1.
Arrangement
PART A
Clause No. Subject
Matter
1.
Arrangement
2. Basic
Wage
3. Definitions
4. Rates
of Pay
4A.
No Extra Claims
5. Terms
of Engagement
6. Hours
of Work
7. Overtime
8. Time
of Rehearsal
9. Wages
- Method of Payment
10. Time
and Payments Record
11. Sundays
and Public Holidays
12. Travelling
13. Publicity
14. Auditions
15. Wardrobe
and Make-up
16. Annual
Leave
17. Workers'
Compensation
18. Access
for Union Representatives
19. Notices
20. Provision
of Facilities
21. Grievance
Procedure
22. Superannuation
23. Area,
Incidence and Duration
60. Schedule
"A":
Standard Contract Casual Performance of Entertainment in
a Registered or Licensed Club
61. Schedule
"B": Structural Efficiency
PART B
MONETARY
RATES
Table
1 - Rates of Pay
Table
2 - Other Rates and Allowances
2.
Basic Wage
This award, in
so far as it fixes rates of wages, is made by reference
and in relation to the adult basic wage as set in Part B,
Monetary Rates. The said basic wage is subject to
variation in accordance with the provisions of subsection
(2) of section 14 of the Industrial Relations Act 1991.
Upon any such variation, rates of wages prescribed by
this award are subject to variation pursuant to section
15 of the said Act to the extent necessary to give effect
to the change in the said basic wage.
3.
Definitions
(i) Ballet or chorus means those employees who are
engaged to appear in a dancing and/or singing ensemble
and who sing and/or dance as members of such an ensemble.
Where only three singers are employed as members of a
singing group they shall be classified as variety
artists. Where four or more dancers are employed as
members of a dancing group or ensemble they shall be
classified as ballet. Where only three dancers are
employed in an ensemble they shall be classified as
variety artists.
(ii)
(a) Bingo Caller means a person engaged to present, host
or compere the game of bingo, alphy and housie, or games
of a like nature
(b) Assistant Bingo Caller means a person engaged to
assist a bingo caller in the presentation of the game of
bingo, alphy and housie, or games of a like
nature.
(iii) 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.
(iv) Character Costume
is a costume provided by the employer which covers most
of the body, is made of heavy weight/duty material and
denotes a character.
(v) Deputy Ballet
Master/Mistress or dance captain is a member of the
ballet ensemble who acts as assistant to the ballet
director or who under instruction of the director,
producer, stage manager, or employer supervises the
number of acts performed by the ballet ensemble during a
performance or rehearsal.
(vi) Disc Jockey means
an employee who is engaged to play recorded music and is
required to announce the music played.
(vii) Employee means a
person who is engaged to take part in a rehearsal or a
performance and who is required to speak, sing, dance,
pose, mime, entertain, iceskate, perform aquatically or
perform as a variety artiste or speciality artiste and
also means a person who is employed as an entertainer,
other than a player of a recognised musical instrument in
the orchestra or band, in a registered club and also
includes a square dance caller, a compere and/or master
of ceremonies, a disc jockey, bingo caller and assistant
bingo caller.
(viii) Engaged casually
means an employee who is engaged casually and paid as
such.
(ix) Engagement means
the period during which the employee is engaged to
rehearse, play and perform and shall mean in the case of
rehearsal a period of not less than two hours and in the
case of performance a period of not less than three hours
or payment therefore.
(x) Home Town means the
city or town where the employee actually was engaged by
the employer.
(xi) Juvenile means any
person under 16 years of age.
(xii) Negotiated rate
of pay means the rate of wage per performance, or per
hour in the case of rehearsal, paid to an employee as set
out in subclauses (i) and (ii) of clause 3 of schedule
"A", Standard Contract for Casual Performance of
Entertainment in a Registered or Licensed Club, and is
exclusive of any overtime or additional payments, namely
public holiday penalty payments, touring allowances and
like payments.
(xiii) A near nude or
semi-nude condition is when 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.
(xiv) Pantomime means a
production with an appeal primarily for children usually
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.
(xv) Performance means
a performance given by employees in
person
before an
audience.
(xvi) Playing means
taking part in an actual performance.
(xvii) Skater means an
employee whose performance takes place on ice- skates or
on roller skates.
(xviii) Skating
Ensemble means those persons who ice-skate or roller
skate as an ensemble but who do not skate as solo, duo or
speciality skaters.
(ixx) Speciality
Artiste means a variety artiste who is employed in a
performance and who, in addition to supplying wardrobe
and any scripts and dialogue material necessary for the
performance of his act also is required to supply
properties and gear such as, but not limited to musical
instruments, juggling equipment, puppets and puppetry
equipment, special lighting effects, rostrum, trapeze,
trampoline, furniture, athletic equipment and/or gear
and/or similar special properties incidental to and
necessary in the employee's performance (including
acrobatic equipment).
(xx) Union means the
Actors and Announcers Equity Association of
Australia.
(xxi) Variety or
Vaudeville (performance or production) means a production
which contains a number of variety or vaudeville acts
which may or may not be connected by a single or central
theme or plot. It may or may not contain ballet or
chorus.
(xxii) Variety Artist
means an employee engaged to perform as a variety
artiste, or who acts as a compere or master of
ceremonies, during the course of a performance or as a
duo singer or dancer. Such employee may also be required
to perform as an actor during the course of the
performance.
(xxiii) Venue
Consultant means a person who acts on behalf of an
entertainment industry employer, for a fee or
remuneration paid by any such employer, and who arranges
for a performance solely on an employee of a venue
consultant or an employer.
(xxiv) Vocalist means
an employee engaged for the purpose of singing solo
during a performance or to sing as a band
vocalist.
(xxv) Wages means the
total remuneration due and payable to the employee for
the agreed engagement at the time prescribed by clause 9,
Wages - Method of Payment.
(xxvi) Words importing
the masculine gender shall bedeemed 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.
4.
Rates of Pay
(i) The minimum rates of pay to be paid by an
employer for work, inclusive of work in or incidental to
either performances or rehearsals, or both, shall be as
set out in Table 1 - Rates of Pay of Part B, Monetary
Rates.
(ii) Juveniles - The
minimum rates of pay to be paid by an employer to
employees aged less than sixteen years for work,
inclusive of work in or incidental to either performances
or rehearsals or both shall be fifty per cent of those
rates set out in the said Table 1 and in subclause (iv)
of this clause.
NOTE: The above rates
have been loaded by 15 per cent to take account of the
casual nature of the engagement.
(iii) Rehearsals - An
employee who is required to undertake extra non-
performance duties shall be paid a loading as set out in
Item 2 of Table 2 - Other Rates and Allowances of Part
B.
(iv)
Loadings
(a) Where an employee
is required to undertake extra non-performance duties he
shall be paid a loading as set out in Item 3 of Table 2
per performance in addition to his negotiated rate of
pay. Duties which attract this loading shall be duties
which are ancillary to performance and which the employee
is required to carry out by the club's responsible
officer or agent and shall include but not be limited to
those performed by a deputy ballet master/mistress or
dance captain.
(b) Any performer who
agrees to appear nude or semi-nude shall be paid an
amount as set out in Item 4 of Table 2 respectively per
performance.
(c) Any performer who
wears a character costume as part of the performance
shall be paid an amount as set out in Item 5 of Table 2
per performance in addition to his negotiated rate of
pay.
(v) The supplementary
payment at each classification level includes an
adjustment reflecting the application of the arbitrated
safety net adjustment provided for in the December 1993
State Wage Case decision. Consistent with the
requirements of that decision, the arbitrated safety net
adjustment is absorbable to the extent of any equivalent
amount in rates of pay whether overaward, award or
enterprise arrangement in excess of the minimum rates
(classification rate and supplementary payment)
prescribed in accordance with the State Wage Case August
1989 Minimum Rates Adjustment Decision (6 March 1990) and
consolidated by subsequent State Wage Case
decisions.
4A.
No Extra Claims
It is a term of
this award (arising from the decision of the Industrial
Commission of New South Wales in Court Session in the
State Wage Case of 4 October 1989 (Matter No. 737 of
1989)) that the Union undertakes, for theduration of the
principles determined by that decision, not to pursue any
extra claims, award or overaward, except when consistent
with those principles.
5.
Terms of Engagement
(i) The
engagement of an artist shall be expressed in writing and
in the form set out in Schedule "A".
(ii) The ordinary rules
of law relating to contracts shall apply and shall be
binding on both employer and employee.
(iii) Nothing in this
award shall effect any legal right of an employer to
terminate without notice any employee's contract for
neglect of duty or misconduct and in the case of such
dismissal, wages shall be payable for the employment up
to but not after the time of dismissal. In the event of
any such employee being away from his 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
engagement as expeditiously as possible provided that
nothing contained in this subclause shall be taken as
limiting the employee's rights at law in respect of such
dismissal.
(iv) No employee shall
be required to appear nude. If an employee shall be
required to appear nude or in semi-nude state such
requirements shall be specified in clause 11 of schedule
"A", Standard Contract for Casual Performance of
Entertainment in a Registered or Licensed
Club.
(v) Engagement under
the terms of this award is for live performances only.
Recording of a live production by any means whatsoever is
expressly prohibited unless agreement is reached between
the employer, employee and the Union.
(vi) As much notice as
is reasonably practicable shall be given of cancellation
of an engagement. If an engagement which has been made is
cancelled by the employer at a time which is less than
fourteen days prior to the date of the performance for
which the employee was engaged, the employee shall
receive a payment in full. Cancellation of all
engagements shall be made by telegram or telex to the
address of the artist as stated on schedule "A" (
Standard Contract). Where the cancellation is made by
telegram or telex, notice shall be deemed to have been
given on the date the telegram or telex is sent by the
employer.
6.
Hours of Work
(i) Each
performance shall be a maximum of three hours including
half an hour prior to appearance time for band read
through, dressing and make-up, and fifteen minutes upon
conclusion of appearance for changing and removal of
make-up, provided that:
In the case of bingo
callers and assistant bingo callers, fifteen minutes
shall be allowed prior to appearance for preparatory
duties, and if it is necessary for the caller and/or
assistant caller to "set down" after the game, fifteen
minutes shall be allowed and counted as time worked at
the conclusion of the appearance.
(ii) Time worked in
excess of three hours shall be overtime and paid for as
set out in clause
7, Overtime.
(iii) The minimum time
to be credited to an employee for each rehearsal shall be
two hours.
7.
Overtime
(i) Overtime
Monday to Saturday inclusive shall be paid at the rate of
time and one-half for the first two hours and double time
thereafter, with a minimum payment for each half hour or
part thereof worked.
(ii) Time and one-half
and double time used in relation to:
Subclause (ii) of
clause
6, Hours of Work;
Subclause (ii) of clause
9, Wages - Method of
Payment,
means one-third of
appropriate "per performance" rate set out in Table 1 -
Rates of Pay of Part B, Monetary Rates, less fifteen per
cent casual loading, plus fifty per cent or one hundred
per cent as the case may be, of that unloaded hourly
rate.
(iii) Where a
"negotiated rate" is applicable in terms of
subclause
(xii) of
clause
3, Definitions
the method set out in subclause (ii) of this clause shall
be adopted for the calculation of overtime penalty
additions in relation to such negotiated rate.
8.
Time of Rehearsal
(i) On a day in
which no performance is given:
(a) Rehearsals shall be
held between the hours of 10 a.m. and 8 p.m. with an
unpaid interval of one hour for lunch clear of dressing,
undressing, making-up or other work. The interval shall
be given between the hours of 12 noon and 3
p.m.
(b) If a rehearsal
session is scheduled to exceed two hours there shall be
rest break of ten minutes given during the session. Such
break shall be treated as time worked.
(c) Rehearsals may not
exceed eight ordinary hours in any one day.
(d) All rehearsal time
worked in excess of eight hours on any one day shall be
paid for at the rate of time and one-half for the first
two hours and double time thereafter of the rates
prescribed in Item 2 of Table 2 - Other Rates and
Allowances of Part B.
(ii) On a day in which
a performance is given:
(a) On a day in which a
performance is to be given the rehearsal may not exceed
four hours in length.
(b) Where it is
necessary that a rehearsal call exceeds four hours,
overtime shall be paid at the rate of time and one-half
for the first two hours and double time
thereafter.
(c) If a rehearsal
session is scheduled to exceed two hours there shall be a
rest break of 10 minutes given during the session. Such
break shall be treated as time worked.
(d) There shall be a
break of two hours between the conclusion of rehearsal
and the commencement of performance. Such break shall be
in the employee's time.
(iii) Where the breaks
mentioned in paragraphs (a) and (b) of subclause (i) and
paragraphs (c) and (d) of subclause (ii) of this clause
are curtailed, overtime at the rate of time and one- half
shall be paid for each fifteen minutes or part thereof by
which each break is curtailed.
9.
Wages - Method of Payment
(i) By
agreement wages shall be paid by the employer in one of
the following ways:
(a) Wages shall be paid
in cash within fifteen minutes of the conclusion of the
final performance on any one night.
(b) Wages shall be paid
by cheque to be presented for immediate payment at the
place of performance.
(c) Wages shall be paid
by cheque made out to the employee to be provided to the
employee within fifteen minutes of the conclusion of the
performance.
(d) Wages shall be paid
by cheque made out to the employee to be posted to the
employee's address or agent's address as determined by
the parties in the Standard Contract.
(e) Wages shall be paid
by cheque and made out to the agent's trust account to be
posted to the agent's address.
(f) Wages shall be paid
by electronic funds transfer directly into the employee's
bank account on the next bank trading day after the
performance.
(ii) In the case of
payment made under paragraphs (a), (b) or (c) of
subclause (i) of this clause where payment is not made
within fifteen minutes of the conclusion of an
appearance, overtime shall be paid until payment is made
providing, that the employee does not leave the
premises.
(iii) The Secretary
Manager or responsible officer of the club shall be
responsible for ensuring that payment is made.
(iv) The artist shall
receive his/her fee in full and the payment of fees to
venue consultants shall be a separate arrangement between
the venue and the venue consultant.
(v) Payment shall be
delivered to the artist in his/her dressing room area set
aside for the purpose.
10.
Time and Payments Record
The following
record shall be kept for the engagement of artists:
Name of club: . . . . . . . . . . . . . . . . . . . . . .
. .
Name of performer: . . . . . . . . . . . . . . . . . . .
. .
Classification: . . . . . . . . . . . . . . . . . . . . .
. .
Date worked: . . . . . Arrival time: . . . . . . . . . .
.
Call from: . . . . . To: . . . . . . . . . . . . . . . .
.
Total Payment PAYE Tax Net Payment Payment
TimeSignature (if any)
All components to be shown as applicable $ . . . . .
Fee $ . . . . .
Rehearsal $. . . . .
Annual Hols $ . . . . .
*Overtime $ . . . . .
Other $ . . . . $ . . . $ . . . . . $ . . . . . $ . . .
.
Total
All columns shall be completed and the record signed by
the artist upon payment being made and countersigned by
the Club's Representative. The Time and Payments Record
shall be in duplicate and a copy handed to the employee
at the time of payment.
*See
clause 7, Overtime.
11.
Sundays and Public
Holidays
(i) Performances:
Time worked on Sundays and/or gazetted public holidays
shall be paid for at not less than double the appropriate
"per performance" rate set out in Table 1 - Rates of Pay
of Part B, Monetary Rates.
(ii) Time worked in
excess of three hours shall be paid for at one-third per
hour of the rate set out in subclause (i) of this clause,
with a minimum payment as for half an hour
worked.
(iii) Rehearsal: An
employee shall be paid double the prescribed hourly
rehearsal rate with a minimum payment as for four hours
worked for any rehearsal carried out on Sunday or a
gazetted public holiday.
(iv) If an employee is
required by the employer to travel on a Sunday or a
public holiday, the employee shall, unless paid in
pursuance of subclause (i) or (ii) of this clause for
working on the said Sunday or public holiday, be paid as
a minimum the prescribed award performance rate for every
three hours or part there of spent in such
travel.
12.
Travelling
(i) (a) Artists
residing in Sydney engaged for a performance at a club
more than one hundred kilometres distant from Sydney
G.P.O., shall be provided as a minimum, with an economy
class return air fare.
(b) Where no flight is
available, transport shall be by air- conditioned coach
or first class rail.
(ii) Where an employee
requests and the employer agrees, that he makes his way
to a working venue and journeys by car, he shall be paid
by the employer an allowance equal to the money that
would have been paid by the employer on his travelling by
the form of transport required by paragraph (a) or (b) of
subclause (i) of this clause.
(iii) An artist shall,
when travelling at night by rail, be provided with
sleeping accommodation. Should sleeping accommodation not
be available the employee shall be paid in cash the
difference between the standard provided and first class
sleeping accommodation.
(iv) Where an employee
is required to make his own way to a venue in excess of
fifty kilometres but less than one hundred kilometres
from the G.P.O. in the artist's city or town of
residence, he shall be paid an allowance per kilometre
for petrol and motor vehicle wear as set out in Item 6 of
Table 2 - Other Rates and Allowances of Part B, Monetary
Rates.
(v) Should the total
reasonable and necessary time of an employee's absence
from his home town, including the time occupied in the
outward and return journey to and from the venue of
employment exceed twenty-four hours, such employee shall
be paid, in addition to the applicable rate, one-half of
the casual rates provided by
clause
4, Rates of Pay for
each period of twelve hours or part thereof
of
such excess, in
addition to the provision of lodging meals.
(vi) Travelling
Allowances: When an artist is required to stay overnight
away from his normal place of residence he shall be
provided with satisfactory accommodation and meals of a
standard satisfactory to the artist. For the purpose of
this clause satisfactory accommodation shall be defined
as suitable single room accommodation of modern motel
standard. Provided that:
(a) In default of
providing accommodation the employer shall pay to the
employee an amount as set out in Item 1 of Table 2 for
each night he is obliged to remain overnight in any place
other than his usual abode, and in default of providing
satisfactory meals the employer shall pay an amount also
set out in the said Item 1, for each meal.
(b) Where an artist is
not required to stay overnight from his normal place of
residence but is required to travel outside his town or
city of residence to or from the place of engagement
during normal meal times he shall be paid an amount also
set out in the said Item 1, for each meal.
13.
Publicity
(i) An employee
shall provide a photograph or poster to the employer at
least ten days prior to the day of appearance except in
the case where an artist is booked with less than ten
days' notice. The employer shall display such photograph
or poster in a prominent position.
(ii) Where written
publicity material is provided, the employer shall not
alter its text without first obtaining the permission of
the artist.
(iii) All featured
artists shall receive at least twenty-five per cent
billing in all club displays and internal advertising for
entertainment purposes.
(iv) If an employer
requires additional publicity other than that provided
for in subclause (i) of this clause and requests an
employee to attend a publicity call for the purpose of
wardrobe, photographic or other publicity, such a call
shall be carried out only at the club where the employee
is engaged to appear. The maximum length of time for such
a call shall be two hours and the minimum payment for
such a call shall be 2/3 of the appropriate rate set out
in clause
4, Rates of Pay.
14.
Auditions
(i) The engagement shall not be deemed to have
commenced until after an audition if such is required by
the employer and an employee shall not be entitled to any
payment until he is definitely engaged
except as
prescribed in subclause (iii) of this clause.
(ii) Auditions shall
not be paid for unless the number there of requested
exceeds three in any period of twenty-eight
days.
(iii) For each audition
in excess of three in any period of twenty- eight days
the employee shall be paid at the performance rate
prescribed by this award.
(iv) Auditions shall
not be held in public.
15.
Wardrobe and Make-up
(i) Artists
engaged to perform at/under the artistic direction of the
employer or his agent, e.g. artistic director or
producer, shall be provided with, or reimbursed for the
purchase of additional make-up, costuming, props and
footwear as required by the employer for the
performance.
(ii) In accordance with
industry practice, acts engaged to perform "as known"
shall provide their own make-up, costuming, props and
footwear.
16.
Annual Leave
See Annual Holidays
Act 1944.
17.
Workers' Compensation
The employer shall
be responsible for insuring all employees covered by this
award under the provision of the Workers' Compensation
Act 1987 (N.S.W.).
18. Access for Union
Representatives
Access for union
representative to workplaces for the purpose of meeting
with employees and investigating suspected breaches shall
be in accordance with section 733 of the Industrial
Relations Act 1991.
19.
Notices
A
representative of the union may display union notices and
a copy of this award in a place as agreed between the
club's responsible officer and the union in each club in
which employees are performing or rehearsing.
20.
Provision of Facilities
(i) The
following facilities shall be provided for use of
performers:
(a) Hanging space for
each employee's costumes consisting of a rod and
hangers.
(b) A bench,
illuminated mirror and chair.
(c) Washing facilities
with hot and cold water.
(d) Tea and coffee
making facilities or provision thereof.
(ii) The following
facilities shall so far as practicable be provided for
the use of performers:
(a) A dressing room
area, divided into male and female section, for the
exclusive use of performers (on
entertainment
evenings). That is,
dressing rooms shall be free from all stores, spare
seating, indoor sporting equipment etc., at the time
performers are in attendance.
(b) Lockable lockers
for each performer or access to the dressing room as a
whole shall be barred except to the performers and duty
manager.
(c) Access to backstage
areas from other than the auditorium.
(d) Parking for each
performer nearest to the means of access to stage
facilities.
(iii) No exemption from
the requirements of subclause (ii) of this clause shall
be granted in relation to the entertainment facilities of
the design of which has been commissioned after the date
of the implementation of this award.
(iv) For the purposes
of this clause, performer is defined as all employees in
the classifications appearing in clause
4, Rates of Pay,
with the exception of bingo callers and assistant bingo
callers, provided that so far as is practicable bingo
callers shall be provided with access to a dressing room
or other staff area for preparatory duties security for
personal belongings, tea and coffee facilities, parking
facilities, and other facilities set out in subclauses
(i) and (ii) of this clause as necessary and
practicable.
21.
Grievance Procedure
(i) Where an
individual or group covered by this award has a grievance
with the employer, the following steps will be followed
in an attempt to alleviate the grievance.
(a) The employee(s) may
be represented by his or her union.
(b) The employee(s)
will notify (in writing or otherwise) to the employer as
to the substance of the grievance, request a meeting with
the employer for bilateral discussions and an outline of
the remedy sought.
(c) The grievance will,
initially, be dealt with as close
to its source as
possible i.e., with the Entertainment Manager or
equivalent.
(d) If resolution at
this level is unsuccessful, there will be graduated steps
for further discussion and resolution at higher levels of
authority, i.e., Secretary Manager.
(e) Reasonable time
limits are to be allowed for discussion at each level of
authority.
(f) Following
discussions, the employer must provide a response to the
employee's grievance, if the matter has not been
resolved, including reasons for not implementing any
proposed remedy.
(g) Normal work will
continue whilst the grievance procedure is being
followed.
(h) When
discussions with all levels of authority have failed to
resolve the grievance, either party may, at this stage,
seek the assistance of the Industrial Relations
Commission of New South Wales to resolve the
grievance.
(ii) Disputes Avoidance
Procedure
(a) The employer may be
represented by an industrial organisation of employers
and the employees may be represented by an industrial
organisation of employees.
(b) A question, dispute
or difficulty must initially be dealt with as close to
its source as possible, with graduated steps for further
discussion and resolution at higher levels of
authority.
(c) Reasonable
time limits are to be allowed for discussion at each
level of authority.
(d) Whilst the disputes
avoidance procedure is being followed, normal work must
continue.
(e) If the dispute in
question is not resolved it shall be referred to the
Industrial Relations Commission of New South Wales for
determination.
22.
Superannuation
Definitions
(i) For the
purpose of this clause, "negotiated performance fee"
refers to 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.
(ii) Subject to
section 180 of the New South Wales Industrial Relations
Act 1991, for the purpose of this clause, and unless the
employee works solely in the club industry and for
specific clubs "the applicable fund" shall be the "Joint
Entertainment Superannuation Trust". In the case of an
employee who works solely in the club industry and for
one specific club "Club Plus" shall be the applicable
fund.
(iii) For the
purpose of this clause, the "Joint Entertainment
Superannuation Trust" "(JEST)" shall mean the fund
established by the Joint Entertainment Superannuation
Trust Deed, which complies with the Australian
Government's Operational Standards for Occupational
Superannuation Funds.
(iv) For the purpose of
this clause, "Club Plus" shall mean the fund established
by the Club Plus Superannuation Trust Deed, which
complies with the Australian Government's Operational
Standard for Occupational Superannuation
Funds.
Payment
(v) In
addition to all other payments provided for under this
award the employer shall subject to this clause, make a
superannuation contribution on behalf of the performer of
an amount equivalent to 3% of the performer's negotiated
performance fee provided that this requirement shall not
apply to:
(a)
Artist performing within Australia who are normally
resident outside Australia;
(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 thirty
days.
Fund
Membership
(vi) (a) An
employer covered by this clause, at the time of
engagement, must establish whether the employee is a
member of the applicable superannuation
scheme.
(b) If the
employee shows no proof of such membership, the employee
shall be required to properly complete the necessary
application form to become a member of the Fund in order
to be entitled to the contributions prescribed in
paragraph (a) of this subclause. The employer shall
provide the employee with appropriate explanatory
material.
(c) Where a
contribution is made as prescribed in subclause (v) of
this clause, the employer shall forward to the relevant
fund administrator the contribution, the name of the
employee on whose behalf the contribution is made and the
Superannuation Fund number of the employee, or the
completed application form.
(d) The
superannuation contribution shall be paid no later than
thirty days following engagement.
23.
Area, Incidence and Duration
(i) This award
rescinds and replaces the Club Industry (Variety Artists)
(State) Award published 28 October 1987 and reprinted 2
August 1991 and all variations thereof. It shall apply to
all employees of the classification mentioned in
clause
4, Rates of Pay,
engaged on a casual basis for work in the Registered and
Licensed Clubs in the State of New South Wales
excluding:
(a) The County of
Yancowinna;
(b) Employee engaged on a weekly basis in accordance with
the provisions of the Actors, &c. (State) Award, and
also excluding;
(c) Bingo and assistant bingo callers engaged in a club
with twenty- five or less operating poker machines in
locations beyond the following radii
(1) 75
kilometres of G.P.O. Sydney, or Newcastle or
Wollongong,
(2) 40 kilometres of main post office Tweed
Heads.
(ii) FOR EFFECTIVE DATE
PLEASE REFER TO SCHEDULE OF AWARD AND VARIATIONS
TABLE.
Index
to Musicians Awards
