2 Any payments which would be made to the employee under clause 26 - Annual leave, of this award, as if the employment of the employee was terminated on the date he or she was stood down, provided that such payments shall if the employer so determines or the employee so requests, be limited to a period of annual leave which is the same length as the period for which the employee is stood down. Any payment made under this paragraph shall be in lieu of and in full satisfaction or any entitlement of the employee under clause 21 - Number of performances, of this award, for the period of service in respect of which such payment is made.

14.4 Obtaining other employment while stood down

An employee who is stood down shall be entitled to take other employment. On obtaining other employment the employee shall advise the employer immediately of his or her commitment. If the employer objects to such commitment, and if no agreement is reached, the matter will be dealt under the dispute resolution procedure contained in clause 11.

14.5 Payment for public holiday’s while stood down

Notwithstanding anything hereinbefore contained, an employer will not deduct payment for any day prescribed by this award as a public holiday which occurs during the period of stand down of an employee, except to the extent that such employee becomes entitled to payment for the holiday in other employment. An employee claiming payment for a public holiday under this paragraph shall, if required by the employer, furnish a statutory declaration setting out details of any other employment during this period and the remuneration received herein.

15. TERMINATION OF EMPLOYMENT AND REDUNDANCY

15.1 Termination of Employment

15.1.1 The period of notice in clause 12, will not apply to any employee in the case of dismissal for conduct that justifies instant dismissal, including serious neglect of duty or serious misconduct, and in the case of casual employees or employees engaged for a specific period of time or for a specified task or tasks.

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

15.1.3 In the event of any such employee being away from his or her place of engagement, the employer shall pay the fare of the employee back to the employee’s place of engagement and the employer shall ensure that the employee is returned to the place of his or her engagement as expeditiously as possible, provided that an employee shall have the right to appeal against such dismissal.

15.2 Redundancy

15.2.1 Application

(a) This clause shall apply in respect of full-time and part-time employees.

(b) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

(c) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(d) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

15.2.2 Introduction of Change

(a) Employer’s duty to notify

(1) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(2) ‘Significant effects’ include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(b) Employer’s duty to discuss change

(1) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this subclause.

(3) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

15.2.3 Redundancy

(a) Discussions before terminations

(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subparagraph (1) of paragraph (a) of 15.2.2 above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(2) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (1) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(3) For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

15.2.4 Termination of Employment

(a) Notice for Changes in Production, Programme, Organisation or Structure

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with 15.2.2 (a)(1) above.

(1) In order to terminate the employment of an employee the employer shall give to the employee the following notice:

Period of Continuous Service Period of Notice

Less than 1 year 1 week

1 year and less than 3 years 2 weeks

3 years and less than 5 years 3 weeks

5 years and over 4 weeks

(2) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.

(3) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(b) Notice for Technological Change

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with 15.2.2(a)(1) above:

(1) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

(2) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(3) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act, 1955, the Annual Holidays Act, 1944, or any Act amending or replacing either of these Acts.

(1) During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

(2) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(d) Employee leaving during the notice period

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(e) Statement of employment

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

(f) Notice to Centrelink

Where a decision has been made to terminate employees, the employer shall notify the Commonwealth Employment Service thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(g) Centrelink Separation Certificate

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the Department of Social Security.

(h) Transfer to lower paid duties

Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of 15.2.2 above, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

15.2.5 Severance Pay

(a) Where an employee is to be terminated pursuant to 15.2.4 above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

(1) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Under 45 Years of Age	Years of Service Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

(2) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

Years of Service	45 Years of Age and over entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

(3) ‘Weeks pay’ means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant award.

(b) Incapacity to pay

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above.

The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause (i) above will have on the employer.

15.2.6 Savings Clause

Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

PART 5 - WAGES AND RELATED MATTERS

16. CLASSIFICATIONS AND WAGE RATES

16.1 Classifications

16.1.1 Performer is an employee who takes part in a performance and includes an actor, singer, dancer, understudy/swing performer, variety artist, puppeteer, compere, comedian or any other type of performer.

16.1.1(a) Performer - Category 1

16.1.1(a)(i) Performer Grade 1

16.1.1(a)(i)(1) A performer with less than three years experience in the entertainment industry who is employed in theatrical productions performing as directed to an existing script or score choreography and who is required to exercise his or her artistic skills to a professional standard as required. An employee at this level shall have appropriate qualifications or be able to demonstrate he or she possesses skills of an equivalent standard.

16.1.1(a)(i)(2) Indicative tasks:

acting;

singing;

dancing;

skating;

aquatic performing;

understudying; and

any other type of performing.

16.1.1(a)(ii) Performer Grade 2

A performer with more than three years experience in the entertainment industry provided that the performer’s theatrical engagements over the three year period amount to eighteen weeks employment or an equivalent amount of work in other areas, who is employed in theatrical productions and performs the same duties as set out above but at a standard above and beyond that of a Grade 1 Theatre Performer.

16.1.1(a)(iii) Principal - Opera

A performer who is employed to undertake lead roles in opera and operetta.

16.1.1(a)(iv) Supernumerary

A person employed to appear only incidentally or in background and who does not speak or sing or dance or perform individually as directed.

16.1.1(b) Performer - Category 2

16.1.1(b)(i) A performer who is employed as an act or part of an act in theatrical/live entertainment performances and who is responsible for the primary development of the work to be performed.

16.1.1(b)(ii) Indicative tasks:

As per category 1; and

In addition tasks relating to the development of the work to be performed, such as but not limited to, developing the script and concept for the performance, selecting the music, and generally determining the content and presentation of the performance.

16.1.2 Understudies

Star role, leading role, supporting role and minor supporting role for the purposes of clause 16.2 of this award shall mean:

16.1.2(a) Star role, is a role where the salary of the employee concerned exceeds the upper salary limit figure prescribed in 6.2.3 of this award.

16.1.2(b) Leading role is a role where the salary of the employee concerned exceeds double the performer’s Grade 1 rate prescribed in clause 16.2 of this award but is less than the upper salary limit figure as set out in the preceding provision.

16.1.2(c) Supporting role is a role where the employee is required to speak by him or herself more than 40 words or to sing solo more than 40 bars of music in the aggregate, or to dance solo more than 40 bars of music in the aggregate. A supporting role includes a situation where an employee performs such a role as part of a duo, trio or quartet.

16.1.2(d) Minor supporting role is a role of lessor requirements than those that apply for a supporting role.

16.1.2(e) Swing performer is an employee who is engaged to understudy multiple roles in a production and who does not normally appear costumed on stage before an audience during the performance. Agreement may be reached between the employee and the employer that the employee can appear costumed on stage once during the performance for the duration of one musical number. Such appearance shall not exceed ten minutes duration.

16.1.3 Assistant Stage Manager means an employee directed by a full-time stage manager to perform duties pertaining to stage management. Specifically an Assistant Stage Manager will not be required to be responsible for musical and/or lighting management.

16.2 Wage rates

The minimum rates of pay to be paid by an employer to an employee for work, inclusive of work in or incidental to either performance or rehearsals or both, shall be as set out hereunder:

16.2.1 Engaged by the week (age 16 and over)

Category and classification	Total minimum weekly rate of pay From 20 Oct1999	Total minimum weekly rate of pay From 30 Nov 2000
	$	$
Category 1:
Performer
Grade 1	537.80	552.80
Grade 2	577.50	592.50


Category 2:
Performer	577.50	592.50

16.2.2 Supernumeraries, understudies and higher duties

16.2.2(a) Supernumeraries engaged by the week shall be paid a minimum hourly rate with a minimum payment for a week as follows:

		From 30 Nov 2000
		$
Total minimum hourly rate		15.63
State Wage case adjustment		0.41
Total minimum hourly rate		16.06

Per hour with a minimum payment for a week as follows:

		From 30 Nov 2000
		$
Total minimum rate (minimum one week payment)		277.05
State Wage case adjustment		0.45
Total minimum rate (minimum one week payment)		277.50

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

16.2.2(c) An employee who as part of his or her duties is required by the employer to act, as an assistant stage manager shall be paid in addition to the applicable weekly rate hereinbefore-specified $26.09 per week from 30 November 2000.

16.2.2(d) A member of the ensemble of performers who acts as dance captain or who under the direction of the employer or the employer’s representative supervises the work of the ensemble of performers shall be paid not less than $26.09 per week from 30 November 2000 in addition to the per week rate.

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

Part understudied	Amount per week $
Star role	35.91
Leading role	25.65
Supporting role	15.39
Minor supporting role	12.31

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

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

Part performed	Amount per performance $
Star role	76.95
Leading role	51.30
Supporting role	30.78
Minor supporting role	24.62

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

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

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

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

16.2.2(g) An employee who is required to perform work as driver or a person in charge whilst on tour shall be paid not less than $34.96 per week from 30 November 2000 in addition to the per week rate.

16.3 Payment in lieu of meals during travel

An employer shall pay an employee $15.05 for each meal period which occurs during a journey provided that such allowance is not payable where the employer provides meals during the journey.

16.4 Travel to and from airports

An employee required to travel to or from an airport shall be reimbursed the cost of such transport up to a maximum of $28.50 for any single trip provided that such reimbursement is not payable where the employer provides such transport.

16.5 Use of private transport when travelling

Where an employee requests and the employer agrees to make his or her way from one working venue to another and journeys by car he or she shall be paid by the employer an allowance equal to the money that would have been paid by the employer on his or her 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.

16.6 Travel time

The employer shall allow travel time as set out in the following table:

Travel between	Travel time allowed

Sydney/Canberra	1 day
Sydney/Melbourne	1 day
Sydney/Brisbane	2 days
Sydney/Adelaide	2 days
Melbourne/Adelaide	1 day
Melbourne/Brisbane	3 days
Melbourne/Canberra	1 day
Brisbane/Adelaide	3 days

In other cases reasonable time as agreed with the employer and employee shall be allowed.

16.7 Use of private transport on official duties

Where an employee agrees at the request of the employer to use his or her own motor vehicle or motor cycle for purposes other than travelling between cities and towns, the employee shall be paid an allowance of 62 cents per kilometre.

16.8 Transportation of luggage

The following provisions will apply in relation to transport of an employee’s luggage.

16.8.1 The employer will reimburse an employee for the transportation of an employee’s luggage when travelling up to a maximum weight of 40 kilograms.

16.8.2 The employer will reimburse the employee for the cost of insurance of the employee’s luggage for loss, theft or damage when travelling.

Provided that such reimbursement will not be payable where the employer provides transport of luggage.

16.9 Requirements to appear in costume etc.

Where the employer requires an employee to appear in costume or wear theatrical make-up the employer will reimburse the employee the cost of having to provide the following facilities :

16.9.1 Dressing room facilities with mirrors, lockers with hanging space and locks and proper lighting, toilet and washing room facilities.

16.9.2 "Green Room" facilities when employees are not required on stage.

16.9.3 Provided that such reimbursement will not be payable where the employer provides such facilities.

16.10 Wardrobe and make-up

16.10.1 The employer will reimburse employees for the cost of:

16.10.1(a) special body make-up other than facial make-up if required by the employer,

16.10.1(b) make-up for supernumeraries,

16.10.1(c) shoes of suitable physical requirement where the employee is required to dance,

16.10.1(d) Provided that where the employer provides special body make-up, make-up for supernumeraries or dance shoes, such reimbursement will not apply.

16.10.2 An employee required by the employer to provide any suit, frock, costume, stockings, leotards, and fleshings, wigs and appurtenances and haberdashery or other article, not in the employees possession will be reimbursed his or her actual cost. Provided that where these articles are already in the employees possession, the employer will pay the employee an allowance of $6.72 per week for each suit, frock, costume, stockings, leotards and fleshings, wigs and appurtenances and haberdashery or other article supplied by that employee with a minimum payment of $8.43 per week.

Provided further that where the employer provides employees with the above articles, such allowance will not be paid.

16.10.3 The employer will reimburse employees for the cost of laundering and/or cleaning of the above articles. Provided that where the employer launders and/or cleans the above articles, such reimbursement will not apply.

16.10.4 The employer will pay an employee an allowance of $4.98 per each pair of skating boots and skates and $1.66 per week for socks and laces when the employee is required by the employer to wear such articles. Provided that where the employer provides the above articles, such reimbursement will not apply.

16.11 Juveniles

16.11.1 14 years of age and under

• Not on tour - 45 per cent of the total minimum weekly rate Category 1 Performer, Grade 1 or Grade 2.

• On tour - Applicable adult rate.

16.11.2 Over 14 years of age and under 16 years of age.

• Not on tour - 55 per cent of the total minimum weekly rate Category 1 Performer, Grade 1 or Grade 2.

• On tour - Applicable adult rate.

16.12 Payment for attending rehearsals

Prior to commencement of performances:

16.12.1 An employee who attends rehearsal 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 16.2 hereof.

16.12.2 If an employee is engaged in a State capital city for employment and is directed to rehearse in another town or towns or city or cities he or she shall be paid the applicable weekly wage and in addition shall be paid the touring allowance specified in clause 30 of this award.

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

16.13 Juniors - engaged casually

16.13.1 Performance

16.13.1(a) Casual employees (other than supernumeraries, and employees provided for in 16.13.1(b) below), who are aged 16 years or over shall for each performance be paid one-sixth, plus 15 per cent thereof of the appropriate per week adult rate as set out in 16.2 hereof. The maximum length of such performance shall be three hours (exclusive of any making up or taking off).

16.13.1(b) An employee aged 16 years or over engaged as a variety artist or as an "act" for each performance shall be paid one-fifth plus 15 per cent thereof of the appropriate per week adult rate as set out in 16.2 hereof. The maximum length of any such performance (exclusive of making up or taking off) shall be three hours.

16.13.1(c) Casual employees aged 14 years and under and those aged 14 years and over and under 16 years shall be paid 45 per cent and 55 per cent respectively of the rates set out in 16.13.1(a) and 16.13.1(b) hereof.

16.13.2 Rehearsals

16.13.2(a) An employee aged 16 years or over who is required to rehearse by the employer shall be paid at the rate set out below for one hour (minimum) and over one hour at the rate set out below per half hour or part thereof:

		From 30 Nov 2000
		$
Total minimum hourly rate		22.66
State Wage case adjustment		0.77
Total minimum hourly rate		23.43

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

		From 30 Nov 2000
		$
Total minimum half-hourly rate		11.33
State Wage case adjustment		0.38
Total minimum half-hourly rate		11.71

16.13.3 Casual supernumeraries

Casual supernumeraries shall be paid as set out below per hour with a minimum call for performance of three hours and for rehearsals of two hours:

		From 30 Nov 2000
		$
Total minimum hourly rate		16.53
State Wage case adjustment		0.41
Total minimum hourly rate		16.94

16.13.4 Casual employees on tour

Casual employees on tour shall be paid the applicable touring allowance as set out in clause 30 - Travelling, of this award.

16.14 Cancellation of engagement

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 for which the employee was engaged, the employee shall receive payment in full. If an open-air performance is postponed because of rain the employee shall receive half the fee if such an employee is re-engaged for subsequent presentation not later than three weeks after the date of the postponement, otherwise the employee shall receive full payment.

16.15 State wage cases

The rates of pay in this award include the adjustments payable under the State Wage Case of 2000. These adjustments may be offset against:

(i) any equivalent overaward payments; and/or

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

16.16 Overaward payment is defined as the amount (whether it be termed overaward payment or by any other term whatsoever) of any payment made to an employee and which was not made in order to comply with this award.

17. PAYMENT OF WAGES

17.1 Wages shall be paid to a weekly employee without any deduction (other than advances on account of wages, fines, tax or other deductions which the employer is bound by law to deduct) not later than 10.00 p.m. 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.

17.2 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.

17.3 Wages shall be paid to a casual employee within fifteen minutes of the conclusion of the employee’s work.

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

17.5 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.

17.6 All monies shall be paid in cash or by bank cheque, unless the employee agrees, in writing, to some alternative.

17.7 The employer shall provide the employee with a group certificate no later than 30 days following the end of the financial year.

17.8 Reimbursements to employees provided for in this award will be paid weekly on presentation by the employee of receipts.

18. SUPERANNUATION

18.1 Superannuation contributions

18.1.1 In addition to other payments provided for under this award, the employer shall, subject to this clause, make a superannuation contribution to the Joint Union Superannuation Trust (JUST SUPER). Such payments shall be equivalent to that prescribed in Federal Government Superannuation Legislation, or 3 per cent of the employees actual rate of pay, whichever is the greater, provided that this requirement shall not apply to:

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

18.1.1(b) 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 30 days.

18.1.2 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Change Act 1992, the Superannuation Industry (Supervisor) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation as varied from time to time, governs the superannuation rights and obligations of the parties.

18.2 Membership of a scheme.

The employer shall establish at the time of the engagement, whether the employee is a member of the JUST Super Scheme.

18.2.1 In the event the employee is not a member of JUST Super and the employee has made arrangements for his/her own complying superannuation fund the employer shall request the employee to sign the following disclaimer:

"I have been supplied with an application form to join JUST Super but I do not wish to become a member of the fund as I have my own fund and I direct the employer to enter contributions into that fund".

18.2.2 In the event the employee is not a member of the JUST Super and does not have a personal fund, the employer shall request that the employee complete a Just Super application form.

18.2.3 Where a contribution is made as prescribed in this clause, the employer shall forward to the fund administrator of JUST Super the contribution, the name and address of the employee on whose behalf the contribution is made and the superannuation fund number of the employee, or in the event the employee is not a member of JUST Super, the completed application form.

18.2.4 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.

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

18.3 Definitions

18.3.1 For the purpose of this clause ordinary salary refers to:

18.3.1(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 overtime, travel, meals, or wardrobe allowances and the like; or

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

18.3.2 For the purpose of this clause, JUST SUPER shall mean the fund established by the Joint Union Superannuation Trust Deed, which complies with the Australian Government’s Operational Standards for Occupational Superannuation Funds.

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK, PUBLIC HOLIDAYS

19. HOURS OF WORK AND TIME OFF

19.1 The ordinary hours of work shall be 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.

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

19.3 Such hours shall not exceed eight in any one day.

19.4 Such hours of work shall be worked between the hours of 9.00 a.m. and 11.15 p.m.

19.5 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, etc.) from commencement of the performance to the conclusion of the performance.

19.6 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.

19.7.1 If engaged on a country tour, travel on any day on which a performance or rehearsal is to be held will occur between the hours of 9.00 a.m. and 4.00 p.m.

19.7.2 On any other day between 9.00 a.m. and 7.00 p.m.

19.8 Travel outside the prescribed hours

Should travel take place outside the hours prescribed in 19.7.1 or 19.7.2 above, the employee shall be paid at the rate of one-eightieth of his or her weekly wage for each half hour or part thereof outside those hours.

19.9 Travel time to be counted as time worked

Should the employer during the course of a normal day’s work require the employee to travel, the travelling time inclusive of regular stops for comfort and refreshment shall be counted as time worked.

20. ORGANISATION OF WORK

20.1 A break of eleven clear hours between completion of one day’s work and the commencement of another shall be given to the employee.

20.2 Hours worked shall be:

20.2.1 the actual hours of work from the beginning of a call, rehearsal or performance to its conclusion with a minimum as prescribed in 19.5 or 19.6; and

20.2.2 for performances and dress rehearsals, 30 minutes prior to a performance or dress rehearsal for dressing or making-up; and

20.2.3 fifteen minutes at the conclusion of a performance or dress rehearsal for undressing;

but excluding any unpaid meal breaks under clause 22.

20.3 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.

20.4 On a day on which no performance is worked, the hours worked shall be continuous except for breaks prescribed by clause 22.

20.5 Within the ordinary daily hours of work employees may be required to undertake:

20.5.1 vocal and physical warm up immediately prior to a performance or dress rehearsal sufficient to minimise injury; and

20.5.2 classes and/or notes reasonably required to be completed by the employer.

20.6 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 majority of the cast.

20.7 Rehearsals for supernumeraries may be called at any time mutually agreed between the employer and the association. Such rehearsals shall not exceed three hours duration.

21. NUMBER OF PERFORMANCES

21.1 Weekly wage for the purposes of this clause shall be as defined in 4.22 of this award.

21.2 The maximum number of performances for which the ordinary weekly rate is paid shall be:

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

21.2.2 for performances up to one hour in duration, twelve.

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

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

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

21.3.3 in the case of performances up to one hour in duration, an additional payment of one-tenth of his or her weekly wage for each performance above twelve.

21.4 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 clause, but this shall not apply when one of the productions is a pantomime in which case the employee shall be paid one-eighth of his or her weekly wage additional for each performance exceeding eight in a week.

22. BREAKS, MEAL INTERVALS AND ALLOWANCES

22.1 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.

22.2 A break as prescribed in 22.1 above, shall be of a minimum duration of one hour if taken before 4.00 p.m. or one and one half hours if taken after that time.

22.3 Such breaks shall be unpaid.

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

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

22.6 If there is a break of less than two hours between the conclusion of one performance and the beginning of the next performance the employer shall provide an employee with a satisfactory meal. Alternatively, the employer may pay to the employee an amount of $12.45 in lieu of the said meal.

22.7 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 a half hours.

22.8 Breaks for travel

The minimum breaks for travel shall be as set out below, except where the employer and the employee agree otherwise:

22.8.1 There shall be no work done by an employee on a day in which travel to and from the following places occurs:

• Sydney/Perth;

• Brisbane/Perth; or

• Melbourne/Perth.

22.8.2 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.

23. OVERTIME

23.1 Engaged by the week or for a longer period

23.1.1 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.

23.1.2 All time worked in excess of 40 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.

23.1.3 Overtime shall not be paid twice for the same time worked.

23.1.4 Where an employee is paid for an extra performance or performances pursuant to clause 21 - 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 23.1.2 hereof.

23.1.5 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 23.1.1, 23.1.2 or 23.1.4 hereof shall be paid for at the rate of time and a half.

23.2 Engaged casually other than supernumeraries

23.2.1 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.

23.2.2 An employee required to work beyond the hour of 11.15 p.m. or who is detained for work or any other reason beyond the hour of 11.15 p.m. 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 11.15 p.m. 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.

23.3 General - applicable to weekly or casual engagements

23.3.1 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.

23.3.2 If an employee is detained 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 will reimburse the employee for the cost of proper conveyance to his/her home. Provided that such reimbursement will not be payable where the employer provides such conveyance.

24. SUNDAYS AND PUBLIC HOLIDAYS

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

24.1 Payment for employees engaged by the week or for a longer period

Employees engaged by the week or for a longer period shall be entitled to payment for work on Sundays or public holidays as follows:

24.1.1 On Sunday, where the time worked is in addition to the employee’s prescribed weekly hours of work, the employee shall be entitled to payment of an amount equivalent to one third of the employee’s weekly wage in addition to the employee’s wage for the week.

24.1.2 On Sunday, where the time worked is part of the employee’s prescribed weekly hours of work the employee shall be entitled to payment of an amount equivalent to one sixth of the employee’s wage for the week in addition to the employee’s wage for the week, provided also that the employee’s hours of work in that week shall be arranged to provide the employee with one complete day off duty in that week.

24.1.3 For work on Good Friday, Christmas Day and Labour Day or its equivalent in any state, or on any day substituted for any of those holidays, the employee shall be entitled to payment of an amount equivalent to one quarter of the employee’s weekly wage in addition to the employee’s weekly wage for the week.

24.1.4 For work on other public holidays the employee shall be entitled to payment of an amount equivalent to one sixth of the employee’s weekly wage in addition to the employee’s weekly wage for the week.

24.1.5 In the event that work is not performed on a public holiday such day shall be regarded for the purposes of clause 21 of this award and all other purposes under this award as a day on which had occurred one of the eight or two of the twelve performances per week provided for in clause 21, as the case may be.

24.1.6 An employee required to travel on a Sunday or a public holiday or any other day on which the employee would otherwise be rostered off work, shall, unless paid according to the provisions of this clause for work on that day, be entitled to payment of an amount equivalent to one twelfth of the employee’s weekly wage in addition to the employee’s weekly wage for the week.

24.1.7 An employee whose rostered time off falls on a public holiday as provided for in this clause shall be allowed an additional day off at a time to be agreed between the employer and the employee, or be paid an additional days pay in lieu thereof within seven days of the holiday.

24.2 Payment for employees engaged casually

Employees engaged casually shall be entitled to payment for work on Sundays or public holidays as follows:

24.2.1 For a performance the employee shall be paid double the prescribed minimum rate per performance.

24.2.2 For a rehearsal the employee shall be paid double the prescribed casual hourly rate rehearsal rate with a minimum payment as for four consecutive hours.

24.3 Prescribed public holidays

An employee shall be entitled to public holidays without loss of pay on the following days or if required to work shall be paid for such work in accordance with the provisions of this clause:

24.3.1 New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and

24.3.2 The following days, as prescribed in NSW: Australia Day, Anzac Day, Queen’s Birthday, and Labour Day; and

24.3.3 In New South Wales, the first Monday in August.

24.4 Christmas Day falling on a Saturday or Sunday

When Christmas Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 27 December.

24.5 Boxing Day falling on a Saturday or Sunday

When Boxing Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 28 December.

24.6 New Year’s Day or Australia Day falling on a Saturday or Sunday

When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

24.7 Additional holidays

Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in this clause, those days shall constitute additional holidays for the purpose of this award.

25. ROSTERS

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

PART 7 - LEAVE OF ABSENCE AND HOLIDAYS

26. ANNUAL LEAVE

Subject to the Annual Holidays Act 1944, the following provisions shall apply;

This clause applies to persons engaged by the week as defined by clause 4 - Definitions, of this award.

26.1 General entitlement

26.1.1 All employees shall be entitled to four weeks annual leave in respect of each calendar year of service.

26.1.2 Such leave to be taken on full pay at the ordinary weekly rate being paid to the employee.

26.1.3 Such annual leave shall accrue from the first day of employment for rehearsals.

26.2 Annual leave exclusive of public holidays

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.

26.3 Time of taking annual leave

26.3.1 Annual leave shall be given at a time fixed by the employer within a period not exceeding three months from the date when the right to annual leave accrued and after as much notice as is practicable and in any case not less than three weeks notice to the employee.

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

26.3.3 Annual leave may, by mutual agreement, be given and taken in two separate periods. No such period shall be less than one week.

26.4 Annual leave taken before due date

If so requested by an employee the employer may allow annual leave to an employee before the right thereto has accrued 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.

26.5 Termination prior to twelve months service, where annual leave is taken before due date

Where annual leave has been granted to an employee pursuant to 26.4 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 26.3.1 hereof.

26.6 Proportionate annual leave on termination

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 or her ordinary pay for the period of leave due.

26.7 Employment of less than twelve months

In respect of 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 he or she 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 his or her ordinary pay for such period of employment.

26.8 Payment for annual leave

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.

26.9 Annual leave to be taken

The annual leave provided for by this clause shall be allowed and shall be taken and, except as provided by 26.6 and 26.7 hereof, payment shall not be made or accepted in lieu of annual leave.

26.10 Recall from annual leave

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

26.11 Preparatory work whilst on annual leave

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

26.12 Annual leave loading

26.12.1 Each weekly employee before going on any period of annual leave shall for each week of such leave be paid an "annual leave loading" at the rate of seventeen and a half per cent of the ordinary weekly wage prescribed herein for such employees. Such loading shall be in addition to the amount paid to the employee under this clause.

26.12.2 No loading is payable to an employee who takes annual leave wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he or she would have become entitled to annual leave, the loading then becomes payable in respect of the period of such leave and is to be calculated by applying the ordinary rate of pay applicable on that day.

26.12.3 Where payment is made in lieu of annual leave in accordance with 26.7, no loading is payable.

27. SICK LEAVE - INJURY LEAVE

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

27.1 Notice of inability to attend

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

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

27.2 Termination of engagement

Subject to s.170CK(2)(a) of the Workplace Relations Act 1996 (Cth) and regulations, the employer may terminate the employee’s engagement forthwith if by reason of illness or accident the employee is absent:

27.2.1 during the four weeks prior to opening, from all rehearsal calls on three consecutive days or an aggregate of five days; or

27.2.2 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.

27.3 Attendance at hospitals etc.

27.3.1 Notwithstanding anything contained in 27.1 or 27.2 an employee suffering injury through an accident arising out of and in the course of his or her employment requiring his or her attendance for treatment of the injury during working hours:

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

27.3.1(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.

27.3.2 For the purpose of 27.3.1, attendance for treatment may be attendance for treatment by a person recognised for the purposes of the appropriate State Workers Compensation or other similar legislation.

28. LEAVE FOR CONSULTATIVE MEETINGS

Each employer will allow his/her employees to attend meetings to discuss industrial matters without loss of ordinary pay provided the following conditions are observed:

28.1 At least fourteen days notice of such meeting is given to the employer.

28.2 The employer is only obliged to pay wages for the period that the employee was rostered for duty.

28.3 The employer is only obliged to pay wages for the period of the meeting if the employer is in receipt of satisfactory evidence of the employee’s attendance at the meeting.

29. BEREAVEMENT LEAVE, PARENTAL LEAVE AND PERSONAL/CARER’S LEAVE

29.1 Bereavement Leave

(a) An employee other than a casual employee shall be entitled to up to two days bereavement leave, without deduction of pay, on each occasion of the death of a person prescribed in paragraph (c) of this subclause.

(b) The employee must notify the employer as soon as practicable of the intention to take bereavement leave, and will, if required by the employer, provide to the satisfaction of the employer proof of death.

(c) Bereavement leave shall be available to the employee in respect to the death of the person prescribed for the purposes of personal/carer's leave, provided that, for the purposes of bereavement leave, the employee need not have been responsible for the care of the person concerned.

(d) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has already been granted other leave.

(e) Bereavement leave may be taken in conjunction with other leave available under paragraphs (b), (c), (d) and (e) of subclause 29.3 of this clause. Where such other available leave is to be taken in conjunction with bereavement leave, consideration will be given to the circumstances of the employee and the reasonable operational requirements of the employer.

29.2 Maternity, Paternity and Adoption Leave

Conditions relating to maternity leave, paternity leave and adoption leave are those as set out in Chapter Two, Part Four of the Industrial Relations Act 1996.

29.3 Personal/Carer's Leave

(a) Use of sick leave

(i) An employee, other than a casual employee, with responsibilities in relation to a class of person as set out in section (B) of subparagraph (iii) of this paragraph, who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 27 - Sick Leave - Injury Leave for absences to provide care and support for such person when they are ill. Such leave may be taken for part of a single day.

(ii) The employee shall, if required, establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

(iii) The entitlement to use sick leave in accordance with this subclause is subject to:

(A) the employee being responsible for the care of the person concerned; and

(B) the person concerned being:

(1) a spouse of the employee; or

(2) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide basis although not legally married to that person; or

(3) a child or an adult child (including an adopted child, step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

(4) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(5) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:

(a) "relative" means a person related by blood, marriage or affinity;

(b) "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

(iv) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

(b) Unpaid leave for family purpose

(i) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person as set out in section (B) of subparagraph (iii) of paragraph (a) who is ill.

(i) An employee may elect, with the consent of the employer and subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

(ii) Access to annual leave, as prescribed in subparagraph (i) of this paragraph, shall be exclusive of any shutdown period provided for elsewhere under this award.

(iii) An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences, until at least five consecutive annual leave days are taken.

(d) Time off in lieu of payment for overtime

(i) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time agreed with the employer within 12 months of the said election.

(ii) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is, an hour for each hour worked.

(iii) If, having elected to take time as leave in accordance with subparagraph (i) of this paragraph, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

(iv) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

(e) Make-up time

(i) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

(ii) An employee on shift work may elect, with the consent of the employer, to work "makeup time" (under which the employee takes time off ordinary hours and works those hours at a later time) at the shift work rate which would have been applicable to the hours taken off.

PART 8 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK

30. TRAVELLING

30.1 Air travel

Subject to 16.5 an employee required by the employer to travel will be reimbursed up to his or her actual cost of an economy class air fare or equivalent to destination. This provision will not apply where the employer provides and the employee elects to use employer provided transport.

30.2 Country tours

All employees required by the employer to undertake a country tour shall receive the appropriate allowance prescribed in 16.5 provided that this provision will not apply:

30.2.1 when the employer provides air travel and the employee uses such travel;

30.2.2 when the employer provides satisfactory single seat transport and the employee uses such travel.

30.3 Accommodation

30.3.1 Where an employee is required to work away from his or her place of residence the following provisions of this subclause and 30.8 and 30.9 shall apply.

30.3.2 Periods of one week or less

Where the period involved is one week or less an allowance of $93.00 per night shall be payable provided that such allowance will not be payable where the employer provides suitable accommodation.

30.3.3 Periods of more than one week

The employer shall pay to each employee a cash allowance of $327.00 per week or $65.40 per night up to a maximum of the weekly allowance. Where this allowance is payable it should be paid in advance up to a maximum of one week. Provided that:

30.3.3(1) The allowance above is not payable

32.3.3(1)(a) Where the employer provides suitable accommodation.

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

Destination	Amount
	$

Sydney and Melbourne	654.00
Canberra	595.00
Adelaide, Hobart, Perth, and Brisbane	535.00
Other places	476.00

30.3.3(1)(c) Shared accommodation

30.3.3(1)(c)(i) Where an employer and employees agree in writing, shared accommodation may be provided by the employer. The employer shall retain a copy of any such agreement.

30.3.3(1)(c)(ii) 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 per cent in respect of such shared accommodation. A copy of such agreement shall be retained by the employer.

30.3.3(1)(c)(iii) Where there are special circumstances which an employer considers preclude him or her from being able to provide suitable accommodation the employer and the employee may agree to shared accommodation without additional payment.

30.4 Reimbursement to be made weekly, or otherwise by agreement

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 such other arrangements as are agreed between the employer and the employee.

30.5 Cash allowance in lieu of reimbursement for expenses

30.5.1 In lieu of the provisions of 30.3.3 an employee may elect to take a cash allowance of $327.00 per week or $65.40 per night up to a maximum of the weekly cash allowance.

30.5.2. Where an employee elects to take this allowance it shall be paid in advance up to a maximum of one week.

30.6 Disputes settlement

Any dispute as to the operation of this clause 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 dispute resolution procedure in clause 11.

30.7 Notice of travel to be given

30.7.1 When any travel in excess of one week in duration is required as much notice as is practicable and at least fourteen days notice shall be given to employees.

30.7.2 Such notice shall also include, where the employer is providing accommodation in accordance with this clause the details of the accommodation to be provided.

30.7.3 The employee shall indicate within fourteen days of the offer of accommodation whether he or she proposes to accept the offer unless impractical to do so in the circumstances.

30.8 Meals

An employee required to travel shall be paid an allowance of $32.80 per day to a maximum of $164.10 per week except for localities north of 26 degrees south latitude in Western Australia, where the rate shall be prescribed by the Public Service Miscellaneous Allowances Award for the locality concerned. Provided that such allowances shall not be paid where the employer provides meals of a satisfactory nature.

30.9 Incidentals allowance

An employee required to travel shall be paid an allowance for incidentals of $10.05 per day to a maximum of $50.25 per week except for localities north of 26 degrees south latitude in Western Australia, where the rate shall be prescribed by the Public Service Miscellaneous Allowances Award for the locality concerned.

30.10 Eligibility

30.10.1 The provisions of 30.3, 30.8 and 30.9 above shall not apply:

30.10.1(a) with respect to an employee who is engaged to work at a single location away from his or her place of residence for a specific period of twelve months or more;

30.10.1(b) where an employee is engaged for a local show.

30.10.3 The provisions in this clause shall be applicable as though the place of residence of the employee had been correctly stated, where an employer:

30.10.3(a) avoids or seeks to avoid the operation of this clause by inducing any employee or prospective employee to misrepresent his or her place of residence; or

30.10.3(b) engages an employee where he or she knows that the place of residence of an employee or prospective employees has been misrepresented.

30.11 Employees engaged casually

30.11.1 Fares and class of travel

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 to which he or she resides shall be reimbursed for the cost of first class rail or other transport provided that this provision shall not apply where transport is provided by the employer.

30.11.2 Accommodation and meals

30.11.2(a) The employer shall provide for any casual employee who is obliged to remain and lodge overnight at any place other than his or her usual place of abode, the current daily travelling allowance rate plus $12.45 for each meal provided that such allowances will not be payable where the employer provides reasonable accommodation and meals at a hotel/motel or boarding house.

30.11.2(b) If the employee’s performance concludes after 11.00 p.m. 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 his or her home town or city is available within two hours of the conclusion of his or her work, the employer shall pay to the employee the current daily travelling allowance rate provided that such allowance will not be payable where the employer provides overnight lodging.

30.11.3 Additional rate payable if absence from home town greater than 24 hours

Should the total time of an employee’s absence from his or her home town, including the time occupied in the outward and return journey to and from the employment exceed 24 hours, he or she 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.

31. SCHOOL TOURS

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

31.1 Hours of work

31.1.1 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.

31.1.2 There shall be a break of at least 40 minutes clear of any dressing, undressing, making-up or taking off make-up provided for lunch.

31.1.3 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.

31.1.4 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.

31.2 Number of performances

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

31.2.1 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);

31.2.2 fifteen when such performances are each of no longer than one hour;

31.2.3 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 extra.

31.3 Travelling

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

31.3.2 An employee shall travel as directed by the employer by mutual agreement with employee, the employer and the association.

31.3.3 Where an employee requests to make his or 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 or her travelling by the form of transport by which the employer did or would have transported the employee or the remainder of the company.

31.4 Rates of pay

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

31.4.1 Rehearsals - the performer rate as set out in clause 16 - Classifications and wage rates.

31.4.2 Performances - the performer rate as set out in clause 16 plus ten per cent (10 per cent) thereof.

32. TIME BOOKS TO BE KEPT

(a) Subject to Division 2 of Part 3 of the Industrial Relations (General) Regulation 1996, the employer shall keep a time book or time sheet, relating to employees. These are to be kept by the employer in English and are to contain the following particulars:

(i) The full name of the employer.

(ii) The full names of the employees.

(iii) The occupation and the classification of the employees under this award.

(iv) The number of hours worked by each employee during this week.

(v) The number of hours worked by each employee concerned during each day and the times of starting and ceasing work.

(vi) The amount of wages paid to each employee showing deductions from those wages.

(vii) All other particulars as are necessary to show that the requirements of this award relating to hours and wages (including overtime and other payments) are being complied with.

(b) 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, and the entries of the time so worked may be checked by an accredited representative of the Union if such representative be available at the place of business and by the employer’s representative who shall, if the entries be correct, vouch for them by their signature in the time book or time sheet.

(c) The time book or time sheet with all the entries therein and the relevant wages receipt shall, on demand, be produced by the employer for inspection at the place where they are kept, subject to section 298 of the Industrial Relations Act 1996.

PART 9 - ACCIDENT PAY - WORKERS COMPENSATION

33. ACCIDENT PAY - 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 relevant Workers Compensation Act and shall be entitled to the following payments:

33.1 Injury/accident pay

33.1.1 Every employee to whom this award applies shall, subject to and in accordance with this award, is entitled to accident or injury pay.

33.1.2 The employer shall observe the conditions hereinafter prescribed, namely:

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

33.1.2(b) 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 relevant Workers Compensation Act and the wage to which such an employee was entitled at the date of his or her injury.

33.1.2(c) The employer shall pay his or her 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.

33.1.2(d) 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.

33.1.2(e) 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 hereinbefore provided.

33.1.2(f) 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.

33.1.2(g) 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.

33.1.2(h) Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the said Act, he or she shall be liable to repay to his or her 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.

SCHEDULE A

STANDARD CONTRACT OF SERVICE FOR SINGLE PLAYS AND/OR PRODUCTIONS

PART 1

This Contract is dated the ........................................... day of ................................... 19.......

between

.................................................................................................................................................

(name of employer)

...............................................................................................................................................

(registered address)

and .................................................................................... Equity Number: ..........................

(name of artist)

of ...................................................................................... JUST Number: ............................

(ordinary place of residence)

Artist's Agent or Contact: .......................................................................................................

Address: .................................................................................................................................

Telephone number: ......................................... Facsimile number: ..........................................

Name of Production: ...............................................................................................................

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

1. PART OR PARTS TO BE PLAYED BY THE ARTIST

The artist will be employed in the above Play:

1.1 to rehearse and play the following part: ..........................................................................

1.2 to rehearse and play the following parts: .........................................................................

1.3 to rehearse and play the part(s) of:.................................................................................... and to rehearse and play as understudy the part(s) of:......................................................

1.4 to rehearse and play such parts in the said play as the Management may call upon the Artist to play;

1.5 to rehearse and play such part or parts and rehearse and play as understudy such part or parts in the said play as the Management may call upon the Artist to play;

1.6 to rehearse and play as a swing performer.

N.B. Five (5) of the paragraphs above 1.1, 1.2, 1.3, 1.4, 1.5, 1.6 must be deleted and initialed.

Note: The use of this contract is mandatory for employees engaged below the upper salary limit.

2. TYPE OF ENGAGEMENT

Engagement shall be as defined in the Actors Theatrical (State) Award

2.1 By the week.

2.2 For the specific period up to and including: .....................................................................

2.3 For the run of the play in: ................................................................................................

(venue/city/town and State/cities and/or towns and States)

2.4 For the run of the play in Australia.

2.5 For the run of the play in Australia or New Zealand.

N.B. Four (4) of the paragraphs above, 2.1, 2.2, 2.3, 2.4, 2.5 must be deleted and initialed.

3. COMMENCEMENT

3.1 Date of commencement of engagement shall be: .............................................................

3.2 Date of first real rehearsal shall be (on or about): ............................................................

3.3 Length of rehearsal period (on or about): ........................................................................

3.4 Date of opening performance (on or about): ....................................................................

4. ENGAGEMENT MONIES

4.1 Rehearsals

Negotiated rate: $..................................... per week

Loadings:

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

Total rehearsal rate: $..................... per week

4.2 Performance

Negotiated rate: $.................................... per week

Loadings:

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

Total performance rate: $..................... per week

Note: The only loadings to be listed above are those paid on a regular weekly basis. All other loadings or penalties incurred must be paid in addition to the negotiated rate and listed loadings. Superannuation and annual leave entitlements shall be based on the total salary.

5. TRAVEL ALLOWANCE

5.1 Where an employee is required to work away from his or her place of residence as set out in Part 1, the travel allowance provisions of clause 30 of the award shall apply.

5.2 In accordance with clause 4 of the award the production is/is not a local show.

6. SUPERANNUATION

6.1 In accordance with clause 18 - Superannuation - of the Actors Theatrical (State) Award, the employer shall pay a superannuation contribution to JUST Super on behalf of the Artist.

6.2 The employer shall take all necessary action to confirm whether or not the artist is a member of JUST Super.

6.3.1 The artist is a member of JUST Super and confirms that his or her membership number is stated in Part 1 of the contract.

6.3.2 The artist is not a member of JUST Super and has been provided by the employer with an application form to join JUST Super and explanatory material about the fund and has completed the JUST Super application form. The artist agrees that he or she will provide a JUST Super membership number to the employer when it is available.

6.3.3 The artist is not a member of JUST Super and confirms that having been provided with the application form and the information referred to in 3.1. above she/he does not wish to join JUST Super and has signed a disclaimer as provided for in clause 18 of the award.

NOTE: Two (2) of the paragraphs above 6.3.1, 6.3.2, 6.3.3 must be deleted and initialed.

6.4 In the event that an artist signs such a disclaimer, the employer shall notify the Fund Administrator and MEAA (Equity Section) in accordance with clause 18 of the award.

7. SPECIAL CONDITIONS

Any special conditions agreed upon by the artist and the employer shall be set out in Schedule A, to be attached to this contract, provided that such special conditions shall not be inconsistent with the terms of the award.

8. ACCURACY OF EMPLOYEE INFORMATION

8.1 In connection with the employee's engagement the employer shall ensure that the Artist's name and spelling of the same in this contract will be used for billing and program purposes.

8.2 Where the producer releases biographical material of the artist for the purpose of publicising and/or in any way promoting the production, the artist shall have the right of approval over such material.

9. JURISDICTION

This contract is made and is subject to the Laws of ......................................................... Australia.

For the employer:	For the employee:
.....................................................................	.....................................................................

(signature)	(signature)

.....................................................................	.....................................................................

(name - please print)	(name - please print)


(position)	(position)


(date)	(date)
.....................................................................	.....................................................................

(witness)	(witness)

N.B. Unless the Artist's Agent can produce Power of Attorney, this contract must be signed by the Artist.

The Producer warrants that this contract is the standard form contract as set out in Appendix A of the Actors Theatrical (State) Award

PART 2 - GENERAL CONDITIONS

1. The terms and conditions of the Actors Theatrical (State) Award as altered and/or replaced shall apply and form part of this agreement as if the same were written herein. In the event of any inconsistency between any term of this contract and the provisions of the award, the award shall prevail.

2. The Artist is engaged exclusively by the employer and shall not during the engagement perform or otherwise exercise his or her talents for the benefit of any other company, institution or person without written consent and such consent shall not be unreasonably withheld.

3. Termination of this contract shall be in accordance with clause 12 - Terms of engagement, of the Actors Theatrical (State) Award

4. A party may elect to continue performance of this contract notwithstanding any breach by the other party of any term or condition of this contract and such performance shall not constitute a waiver of any of the rights of the first party.

5. The employer reserves the right to stand down the Artist in accordance with the provisions of clause 14 - Stand down of employees, of the Actors Theatrical (State) Award.

6. This contract may only be varied or modified in writing, signed by all the parties to the contract.

7. This contract is intended to reflect all prior understandings and, subject to clause 6 above, when signed constitutes the totality of the agreement between the parties.

8. The negotiated rate stated in Part 1 herein is the rate agreed between the parties at the point of acceptance of the engagement and pursuant to clause 4 - Engagement Monies does not include any additional payments payable under the award.

9. Except in the case of an emergency the producer shall provide the artist with a contract at least 21 days prior to the commencement date of the engagement as per clause 3 of Part 1 of this contract.

9.1 Unless there are reasonable grounds for not doing so the artist shall sign and return the contract within 14 days of receipt.

10. Notices concerning employees generally from the employer posted on the usual notice board or addressed to the artist in the care of the stage door keeper or sent to the Artist's last known address will be held to be valid notices.

10.1 Unless the artist otherwise advises in writing, the address for the service of notices under this contract shall be the address of his or her agent or if the artist is unrepresented the artist's contact address as specified in Part 1 of this contract. Unless the Producer otherwise advises in writing, the address for the service of notices under this contract shall be the address of the Producer as specified in Part 1 of the contract. Notices shall be in writing and may be hand delivered or sent by post, or facsimile transmission.

11. 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.

12. The Artist shall notify the stage manager of any change to his or her address.

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

14. 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 of conduct made by the employer in so far as such last mentioned rules do not conflict with the terms of the contract and the award.

15. No Artist shall alter his or 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 reasonable directions of the Stage Manager, Director, Musical Director, Resident Director or Choreographer.

16. The Artist shall not introduce words or any material into his or her performance not in the script unless previously approved by the Management and wherever any additional material is introduced by the Artist with the employer's consent the Artist warrants that he or she has the right to use such material and is not infringing any copyright. When any such material is the property of the Artist it shall remain so.

17. 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) he or she has the express permission of the employer to be absent.

F. MARKS J.

____________________

Printed by the authority of the Industrial Registrar.

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