60. Schedule
"A" - Standard Contract for Casual Performance of
Entertainment in a Registered or Licensed Club
This 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
Index
to Musicians Awards
