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New South Wales Industrial Relations Commission
(Industrial Gazette)




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ACTORS (THEATRICAL) (STATE) AWARD
  
Date07/01/2005
Volume352
Part1
Page No.122
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C3414
CategoryAward
Award Code 820  
Date Posted06/30/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(820)

SERIAL C3414

 

ACTORS (THEATRICAL) (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 4677 of 2004)

 

Before Mr Deputy President Sams

25 November 2004

 

REVIEWED AWARD

 

1.          Delete clause 7, Date The Award Starts, in clause 2, Arrangement, of the award published 2 November 2001 (329 I.G. 37), and insert in lieu thereof the following:

 

7.         Award Review"

 

2.          Delete clause 5, Commencement Date of Award and Period of Operation, and insert in lieu thereof the following:

 

5.  Commencement Date of Award and Period of Operation

 

(a)        This award was made following a review in accordance with Section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (305 IG 307).

 

(b)        This Award was published on 2 November 2001 and rescinds and replaces the Actors (Theatrical) (State) Award 1997 published on 24 September 1999 (310 I.G. 1021) and all variations thereof.

 

(c)        This award remains in force until varied or rescinded, the period for which it was made having already expired."

 

3.          Delete paragraph 6.2.1(iv), of clause 6, Coverage of Award, and renumber subparagraphs 6.2.1(v) and (vi) to read as 6.2.1(iv) and (v) respectively.

 

4.          Delete paragraph 6.2.5, of the said clause 6.

 

5.          Delete clause 7, Date The Award Starts, and insert in lieu thereof the following:

 

7.  Award Review

 

The changes made to this Award pursuant to the Award Review of 15 November 2004 in accordance with Section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (305 IG 307) take effect on and from 25 November 2004.

 

6.          Delete subparagraph 12.12.2(d), of clause 12, Terms of Engagement, and insert in lieu thereof the following:

 

12.12.2(d)        An artist will not be required in accordance with subclauses 12.12.2(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 12.12.2(a) of this clause.

 

7.          Delete the references to "12.13 and 12.15" appearing in subclause 12.13, of the said clause 12, and insert in lieu thereof the following:

 

12.12 and 12.14

 

8.          Delete the reference to"12.14" appearing in subclause 12.14, of the said clause 12, and insert in lieu thereof the following:

 

12.13

 

9.          Delete paragraph 16.2.1, of clause 16, Classifications and Wage Rates, and insert in lieu thereof the following:

 

Category 1:

Previous minimum weekly

SWC 2003

Minimum weekly rate of pay

 

rate of pay

 

from 25 November 2003

 

$

$

$

Performer

 

 

 

Grade 1

585.80

17.00

602.80

Grade 2

627.50

17.00

644.50

Opera Principal

661.00

17.00

678.00

Category 2:

 

 

 

Performer

627.50

17.00

644.50

 

10.        Delete subparagraph 16.2.2(a), of the said clause 16, and insert in lieu thereof the following:

 

16.2.2(a)          Supernumeraries engaged by the week shall be paid a minimum hourly rate of $17.50 and a minimum weekly rate of $302.30.

 

11.        Delete the amounts of "$27.85" appearing in subparagraphs 16.2.2(c) and (d), and insert in lieu thereof the following:

 

$28.40

 

12.        Delete the amount of "$37.26" appearing in subparagraph 16.2.2(g), of the said clause 16, and insert in lieu thereof the following:

 

$38.05

 

13.        Delete the amount of "$15.05" appearing in subclause 16.3, of the said clause 16, and insert in lieu thereof the following:

 

$17.70

 

14.        Delete the amount of "$28.05" appearing in subclause 16.4, of the said clause 16, and insert in lieu thereof the following:

 

$31.75

 

15.        Delete the amount of "62 cents" appearing in subclause 16.7, of the said clause 16, and insert in lieu thereof the following:

 

75 cents

 

16.        Delete paragraph 16.10.2, of the said clause 16, and insert in lieu thereof the following:

 

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 $7.35 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 $9.40 per week plus a sum of $3.75 per week for each pair of shoes, where such articles are required by the employer to be used in performance or rehearsal.

 

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

 

17.        Delete the amounts of "$4.98" and "$1.66" appearing in paragraph 16.10.4, of the said clause 16, and insert in lieu thereof the following amounts "$5.55" and $1.85" respectively.

 

18.        Delete paragraphs 16.13.2 and 16.13.3, of the said clause 16, and insert in lieu thereof the following:

 

16.13.2 Rehearsals

 

(a)        An employee aged sixteen years or over who is required to rehearse by the employer shall be paid $25.60 for one hour (minimum) and over one hour at the rate set out in subclause 16.13.2(b) per half hour or part thereof.

 

(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 of $12.80 per half hour or part thereof for the time actually worked.

 

16.13.3 Casual Supernumeraries

 

Casual supernumeraries shall be paid $18.40 per hour with a minimum call for performance of three hours and for rehearsals of two hours.

 

19.        Delete subclause 16.15, of the said clause 16, and insert in lieu thereof the following:

 

16.15    State wage Cases

 

(a)        The rates of pay in this award include the adjustments payable under the State Wage Case of 2003. 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.

 

20.        Delete the amount of "$12.45" appearing in subclause 22.6, of clause 22, Breaks, Meal Intervals and Allowances, and insert in lieu thereof the following:

 

$17.70

 

21.        Delete the amount of "$93.00" appearing in paragraph 30.3.2, of clause 30, Travelling, and insert in lieu thereof the following:

 

$105.00

 

22.        Delete the words "$327.00 per week or $65.40" appearing in paragraph 30.3.3, of the said clause 30, and insert in lieu thereof the following:

 

$366.50 per week or $73.30

 

23.        Delete section 30.3.3(1)(b), of the said clause 30, and insert in lieu thereof the following:

 

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

 

Destination

Amount

 

$

Sydney and Melbourne

733.00

Adelaide, Hobart, Perth and Brisbane

599.00

Canberra

666.00

Other places

533.00

 

24.        Delete the words "$327.00 per week or $65.40" appearing in paragraph 30.5.1, of the said clause 30, and insert in lieu thereof the following:

 

$366.50 per week or $73.30

 

25.        Delete the words "$32.80 per day to a maximum of $164.10" appearing in subclause 30.8, of the said clause 30, and insert in lieu thereof the following:

 

$36.70 per day to a maximum of $183.50

 

26.        Delete the words "$10.05" per day to a maximum of "$50.25" appearing in subclause 30.9, of the said clause 30, and insert in lieu thereof the following:

 

$11.13 per day to a maximum of $55.64

 

27.        Delete the amount of "$12.45" appearing in subparagraph 30.11.2(a), of the said clause 30, and insert in lieu thereof the following:

 

$17.70

 

28.        Delete the reference to "Division 2 of Part 3 of the Industrial Relations (General) Regulation 1996" appearing in subclause (a), of clause 32, Time Books To Be Kept, and insert in lieu thereof the following:

 

Division 2 of Part 4 of the Industrial Relations (General) Regulation 2001

 

 

 

P. J. SAMS  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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