Actors, Entertainers and Announcers Equity Association, Queensland, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1991] QIRC 274 (1991) 137 QGIG 362

362 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [13 July, 1991 QUEENSLAND INDCSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990-1991 s. l 0.12 - application for variation Actors, Entertainers and Announcers Equity Association, Queensland, Union of Employees AND Queensland Confederation of Industry Limited, Union of Employers (Nos B76 and B676 of 1989) MODELS AND MANNEQLINS AW ARD - ST ATE COMMISSIONER EDWARDS 11 June 1991 VARIATION THESE matters coming on for hearing before the Com_mission at Brisbane on 17 January and 8 February 1990, 16 Apnl, 16 May and 11 June 1991, this Commission doth order that the said Award be varied as follows as from the first day of August, 1991:- 1. By insertmg a new clause 4A as follows:- "Superannuation 4A.(l) Application.- All employees employed under this Award, in addition to the rates of pay prescribed by this Award, shall be entitled to Superannuation provisions as follows. (2) Amount.- Employers will make minimum contributions to the Fund, on behalf of each employee in the following manner:- (a) 1.5% of ordinary time earnings to operate from 23 August 1988. (b) A further 1.5% of ordinary time earnings to operate from 1 January 1989. (3) Fund.- The Fund to which Employers are_ to make _contri- butions to, on behalf of employees, shall be the Joint Entcrtamment Superannuation TrusL (4) Provisions to he in addition 10 existing Superannualion Bene- flls.- The provisions prescribed in the clause shall be in addition to any existing Superannuation Benefit provided to the Employee by the Employer.". 2. By deleting clause 4 (Rates of Payment) and inserting the following in lieu thereof:- "Rates of Payment 4. The following shall be the minimum rates of pay for the following classes of work:- ( l) Gala Parades and Trade Showzngs - (a) Day (not later than 6.00 p.m.) - $86.05 for the first two hours or part thereof and $14. 53 per half hour or part thereof thereafter. (b) Night (later than 6.00 p.m.) - $102.75 for the first two hours or part thereof and $ l 4. 53 per half hour or part thereof thereafter. (2) Store Paradettes - Store paradettes shall not exceed 15 minutes each and shall be paid for as follows:- For engagements of - l to 3 parades 4 to 6 parades 7 to 9 parades Over 9 parades 57.53 76.51 95.62 121.77 Provided that engagements of three parades or less that occupy a spread of more than 2-1/2 hours from the commencement of the first parade to the conclusion of the final parade shall be paid for at the rate of $52.48 plus $9.82 for each further half hour in excess of the said 2 1/2 hours. (3) Manufacturers and/or Fashion Agents Showings - (a) Rates.- Mannequins shall be engaged and paid in accordance with the following periods of work:- Complete Day (9.00 a.m. to 5.30 p.m.) . . Half Dav (9.00 a.m. to 1.00 p.m. or 1.30 p.m. to 5.30 p.m.) - . Single Showing (maximum period of two hours and minimum engagement) $ 71.77 43.15 28.86 (bl Work Outside Ordznary Hours.- Except as provided in pla- ciwm (c) hereof, where a mannequin 1s required to commence work prior to 9.00 a.m. and/or continue working subsequent to 5.30 p.m., she shall be paid for all time so worked at the rate of $14.53 per hour. (c) Evening Showings.- Where a mannequin is required to perform a separate evening showing, commencing after 5.30 p.m., she shall be paid $64.66 : Provided that no mannequin shall be required to work later than 10.00 p.m. (d) Fittings.- Where a mannequin is engaged to attend a showroom or other place at a specified time for fittings only, she shall be paid at the rate of $28.86 per hour or part thereof for all time spent on such engagement. (4) Hostessing - Models and/or mannequins subject to this Award who are engaged to act as hostesses shall be paid the same rates as prescribed in subclause ( l) hereof. (5) Special Hairstyles, Tints, &c. - (a) The rates prescribed in this su_bclause shali only apply in those instances where the Employer mstructs the model to have a specified hairstyle and/or tint. (b) For the time occupied in obtaining the following hair treatment, a model shall be paid - Setting and water rinses Semi-permanent dye or bleach Per hour $ 24.18 28.86 (c) The rates prescribed in paragraph (b) hereof shall be in addition to the fees prescribed elsewhere in this clause for the class of work being performed: Provided that where special hairstyles and/or tints. &c. are for the purpose of demonstrating and/or promoting such hairstyles and/ or tints or products connected with coiffure, the rates shall be as prescribed for the class of parade in subclauses (l ), (2) or (3 J hereof in addition to the rates prescnbed m plac1tum (b) ofth1s subclause: Provided further that photographic engagements connected with the advertising of coiffure and/or coiffure products shall be paid for as prescribed in subclause (8) hereof in addition to the rates prescribed in placitum (b) of this subclause. (d) For the purposes of this subclause, the term 'semi-permanent dye' shall be deemed to mean and indude any artificial colouring or tinting that cannot be removed immediately followmg the engagement. (e) Where the hair of a model has been re-styled and/or colour rinsed or temporarily tinted, such model's hair shall be restored to the stvle, colour and/or tint of her hair immediately prior to the engagement. Such restorat10n shall be carried out in the Employ- er's time and shall be paid for at the rate of $24.08 per hour: Provided that where a model so requests she may forgo any one or more of the requirements of this placitum and provided further that nothing prescribed in this placitum shall be deemed to apply to permanent dyes as defined in paragraph (d) hereof. (6) Fillmgs and Rehearsals (Excluding Manufacturers and/or Fash- ion Agents Showings) - (a) Fittings - (i) Fillings Only.- Where a mannequin is engaged to attend for fittings only, she shall be paid at the rate of $28.86 per hour or part thereof. 13 July, 1991] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 363 (ii) Other Fittings.- Where a mannequin is required to attend for fittings in conjunction with another class of engagement, she shall be paid at the rate of $9.82 per twenty minutes or part thereof for the time spent in fitting: Provided that where such fittings are carried out later than 6.00 p.m. the mannequin shall be paid at the rate of $14.53 for twenty minutes or part thereof in lieu of the aforementioned rate. (b) Rehearsals - (i) Dress Rehearsals.- Dress rehearsals shall be paid for at the same rate as is prescribed for a Gala Parade or Trade Showing in accordance with subclause (1) hereof. (ii) Rehearsals Including Fittings.- Where a mannequin is booked for rehearsals and fittings combined in the same engagement, she shall be paid at the rate of $28.86 per hour or part thereof. (iii) Other Rehearsals.- All other classes of rehearsals shall be paid for at the rate of $24.08 per hour or part thereof. (7) Fashion Compering - The rates for compering a parade shall be the same as prescribed for mannequins in accordance with subclauses (1), (2) or (3) hereof, depending upon the class of parade being performed, with the addition of the following allowance:- For compering only For compering and providing a script for a paradette For compering and providing a script for a parade $ 19.28 24.08 43.15 (8) Photographic modelling - Fashion and/or Advertising - (a) For an assignment of - Up to and including 1 hour Up to and including 2 hours Up to and including 3 hours Up to and including 4 hours Up to and including 5 hours Up to and including 6 hours Up to and including 7 hours Up to and including 8 hours $ 38.32 59.85 76.51 93.22 109.88 126.69 143.28 160.06 (b) By mutual agreement between the Actors, Entertainers and Announcers Equity Association, Queensland, Union of Employees, . and the Queensland Master Photographers' Association, established / models shall be graded in accordance with the grades set out hereunder and shall be paid the following rates in lieu of those prescribed in placitum (a) hereof:- For an assignment of - Up to and including 1 hour Up to and including 2 hours Up to and including 3 hours Up to and including 4 hours Up to and including 5 hours Up to and including 6 hours Up to and including 7 hours Up to and including 8 hours 'A' Grade Model $ 43.15 69.36 90.81 112.31 133.71 157.04 176.54 198.10 Premiere Model $ 47.96 78.97 105.01 131.46 157.60 183.75 210.00 236.19 (c) Work Outside Ordinary Hours.- Where a model is required to work outside of the hours of 8.00 a.m. and 6.00 p.m., she shall be paid the rates prescribed in placitum (a) or (b) hereof, as the case may be, plus an extra $4.74 per hour or part thereof. (d) Work in Excess of Eight Hours.- Except as hereinafter pro- vided, where a model is required to work in excess of eight hours in any one day, she shall be paid for such work at $20.59 per hour or part thereof: Provided that those models graded in accordance with placitum (b) hereof shall be paid at the following rates:- 'A' Grade Model $ 26.45 Prem1ere Model $ 31.24 (e) Travelling Time.- Where a model is engaged for work on location, she shall be paid, in addition to all other moneys due to her, at the rates prescribed in placitum (a) hereof for all time spent in travelling outside of a five mile radius of the G.P.O., Brisbane, or the main Post Office in other centres. For the purposes of this Award. the term ·on location' shall mean any place outside of a photographer's studio. (f) Novice Afodels.- Novice models shall be paid at the rate of 75% of the rates prescribed in placitum (a) hereof: Provided that a model shall be deemed to be a novice until such time as she has completed twelve professional photographic assignments in any period of twelve months: Provided further that the term 'novice' shall also be deemed to mean and include any person who is not usually engaged in the modelling profession for the major and substantial part of her employment. (g) Bookings - (i) The prescribed rates are to be paid as from the time that a model is booked to commence work until the time that she is released from such work, including all travelling time except where otherwise provided in placitum (e) hereof: Provided that a model shall arrive ready to commence work, or in sufficient time to prepare herself for such engagement, unless the assignment demands the use of some special cosmetics or other special preparation in which case such preparation shall be carried out in the Employer's time. (ii) Where a model arrives late for an assignment and, without reasonable excuse, delays the work of the photog- rapher, she shall only be paid as from the time that her work commences and shall forfeit an amount not exceeding 25% of the hourly rate for each period of 15 minutes or part thereof, that she is late in arriving. (h) Cancellations - (i) Weather Check.- Except as provided in paragraph (ii) hereof, where an engagement is not carried out on a weather check, a model shall not be entitled to receive any payment apart from travelling time rates in accordance with placitum (e) hereof. (ii) On Location.- Where an engagement is cancelled on location, a model shall be entitled to receive full payment. (iii) General.- Except as provided in paragraph (iv), hereof. where a model receives less than 24 hours' notice of can- cellation of an engagement she shall receive full payment and where she receives at least 24 hours' but less than 48 hours' notice of such cancellation, she shall receive 45% payment: Provided that where at least 48 hours' notice of cancellation is given, the model is not entitled to receive any payment whatsoever. (iv) Short Notice Bookings.- Where a model is booked for an assignment on less than 48 hours' notice and such assignment is subsequently cancelled she shall, where 50% or more of the period of notice of assignment has elapsed, receive 50% payment and 10% payment in any other instance. (i) Postponements - (i) Where an assignment is postponed on at least 48 hours' notice, the model shall not be entitled to any payment whatsoever. (ii) Where an assignment is postponed on at least 24 hours' notice, the model shall be entitled to 10% payment. (iii) Where an assignment is postponed on less than 24 hours' notice, the model shall be entitled to full payment: Provided that where the model is available, and such assign- ment can be carried out within 24 hours of the original time fixed, the model shall only be entitled to receive 25% payment. (iv) Provided always that a model shall, in addition to any postponement payment in accordance with this Award, be entitled to receive full payment for an assignment after it has subsequently been completed. (i) Calculation of Payment.- For the purposes of calculating the payment due to a model who has had work cancelled or postponed, the photographer shall, when booking a model, specify the approx- imate period of time that will be involved in an engagement and such cancellation and/or postponement payments shall be calcu- lated upon such approximate period of time. -- 1 of 2 -- 364 QUEENSLAND GOVERNMENT INDUSTRI AL GAZETTE [13 Ju ly, 1991 (9) Photographic Modelling - A rt and/or Figure Photograph)' - Per hour or pan thereof Half Da y Full Day . (JO) Television - (a) Adveriising - Full Day . . . . . . . . Half Da y (minim um fee) (b} Parades -- Ten minutes or less $ 19.28 57.53 114.67 119 .5 1 7!.72 38.32 (c) Where a mannequin is requ_ired to attend a tel_evision studio prior to the commencement of a parade or rema10 at a studio subsequent to a parade, all such time in excess of thirty minutes shall be paid for at the rate of $14.01 per hour or part thereof (11) Film Work (other rhan as prescribed in subclause ( 9) hereof) - (a) On location or in swdio - Per Day ..... . .. . .. . Per Half Day (minimum fee ) On call - per day $ 1 I 9.51 71.72 71.72 (b) For the purposes of this subclause, the term ·on call' shall be deemed to mean and include any attendance at a location or studio for the purpose of appearing in a film where the model is not required to work whether by reason of inclement weather, unsuitability, or any ot her cause brought about by no fault of the model concerned. ( 12) Bookings (01her than photographic) - Where a mannequin is engaged for a parade, she shall arrive at least fi ft een minutes before the first parade or at the time fu.ed when the booking was made. In the event of the mannequin arriving late. she may forfeit her booking, or, if at the discretion of the principal, she is allowed to join in subsequent parades, she shall only be entitled to a proportionate payment based on the number of parades in wh ich she actually participates. (I 3) CancellaLions (other than photography) - The following shall be the minimum rates payable in the event of work being cancelled by the Employer through no fault of the model and/ or mannequ in concerned:- (a) Where cancellation occurs two days or less prior to t he commencement of an engagement, a model and/ or man- nequin shall be paid the full rate. (b) Where cancellation occurs seven davs and more than two days prior to the commencement o( an engageme nt, a model and/or mannequin shall be paid 45 % of the rate. (c) Where cancellation occurs after seven days and up to ten days prior to the commencement of an engagement, a model and/ or mannequin shall be paid 25% of the rate. (d) Provided that no model and/or mannequin shall be entitled to claim cancellation pay in respect of any day or part of a day on which she may receive payment for an alternative engagement. (14) Model/ettes and/or Novices (other than photographic) - Modellettes and/ or novices shall be paid 75%, of the rates prescribed for the class of engagement. For the purposes of this provision, a model and/o r mannequin shall be deemed to be a rnodelleue and/o r novice during her first twelve months' experience in the modelling profession: Provided that such model and/or mannequin shall have completed at least twelve professional engagements duri ng such period of twelve months and that in the event of her not having completed such twelve engagements. she sha ll remain classified as a modellette and/ or novice until such time as she has completed twelve profes- sional engagements. Confirmat ion of such twelve months' experience shall be obtainable from Union membership records and evidence of such twelve professional engagements shall be supplied by the model and/ or mannequin. (15) Calculation of Hourly Rates - Except where otherwise provided, all hourly rates hereinbefore prescribed sha ll, for the purposes of payment, be taken to the next highest complete half hour: Provided that where t he work ceases on a complete half hour, such rates shall only be for the actual time worked.". 3. By deleting clause 11 (Meal Breaks) and inserting the following in lieu thereof:- "Meal Breaks 11. Except where mutually agreed otherwise and except as here- inafter provided, no model shall be required to work for more than four and one-half hour's withou t a break for a meal of one hour's du ration: Provided thaI where such meal break is not allowed, double the rates prescribed herein shall be paid for all work performed sub- sequent to four and one-half hour's and such double rates shall continue until such time as the model is given a break of at least one hour. Provided further that this clause shall not apply where t he engage- ment includes an adequate meal or meals at recognised times to which the model is invited to partake and does, in fact so partake.". 4. By deleting clause 12 (Rest Pauses) and inserting the following in lieu thereof:- ''Rest Pauses I 2. Where the engagement is for four and one-half hour's or more, a model shall be entitled to a rest pause in the Employer's time of fifteen minutes duration during the morning and/or afternoon and/o • evening. Such rest pauses shall be taken at such time as will not interfere with the continuity of work where continuity is necessary. further, where practicable, fac ilities shall be provided for the making of tea or tea shall be supplied during such rest pauses.". 5. By inserting a new clause 16 as follows:- " Dispute Resolution Pr ocedur es I 6.( 1) The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an Employer in respect to an y industrial matter and all other matters that the parties agree on and are specified herei n. Such procedure shall apply to a single employee or to any number of employees. (2) In the event of an employee having a grievance or dispute the employee shall in the first instance attempt to resolve the matter with the immediate foreperson/supervisor, who shall respond to such request as soon as reasonably pract icable under t he circumstances. (3) If the grievance or dispute is not resolved under subclause (l) hereof, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should. if possible, take place within 24 hours after the request by the employee or the employee's representative. (4) If the grievance or dispute is still unresolved after discussions listed in subclause (2) hereof, the matter shall, in the case of a member of an Industrial Organization of Employees, be reported to the State Secretary of the relevant Organizauon and the Employ- er's nominated Industrial Representative. An employee who is not a member of an Industrial Organization of Employees may report the grievance or dispute to Senior Management or the nominated Industrial Representative. This should occur as soon as it is evident that discussions under subclause (2) hereof will not result in resolution of the dispute. (5) If, after discussion between the parties, or their nominees mentioned in subclause (3), the dispute remains unresolved after the parties have genuinefy attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given in pursuance of section 12. 1 of the Industrial Rela1ions Act /990- 1991. (6) Whilst all of the above procedures are being followed normal work shall continue except in a case of a genuine workplace. health or safety issue. (7) The status quo existi ng before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. t? 13 July, 1991] QUEENSLAND GOVERNMENT IND USTRIAL GAZETTE (8) All parties shall give due consideration to matters raised or any suggestion or recommendation made by an Industrial Com- missioner or Industrial Magistrate with a view to the prompt settlement of the dispute. (9) Any other Order of the Queensland Industrial Relations C om- mission (subject to the pa rties right of appeal under ,he Act) will be fin al and binding on all parties to the dispute. (I 0) Discussions at any stage of the procedure shall not be unrea- sonably delayed by any pany, subject to accep tance that some matters may be of such complexity or importan ce that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably ciela yed or hindered, it sha ll be open to a ny party to give notification of th.: d .is pute pursua nt to section 12 . l of t he Industrial Relations Act 1990- 199/.". Dated th is eleventh day of June, l 99 I. By the Commission, [LS.) MJ . CALLEN, Industrial Registra r. Operative Dat e: I August 199 1 Variation - Second Tier and Superannuation 124382-34 365 -- 2 of 2 --