Musicians in New South Wales
CLUB INDUSTRY (VARIETY ARTISTS) (STATE) CONSOLIDATED AWARD
60. Schedule "A": Standard Contract Casual Performance of Entertainment in a Registered or Licensed Club
60. Schedule "A" - Standard Contract for Casual Performance of Entertainment in a Registered or Licensed ClubThis Agreement is made this . . . . . . . . . . day of .20..
Between . . . . . . . . . . . . . . . . . . . . . . . . . . .(Name of Artist/Act)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Address of Artist/Act) (hereafter called the Artist/Act)
and. . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name of Employer)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (hereinafter called the Employer)
Whereby the Employer agrees to engage the Artist/Act under the terms and conditions shown below and overleaf.
1. The Employer hereby engages the artist/act to perform at . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . (place of performance) on the . . . . . day/s of . . . . . . . 20 . . . .
Arrival time is . (provided that this time shall not be longer than thirty or sixty minutes prior to commencing time (delete 30 or 60 as applicable).
Performance commencing time is . . . . . . . . . . . . .
2. Rehearsal is/is not required (delete one) at . . . . . . . . . . . . . . . . . . . . . . . . . . .(place of rehearsal) On the . . . . . day/s of . . . . . . 20. . . . . commencing at . . . . . . . . . . . . . . . . . . . . . . and concluding at . . . (minimum call 2 hours)
3. Engagement Moneys:
(i) Rehearsal payment per hour (if applicable) plus 1\12th of ordinary time payment for rehearsals as annual leave entitlement.(ii) Performance fee per performance. The fee incorporates an amount for annual leave as per clause 16 of the Club Industry (Variety Artists) (State) Award. Overtime to be paid if applicable in accordance with clause 7 of the Club Industry (Variety Artists) (State) Award.
(iii) Travelling Allowance . . . . . . . . . . . . . . . ( if applicable)
(iv) Extra Loadings . . . . . . . . . . . (if applicable)
4. Method of Payment - As per clause 9 of the Club Industry (Variety Artists) (State) Award, payment shall be by one of the following methods, subject to the employee's consent: (delete options not applicable)
(i) In cash - to be paid within fifteen minutes from the conclusion of the final performance.(ii) By cheque - to be presented for immediate payment at the place of performance.
(iii) By cheque - made out to the artist/act to be provided to the employee within fifteen minutes from the conclusion of the performance.
(iv) By cheque - made out to the artist/act to be posted to the artist/act's address as shown above or to the agent's address if agreed between the artist/act and agent.
5. If the engagement is cancelled by the Employer at a time which is less than 14 (fourteen) days prior to the date of the performance the artist shall receive payment in full.
6. The forwarding of commission to the Artist's agent shall be the Artist's responsibility.
7. Number of Artists engaged in the act of the Artists consists of more than one person, the member of the act signing this agreement as or on behalf of the Artist warrants that he/she is authorised remaining member(s) of the said act to sign this agreement on his/her or their behalf.
8. The employer agrees that there will be no broadcasting, telecasting, recording, filming, taping or photographing of any performance or portion thereof given by the Artist, carried out by any means whatsoever by any person whomsoever, unless by agreement under subclause (v) of clause 5 of the Club Industry (Variety Artists) (State) Award, as varied, shall apply and form part of this agreement as if the same were set forth herein.
9. The terms and conditions of the Club Industry (Variety Artist) (State) Award, as varied, shall apply and form part of this agreement as if the same were set forth herein.
10. (i) Artist's Agent (if applicable) . . . . . . . . . . .
Address . . . . . . . . . . . . . . . . . . . . . .(ii) Venue consultant (if applicable) . . . . . . . . . .
11. Special Conditions
For the Employer:
For the Employee:. . . . . . . . . . . . . . . . . . . .
Signature Signature
. . . . . . . . . . .
Name (please print) Name (please print)
. . . . . . . . . .
Position
. . . . . . . . . . . . . . . . . . . .
Date Date
. . . . . . . . . . . . . . . . . . . .
Witness
N.B.Unless the Agent can produce evidence of Power of Attorney, this contract must be signed by the Artist.
61. Schedule "B" - Structural Efficiency
Agreement between Actors and Announcers Equity Association of Australia, The Licensed Clubs' Association of Australia and The Registered Clubs' Association of New South Wales pursuant to the principles outlined in the State Wage Case of October 1989.(a) The parties affirm their commitment to the Structural Efficiency Principle as contained in the State Wage Case decision of October 1989.
(b) The parties agree more over that the classification structure should be reviewed and that wage rates in the award need to be rationalised.
(c) As part of the ongoing process of modernising this award in accordance with the provisions of the October State Wage Case decision, The Registered Clubs' Association of New South Wales, The Licensed Clubs' Association of Australia and Actors and Announcers Equity Association of Australia have agreed to establish a working party to undertake a detailed review of the award.
(d) The parties acknowledge that the award is a recent award and does not contain a range of outdated and inefficient provisions. The nature of the industry, however, has meant that ensuring compliance with the award has been difficult. A review process of agent practices in New South Wales to which the respondents were party has produced legislative provisions which, when implemented will have a profound impact upon the way clubs employ and pay performers. This working party can play a major part in the implementation process.
Accordingly, the working party will examine a wide range of issues relating to the employment of performers by the respondents, including: investigating more flexible approaches to the employment of performers; development of means to ensure compliance with the award; the further development and monitoring usage of the standard contract.
(e) The working party will also consider: review of classifications structure and appropriate minimum rates of pay;possible efficiency measures to address inefficient work/management practices that may be identified; measures relating to training and skills enhancement and to improved career paths for performers; health and safety measures.
(f) The establishment of the working party is predicated on the understanding that: the discussion process is not to be approached in a negative cost- cutting manner; no employee will lose income as a result of any change; any agreement on change will be subject to ratification by the Industrial Relations Commission of New South Wales; and the parties will assist in the implementation of any change and attempt to ensure change takes place in an orderly manner.
(g) As the first step to implementing the decision of the State Wage Case of October 1989, the parties have agreed to: a first stage adjustment to rates of pay consistent with the State Wage Case principles. an initial revision of the classification structure in the award by deletion of the classification of square dance team member and aquatic performer; variation of the award to recognise recent legislative changes.
CLUB INDUSTRY (VARIETY ARTISTS) (STATE) CONSOLIDATED AWARD