Actors Entertainers and Announcers Equity Association, Queensland, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers and Others [1993] QIRC 401 (1993) 144 QGIG 476

476 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [29 October, 1993 h I ee is required to attend #################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 (2) Rehearsals - W ere an emp oy d . he . t the date upon which a pro uct1on opens, rehearsals prdior 0 h (ate rate prescribed by subclause (1) shall be paI at t e approp 1 • . hereof continuously until such date of opening. s. 131 _ application for variation Actors Entertainers and Announcers Equity Association, Queensland, Union of Employees AND Queensland Confederation of Industry Limited, Union of Employers and Others (Nos. R J 4-0 and R 14- 1 of 1993) ENTERTAINERS AWARD - STATE COMMISSIONER EDWARDS 14 September 1993 VARIATION . for hearing before the Commission_ at THIS matter co~ing ~~nd 14 September 1993, this Comm1ssIon ~~:~a;rde~nt~; thueg~~id Award be varied as follows as trom the fourteenth day of September, 1993:- 1 3 (R t of Payment) and inserting 1. By deleting cause a es the following in lieu thereof:- "Rates of Payment 3 (1) of payment work:- The following shai! be the m·1nimum weekly rates for persons employed in the designated classes of (a) Employees Over Sixteen Years of Age:- (bl Solo ... Duo (each) Speciality Artiste Trio (each) ... • · · · · · · • • • • • • • • • • • • Any act of more than four artistes (each) • Variety Artiste • • Other Enterta:,ner .. Vocalist ..... • · · · · · · : • • • • • • • • • Disc Jockey Providing Equipment and lighting effects .. • • · · · : • • • • • • Disc Jockey Providing Equipment Disc Jockey Providing Music Disc Jockey .. • • · · Actor ..... • · · · • · • Aquatic Speciality Artist Aquatic Ensemble Member-. For first three months • • · • • • • Thereafter ..... • · · · · • • Ballet or Chorus Member Skaters-. Solo or Duo .. • · · · Member of Ensemble Square Dance Team Member .. Supernumeraries and All Others Juveniles Years of Age Under 15 15 and under 1 7 Per \\eck $ 382.40 359.00 346.80 334.30 359.00 359.00 346 90 661.90 566.70 374.30 326.60 318.50 299.00 Per week s 257.50 288-70 304 50 318,50 304.50 264.40 257.50 Percental!.e of 'Ballet or 'Chorus r--.1ember' Rate % 45 55 Provided that such rate shall not be pay_able wh~~errean~ employee is already continuously employed I in . any production during such period by the same emp oyer. Brisb:~~v~dndd r~~~~:d ;~a;eh:~~:: afnan~tli~lro~:~tri h!n~hfitdal~~ be paid the allowance prescribed in subclause (4) hereof. 3 Casual Employees - The following shall be the mini~~m rates of payment payable to casual employees.- (a) Variety Artistes - A Variety Artiste, or_ an em~loyee d as an 'act ' of sixteen years ot age an over ehgl~geb a d at the rate of one-fifth of the rate s a ' .bed pf~r the class of performance prescribed by ~~=~~~ 1 (f) hereof plus an additional nineteen percentum in respect of each performance. . A Supernumerary and any (b) ~~G::n~~;r~~=!' ee~~~g~ who is not designated in subclause (1) hereof shall be paid at the rate of $9 .1890 (c) (d) (e) per hour. All Others - All other employees designated in subclause (1) hereof of sixteen years _of hagef athd or~~~ shall be paid at the rate of one-s1xt o . e . .b d t' the class of performance prescribed in prescn e or dd. • I ·neteen subclause (1) hereof, plus an a it1ona n1 percentum in respect ot each performance. Rehearsals - All employees aged sixteen years of age and over except those otherwise_ prov1dhed for 1nt_ ' b) h f hall be paid at t e rate o provision ( ereo,. s h d $6 3790 per half $12 7580 tor the first our an - h. h hou~, or part thereof, thereafter tor any call at w ic they are required to attend rehearsals. Employees Undr }i;te:hal I-btl lpafdptlitr~I 1i:1~~ ~;;~!~ta;::r!t tie r!tes hereinbefore prescribed in this subclause:- Under 15 years of age 15 years of age Perce 0 ~:age 45 55 Junior rates shall be calculated in muitipl~s. of .O~ of/ cent with any result of .025 of a cent or more eing ta en o the next highest .05 ot a cent multiple, (f) (g) (hl (i) (j) Minimum Payments for Rehearsal_s .- Ex(be)pthin thf c~h= of employees subject to prov1s1on , ereo, minimum payment for rehearsal shall be as tor one hour worked, unless an employee chooses to absent h1mselt prior to the completion of one hour, inhwl h1chh cal~ su~h lo ee shall be paid at the at our 'r ra _e ;~~cr(bed for each half hour, or part thereof, of his attendance at such rehearsals. Minimum Calls - Employees subject t_o provision (b) hereof shall be engaged on a minimum call tor performances of three hours and, for rehearsals, of two hours, Maximum Performance Time - Except in the _case of employees to whom provision (b) hereat applies, thd maximum duration of any performance shal_l not __excee three hours excluding making-up and/or taking-ott time. Maximum Rehearsal Time - No continue for more than three hours. rehearsal shal I Rehearsal Paid As Performance - Exc,ept as hereinafter provided, no rehearsals shall_ be he,d on a Su nd ay, Christmas Day or Good Friday. Juvenile rates shall be calculated in multipts of teh cent~ with any result of five cents or more being ta en to t e nex highest ten cent multiple: Provided that in the event of emergent circumstanc_es arising any rehearsal held on such days shall be paid tor as a performance. Provided that where a juvenile employee is 'o_n tour' he sh_all be paid at the appropriate rate prescribed in prov1s1on (a) hereat. (kl Cancellations - Except as provide_d in plrdsibn t~~ hereof, where a casual engagement is cance e y 29 October, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 477 employer less than ten days prior to the date of performance the employee so engaged shal I receive payment in full, (I) Inclement Weather - Except as hereinafter provided, where an open-air performance is postponed or abandoned, on account of inclement weather conditions, an employee casually engaged for such performance shall receive the full payment that would have been due for such performance: Provided that where such employee is re-engaged for a postponed performance of such presentation and such presentation occurs not later than three weeks from the date of postponement, the employee shall be paid 50% of the said payment in lieu thereof_ (4) On-Tour - (a) Except as hereinafter provided, all employees who are required to go on-tour with a production shall be paid the following allowances:- (i) Capital Cities - Where the production is staged in a capital city such employees shall be paid an allowance of $316.50 per week and, in respect of any part of a week, $63.30 per day, whilst the employee is on tour in any such capital city; (ii) Other Places - Where the production is staged in a capital city as aforesaid, such employee shall be paid an allowance at the rate of 90% of the allowance prescribed in paragraph (i) hereof whilst the employee is on tour at any such place: Provided that - (A) Where the daily allowance is payable, no employee shall be entitled to receive more than the prescribed weekly allowance in respect of any one week; (B) Where all recognised meals and/or accommodation are provided by the employer, the allowances may be reduced by the following quanta:- All meals ... Accommodation 32% 58% (C) Such meals and/or accommodation shall be of a suitable and satisfactory standard. (b) Where an employee is engaged on a fixed term contract to perform at one centre he shall be paid the on-tour allowances as fol lows:- (i) Where the duration of the contract is for less than thirty-nine weeks and more than twenty-six weeks:- For the first thirteen weeks For the next thirteen weeks Thereafter . PercL"lltage of Allowance % 100 75 50 (ii) Where the duration of the contract is for more than thirty-nine weeks and less than fifty-two weeks:- For the first ten weeks , . For the next ten weeks . Thereafter . Percentage of Allowance % 100 75 50 Provided that where an employee is required to tour away from such centre to perform and/or rehearse at another centre he shall be paid the full on-tour allowance for any such period. (c) Employees on tour shall be paid wages as from the time that they leave the place of engagement until the time that they return to that place or otherwise leave the tour: 144204--40 Provided that any broken weeks work shall be paid for at pro rata rates and the departure and return days (including Sundays) shall count as one day worked, (5) Walking Understudies, etc. - A walking understudy, a supernumerary understudy speaking no more than eighty words, and any employee speaking no more than eighty words in a theatrical production shall be paid at the rate of $ 304,50per week and $ 318.50per week whilst on tour: Provided that this rate of payment shall not apply to employees under sixteen years of age, (6) Supernumeraries, etc. On-Tour - Supernumeraries and all other employees not designated in subclause (1) hereof shall be paid the rate prescribed for 'Ballet and Chorus Members' whilst 'on-tour', (7) A member of a chorus, ballet or skating ensemble, or a showgirl speaking not less than seven lines, in the aggregate comprising no less than seven lines in the aggregate comprising no less than thirty words, or singing no less than twenty-four bars of music solo, shall be paid an additional $ 1-60 per pertormance. (8) Acting Assistant Stage Manager - An employee who, as part of his duties is required to act as an assistant stage manager shall be paid an additional $20.80 per week_ (9) A member of a ballet, chorus or skating ensemble who acts as deputy ballet, chorus or skating ensemble director or who, under instruction and supervision of the producer, stage manager and/or employer, supervises the numbers of acts performed by such ballet, chorus or skating ensemble during a performance or rehearsal shall be paid an additional $20,80 per week. (10) Understudies - Except as provided in subclause (5) hereof and hereinafter, any employee who is required to act as an understudy shall be paid an additional $5.40 per week for each part so understudied: Provided that where any such part is one of the four, or less, leading artistes in the company such employee shall be paid an additional $22-70 per week in respect of such part. (11) Nudes, etc. - An employee who agrees to pose as a nude or semi-nude shall be paid an additional $11.90 per performance_ (12) An employee who is required to perform driving duties, or be in charge, whilst on tour shall be paid an additional $27.90 per week. (13) Animated Character Costumes - Where an employee is required to wear a costume comprising a head and body or a head and costume, of a character or animal such employee shall be entitled to remove the headpiece for, at least, five minutes every half-hour and shall be paid an additional allowance of $5,95 per occasion: Provided that for the purposes of this subclause the term 'character' or 'animal' shall mean any fictional or non-fictional character or animal that is simulated with a headpiece or full head mask. (14) Auditions - Where an employee is required to audition he shall be paid as for a performance in the event of such audition being held in public.". 2. By inserting a new clause 22A (Award Modernisation) as follows:- "Award Modernisation 22A. The parties are committed to a thorough examination of the Award covering the industry to ensure that they reflect the needs of a modern and efficient industry and to eliminating or amending provisions which restrict the ability of the industry to adapt quickly and efficiently to the changes which may occur now and in the future_ The parties are committed to modernising the terms of the Award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process. -- 1 of 2 -- 478 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE In conjunction with the pro pose d new award st ru cture the Ind us trial Organisat ion is p re pared to di scuss wi th employers all matters rai sed by the employers des igned to increase fl exibili ty and efficiency in the industry: Provided th at th e chan ges wi ll not be of a cost-cu tting nature, t he parties ag ree that under this h ead ing any ma tte r can be rai sed for di scus sion.". 3 . By in sert ing a new clause 22B (No Further Claim s) as fo l lo w s:- "No Further Claims 228. It i s a te rm of th is Awa rd (arising from the decision of the Sta te Wage Case of October 1989), th_at the ln_d us tria l O rgan isation underta kes for the duration ot th e Pri ncipl es determin ed by that decision, not to p urs ue any extra cl ai ms, awa rd or overaward except when consistent w ith those principl es .". Dated thi s fourteen th day of Sep tember, 1993. By the Com mi ss ion, [l.S .] MJ . CALLEN, In dustrial Reg i st rar. Operat ive Date: 14 September 1993 Variation - Res tructuring - First Pa yment Released: 18 Oc tober 1993 #################################################### (2 9 October, 1993 29 October, 1993 ] QUEENS LAND GOVERNMENT INDUSTRIAL GAZETTE 479 -- 2 of 2 --