MUSICIANS
(LIVE PERFORMANCE) (STATE) CONSOLIDATED AWARD
Schedule of
Consolidated Award Published on 20.1.95 and Subsequent
Variations Incorporated
Arrangement
PART A
Clause No. Subject
Matter
1.
Basic Wage
2. Definitions
3. Terms
of Engagement
4. Termination
of Employment
5. Wage
Rates - Weekly Employees
6. Wage
Rates - Regular Weekly Part- time Employees and Casual
Employees
6A. No
Extra Claims
7. Payment
of Wages
8. Additional
Rates and Allowances
9. Overtime
and Extraordinary Rates
10. Sundays
and Public Holidays
11. Duration
of Calls
12. Breaks
13. Annual
Holidays
14. Bereavement
Leave
15. Sick
Leave
16. Long
Service Leave
17. Travelling
and Transportation
18. Band
Room Accommodation and Storage of
Instruments
19. Uniforms
20. Subcontracts
21. Arranging
Band Parts and Orchestration
22. Time
and Wages Records
23. Right
of Entry
24. Preference
of Employment
25. Preservation
of Existing Rates
26. Special
Arrangements
27. Recording
and Photography
28. Publicity
29. Support
Acts
30. Superannuation
31.
Leave Reserved
32. Grievance
Procedure
33. Area,
Incidence and Duration
PART B
MONETARY
RATES
Table 1 -
Rates
of Pay
Table 2 -
Other
Rates and Allowances
1.
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 out 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.
2.
Definitions
Call shall mean an appearance for either a
performance or a rehearsal of not less than three hours'
duration.
Break shall mean periods during calls in which an
employee shall not be required to perform musical
services but shall count as time worked.
Weekly Employee means an employee engaged by the
week for at least six calls in a week.
Week means the period commencing 12.01 a.m. Sunday
and ceasing 12.00 midnight the following Saturday.
Regular Weekly Part-time Employee means an
employee specifically engaged as such and working for two
to five performances each week for a period of not less
than four consecutive weeks' duration.
Casual Employee means an employee engaged
otherwise than as a weekly employee or regular weekly
part-time employee.
Musical Services (Accompanying) means work
performed in opera, ballet, concerts, religious
performances, general theatrical entertainment inclusive
of pantomime and variety shows, vaudeville shows,
vaudeville revue, musical comedy, drama, circuses and
other classes of work in which employee musicians are
required to accompany artists; provided that, for the
purpose of this clause, the word "artist" shall not mean
or include a vocalist who regularly works as an integral
part of a band or an orchestra.
Musical Services (Unaccompanying) means all other
live work performed by musicians. This includes talking
through music routines and receiving instructions on
routines, miming their own pre-recorded music, being
directed to adjust equipment, sorting out and placing in
order music before and/or after the performance of
same.
Band means a combination of two or more
musicians.
Orchestra shall have the same meaning as Band.
Band Leader means an employee who plays,
supervises and directs the band in its duties.
Conductor-Leader means an employee who directs and
supervises a band but may not necessarily play in the
band. A Conductor-Leader shall be recognised as a Band
Leader.
Orchestral Leader means the first or principal
violinist or instrumentalist who is required to perform
the duties of leader where there is a conductor. An
Orchestral Leader shall be recognised as a Band
Leader.
Principal or Principal Instrument or Principal
Instrumentalist in any orchestra or band shall mean
and include:
(a) Repetiteur violin
(that is, a violin sitting with the leader), principal
second violin, principal viola, principal cello,
principal bass, principal flute, principal piccolo,
principal oboe, principal cor anglais, principal clarinet
principal E flat clarinet, principal bass clarinet,
principal bassoon, principal contra bassoon, principal
saxophone, principal and third horn, principal cornet,
principal trumpet, principal and bass trombone, principal
euphonium, principal tuba, principal tympani, principal
percussion, principal vibracussion, principal harp,
principal piano and principal organ.
(b) The first of any
one or more instruments other than in the foregoing and
where eight or more persons are engaged.
(c) Where there is only
one player of any one instrument and where eight or more
persons are engaged, the player of that
instrument.
Speciality
Entertainment means work done in, or in connection
with entertainment provided by famous or imported
artists.
Union means The Musicians' Union of Australia, New
South Wales District.
Vocalist shall mean a person who sings as a
soloist and is accompanied by themselves or a band or an
orchestra.
Doubling shall mean a player of one or more extra
instruments. A percussionist shall only receive such an
allowance in respect of each of the following
instruments: xylophone, vibraphone, tympani and either
(but not both) marimba or glockenspiel.
3.
Terms of Engagement
(i) All employees engaged in terms of this award
shall provide their employer with a bona fide address to
which all notices can be sent.
(ii) Terms of
engagement for regular weekly part-time employees shall
be the same as for weekly employees.
(iii) A weekly employee
shall be employed for at least seven days, details of
which shall be confirmed in writing.
(iv) Weekly employees
are entitled to the prescribed weekly wage if they are
ready and willing to perform the work, whether the
employee is required to perform such work or not. This
provision shall apply to all engagements, open air or
not.
(v) Weekly employees
are entitled to 14 days' notification of any alterations
to a weekly engagement for which a lower weekly wage is
prescribed.
(vi) Where the
employment of a weekly employee is terminated other than
on the last working day of the pay period, he/she shall
be paid pro rata the prescribed weekly wage.
(vii) Where an employee
is required by an employer to go on tour, such employee
shall be deemed to be in the employment of the employer
for at least from the time at which the employee begins
to travel on the tour and to remain in such employment at
least until he/she finishes travelling on the return from
the tour.
(viii) Where an
employee is not expressly engaged as a weekly or regular
weekly part-time employee, he/she shall be deemed to be
engaged as a casual employee, provided each performance
or rehearsal shall not be for less than three hours'
duration or payment therefor.
(ix) Casual Engagements
- The employer has the right to specify whether the
contract of employment shall be oral or in writing. An
oral contract may be confirmed in writing. The written
confirmation shall be deemed to have been received by the
addressee on the provision of sworn evidence that the
said confirmation was despatched by post, lettergram,
facsimile, hand delivery or other recognised
means.
(x) Notwithstanding
anything elsewhere contained in this award, an employer
may, in the case of any weekly employee, deduct payment
of wages on any one day on which an employee cannot be
usefully employed because of:
(1) any
strike;
(2) any breakdown of machinery;
(3) any stoppages of work unavoidable by the
employer.
4.
Termination of Employment
(i) (a) The employment of a weekly or weekly
part-time employee can only be terminated on either side
by at least seven days' written notice of
termination.
(b) In the case of a
season in a theatre, by notice plainly posted on the call
board at least 14 days prior to the conclusion of
production.
(ii) For a casual
employee, if an engagement which has been made is
cancelled by the employer at a time which is less than 14
days prior to the date of the engagement for which the
employee was engaged, the employee shall receive payment
in full. Cancellation of all engagements shall be in
writing delivered to the address notified by the
employee, in the terms of subclause (i) of
clause
3, Terms of Engagement.
Cancellation may also be in the form of telex, telegram,
or facsimile and notice will be deemed to have been given
on the day it was sent by the employer. Where
cancellation is delivered in the form of lettergram,
telex, facsimile, recognised courier service, registered
or certified mail, such notice will bedeemed to have been
effective on the day it was despatched; provided
verification of such dispatch may be requested by the
union. Neither statutory declarations nor affidavits will
be acceptable verification.
(iii) Employees engaged
in "Speciality Entertainment" shall be entitled to the
same provisions as casual employees.
(iv) Nothing in this
award shall affect any legal right to dismiss without
notice an employee, whether on tour or not, for
malingering, inefficiency, neglect of duty or misconduct.
In the case of such dismissal, wages or other moneys or
allowances due under this award shall be payable for the
employment up to but not after the time of
dismissal.
5.
Wage Rates - Weekly Employees
(i) The minimum weekly rates of pay for all weekly
employees as defined in this award shall be the hourly
rate set in Table
1 - Rates of Pay, of Part B, Monetary
Rates,
multiplied by the number of hours worked with a minimum
of three hours for each call.
(ii) In addition to the
minimum weekly rates prescribed in subclause (i) of this
clause, an employee employed to provide musical services
(accompanying) as set out in clause
2, Definitions,
shall be paid an amount of five per cent of the minimum
weekly rate so long as he/she is so employed.
(iii) 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.
6. Wage Rates - Regular Weekly Part-time Employees and
Casual Employees.
(i) Regular Weekly Part-time - The minimum rate of
pay for all regular weekly part-time employees as defined
in this award shall be the total minimum rate prescribed
in subclause (i) of clause
5, Wage Rates -
Weekly Employees, plus ten per cent, with a minimum of
three hours for each call.
(ii) Casual - The
minimum rate of pay for all casual employees as defined
in this award shall be the total minimum rate prescribed
in subclause (i) of the said clause 5, plus 20 per cent,
with a minimum of three hours for each call.
(iii) Accompanying - In
addition to the minimum rates prescribed in subclauses
(i) and (ii) of this clause a regular weekly part- time
and a casual employee employed to provide musical
services (accompanying) as set out in clause
2, Definitions,
shall be paid an amount of five per cent of the minimum
hourly rate so long as he/she is employed.
6A. No
Extra Claims
It is a term of this award (arising from the decision of
the Industrial Commission in Court Session in the State
Wage Case of 4 October 1989) that the union undertakes,
for the duration of the principles determined by that
decision, not to pursue any extra claims, award or
overaward, except when consistent with those
principles.
7.
Payment of Wages
(i) Weekly and Regular Weekly Part-time Employees - All
wages, including overtime, shall be paid on one day of
the week, not later than Thursday. Where a public holiday
falls on a Friday, wages shall be paid on one day of the
week not later than Wednesday, provided that accrued
overtime payment shall be made not later than the week
following the week in which it was worked. Employees who
are paid their wages at any time other than during
working hours, if kept waiting for more than 15 minutes
at the employer's premises, shall be paid overtime rates
for such waiting time.
(ii) Casual Employees -
All moneys due under this award to a casual employee
shall be paid on completion of the work or, by mutual
consent, weekly.
(iii) Electronic Funds
Transfer - The employer may pay by means other than cash,
that is by cheque or electronic funds transfer into an
account nominated by the employee. Such payment to a
casual employee shall be made on the next bank trading
day after the performance or, by mutual consent,
weekly.
8.
Additional Rates and Allowances
(i) Soloist - appropriate rate plus 17.5 per cent.
(ii) Principal - appropriate rate plus 12.5 per cent.
(iii)(a) Band Leader (two musicians) - appropriate rate
plus 20 per cent.
(b) Band Leader (three
or more musicians) - appropriate rate plus 33.33 per
cent.
(iv) Speciality
Entertainment - appropriate rate plus 66 and two-thirds
per cent.
(v) Organist -
appropriate rate plus 20 per cent.
(vi) Doubling (per
additional instrument per call)
(a) if supplied by the
musician: an amount as set out in Item 1 of
Table
2 - Other Rates
and Allowances, of Part B, Monetary Rates;
(b) if supplied by the
employer: an amount as set out in Item 2 of
Table
2.
(vii) Vocalist - an
additional amount per call as set out in Item 3 of
Table
2.
(viii) Music - where an
employee is required to supply his/her own music: Weekly
and part-time employees - an amount per week as set out
in Item 4 of Table
2. Casual
employee - an amount per call as set out in Item 5 of
Table
2.
(ix) Refreshment -
Where an engagement is for four hours or more and meals
are served on the premises, an employee shall, while on
duty, be entitled to a meal, free of cost, whenever the
venue is providing such meals. In lieu, the employer may
make payment of an amount as set out in Item 6 of
Table
2. When, in
addition to the ordinary evening call, an employee takes
part in an intermediate call commencing at between 4.30
p.m. and 6.30 p.m. a meal allowance of an amount as set
out in the said Item 6 shall be paid. Tea or coffee shall
also be provided.
(x) Set Up - Where it
is necessary for a drummer or an electronic
instrumentalist (including keyboards, electric and bass
guitars) to set up their equipment, an additional
allowance equal to 15 minutes at the appropriate rate
shall apply.
(xi) P. A. Allowance -
Employees providing a Public Address System
(a) Up to 100 watts -
an amount as set out in Item 7 of Table
2.
(b) Over 100 watts - an
amount as set out in Item 7 of Table
2.
9. Overtime and Extraordinary Rates
(i) All time worked on Monday to Saturday, inclusive,
in excess of the prescribed time of any call, that is
three hours, shall be paid for at the rate of time and
one-half for the first three hours and double time
thereafter. Provided that work performed after 12
midnight shall be paid for at double the appropriate
ordinary rate.
(ii) Any call in excess
of two worked on any one day shall be paid for at the
rate of time and a half.
(iii) Overtime payments
payable under this clause shall be made in respect of
each quarter hour or part thereof, provided that where
the time limit of a call is exceeded by six minutes or
less such time shall not be counted for the purpose of
this clause.
(iv) If an employee is
directed to appear at a call which commences within one
hour of the conclusion of a call at which such employee
has appeared, the rate of pay for the second call will be
calculated at the overtime rate of time and one-half
unless there has been a complete change of audience
between such two calls.
10. Sundays and Public
Holidays
(i) Except as otherwise provided in this award, all work
performed on Sundays shall be paid for at double the
appropriate rate payable for work performed on ordinary
days.
(ii) Public
Holidays
(a) The day or days
upon which the following holidays fall, or the days on
which such holidays are observed, shall be holidays for
the purpose of this award: Christmas Day, Boxing Day, New
Year's Day, Australia Day, Good Friday, Easter Monday,
Anzac Day, Queen's Birthday, Labour Day and any other day
or days proclaimed or gazetted as public holidays for the
State.
(b) All work performed
on public holidays as set out above shall be paid for at
two and a half times the appropriate rate payable for
work performed on ordinary days.
(c) In the case of
weekly employees or regular weekly part-time employees,
if by reason of any of the aforesaid holidays being a
holiday, no work is done thereon, the prescribed weekly
wage shall nevertheless be paid.
11.
Duration of Calls
(i) Subject to overtime provisions the duration of a
call shall not exceed three hours, and shall include all
intervals and breaks as time worked.
(ii) A call shall be
deemed to commence at the time notified by the employer
to the employee as the commencement time or, if no such
time be notified, to have started at the time advertised
for the commencement of the call but in either case, if
all members of the band or orchestra are not present and
ready to start at such time, the call shall be deemed to
commence only when the band or orchestra actually starts
playing.
(iii) Notwithstanding
the provisions above, if a sound balance commences more
than one and a half hours prior to the performance, at
the direction of the employer, it shall count as a
separate call.
12.
Breaks
(i) In addition to normal meal breaks all musicians
shall be entitled to breaks aggregating not less than 15
minutes in each hour of performance.
(ii) A performance
shall not extend beyond one hour and 45 minutes without a
break.
(iii) Breaks between
calls shall be of at least one hour's duration but shall
not count as time worked.
13. Annual
Holidays
See Annual Holidays Act 1944.
14. Bereavement Leave
(i) Subject to this clause, upon the death of a
spouse, father, mother, father-in-law, mother-in-law,
sister-in-law, child (including step- child), brother or
sister, a weekly or regular weekly part-time employee
shall, on proper notice to the employer and for the
purpose of making arrangements for and/or attending the
funeral, be entitled to bereavement leave, without
deduction of pay, up to and including the day of the
funeral, for a period not exceeding the number of
ordinary hours rostered for the employee in the two
ordinary working days.
(ii) The term "spouse"
shall include a person with whom the employee is living
in a defacto relationship at the time of bereavement,
provided that the entitlement to leave under this clause
shall not be exercisable on the subsequent death of a
legal spouse.
(iii) In all cases,
proof of death shall be furnished by the employee to the
satisfaction of the employer.
(iv) This clause shall
have no operation during any time when the period of
leave referred to herein coincides with any other period
of leave of the employee or his/her rostered day
off.
15.
Sick Leave
(i) All weekly and regular part-time weekly employees
shall, subject to the production of a medical certificate
or other evidence satisfactory to the employer, be
entitled to one week's sick leave in each year of service
on full pay.
(ii) When an employee
is on workers' compensation, he/she shall not be entitled
to sick leave on full pay. However, after the first 26
weeks of an ongoing compensable disability, an employer
shall pay the employee who has sick leave entitlement
under this clause the difference between the amount
received as workers' compensation and full pay. The
monies paid by an employer shall be calculated as hourly
payments and shall then be deducted from an employee's
sick leave entitlement.
(iii) If the full
period of sick leave is not taken in any year, the whole
or any untaken portion shall be cumulative from year to
year. Nevertheless, an employer shall not be bound to pay
for more than five weeks' sick leave in any one year of
service or to credit an employee for sick leave which
accrued more than four years before the end of the last
completed year of service.
(iv) Provided that,
after the first single day's absence of an employee in
any one year, the employer may require, in respect of any
further single day's absence, the production of a medical
certificate or ther evidence satisfactory to the
employer.
16.
Long Service Leave
See Long Service Leave Act 1955.
17. Travelling and
Transportation
(i) An employee, when travelling on duty, shall be
provided by the employer with an economy class return air
fare.
(ii) Where no flight is
available, transport shall be by air-conditioned coach or
first class rail. Should such rail travel be at night
employees shall be provided with sleeping accommodation
or, if sleeping accommodation is not provided, the
employee shall be paid in cash the difference between the
standard provided and first class sleeping
accommodation.
(iii) When an employee
is required to travel on the business of his/her employer
and is unable to return home each night:
(a) The employee shall
be entitled to single room accommodation of modern motel
standard, including breakfast. The employer shall also
pay to the employee an amount per day as set out in Item
8 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, as an allowance for other meals. An
employer shall, however, have the option of consulting
the State Secretary of the union with a view to entering
into an alternative arrangement.
(b) Each employee on
tour shall be paid an amount per week as set out in Item
9 of Table 2 in addition to the other
allowances.
(c) Where an employee
is travelling by boat or train to the engagement and
meals are available, the employee shall be paid an
allowance of an amount as set out in Item 10 of
Table
2 per
day.
(iv) When an employee
is engaged to be employed for a continuous period of at
least 13 weeks in the one city or town and is not
employed with a view to performing on tour either there
or elsewhere, he/she shall only be entitled to the
allowances under paragraphs (a) and (b) of subclause
(iii) of this clause for three weeks in respect of
his/her stay after arriving in the said city or
town.
(v) The employer shall
transport or pay the reasonable costs of transporting the
double bass or drums or other bulky instruments when they
are to be used for the purpose of employment.
(vi) All engagements,
whether the actual place of performance is in the areas
covered by this award or not, which are arranged in an
area covered by this award are deemed to occur within the
jurisdiction of this award. All provisions, allowances
and payments which would be due under this clause will
therefore apply.
(vii) Where a casual
employee is engaged and the ordinary public transport
fare for return transit from the post office of the city
of town where such employee is engaged to the place of
employment is more than $5.60 the employer shall pay the
reasonable cost of such return transit. Where public
transport is not available, the provision of subclause
(x) of this clause shall apply.
(viii) If an employee
is required by his/her employer to travel on Sunday such
employee shall, unless paid in pursuance of this award
for working on the said Sunday, be paid an amount as set
out in Item 11 of Table
2, in addition
to the allowance elsewhere prescribed by this
award.
(ix) If an employee is
detained at the place of employment by the employer to a
time too late to travel by the last train or bus to
his/her home, the employer shall provide proper
transportation.
(x) Where an employee
agrees at the request of the employer to use his/her own
motor vehicle or motor cycle, the employee shall be paid
an allowance of an amount per kilometre as set out in
Item 12 of Table
2.
18.
Band Room Accommodation and Storage of Instruments.
(i) Where practicable, a band room with adequate
seating accommodation, air conditioned where air
conditioning plant is provided for the premises, together
with suitable locker and lavatory accommodation, shall be
provided by the employer where musicians are regularly
employed.
(ii) There shall be a
proper entrance and exit to the band performance
area.
(iii)Where the employer
agrees to the storage of instruments, he/she shall accept
responsibility for safe custody thereof.
(iv) If, as a result of
negligent supervision of the venue, an employee's
equipment is damaged the employer shall indemnify the
employee against such loss or damage; provided that such
loss or damage does not arise as a result of negligence
on the part of the employee.
19.
Uniforms
Where an employee is directed to wear a special
uniform (other than evening dress), such uniform shall be
supplied by the employer and shall be clean and in good
order, and the cost of repairs and maintenance shall be
paid by the employer.
20.
Subcontracts
If any work covered by this award is done by an employee
or arranged to be so done in the interest in any way of
an employer, this award shall apply to any such work,
employee or employer, notwithstanding that the employer
causes or permits such work to be done for, or through,
or by the means of a contractor or other person, and the
employer and employee shall have the same rights and
obligations to each other as if they were in respect of
such work directly employee and employer.
21.
Arranging Band Parts and Orchestration
The rates prescribed by this award do not include any
amounts to be paid to any musician for arranging band
parts or doing any orchestration.
22. Time and Wages
Records
See section 183 of the Industrial Relations Act
1991.
23. Right of Entry
See section 733 of the Industrial Relations Act 1991.
24. Preference of Employment
Preference of employment shall be in accordance with
section 480 of the Industrial Relations Act
1991.
25. Preservation of
Existing Rates
This award is made on the understanding that the
salaries existing for employees at the date on which this
award takes effect shall not be reduced merely as a
consequence of the coming into operation of this
award.
26.
Special Arrangements
Notwithstanding the definition of "Call", in clause
2, Definitions, where the New South Wales District
Committee of the union agrees in writing with an employer
that for special reasons rates and/or conditions as
prescribed in this award should not apply, altered rates
and/or conditions may be agreed upon between the parties.
Such altered rates and/or conditions shall apply to the
specified establishment(s) for which written application
has been made.
27.
Recording and Photography
(a) Engagement under the terms of this award is for
live performance only. Recording of a live production by
any means whatsoever is expressly prohibited unless
agreement as to terms and conditions is reached between
the employer, employee and the union.
(b) The photographing,
for commercial purposes, of employees is not permitted
without the prior consent of the employee. If agreed, all
photographic work will be within parameters established
by the employee.
28.
Publicity
For performance enhancement, it shall be the
employer's responsibility to ensure the adequate
publicity of all acts. All costs associated with such
publicity shall be met by the employer. In the case of a
cancellation of an act, the employer shall remove all
publicity and withdraw all advertising. The employer
shall make public notice of such cancellation.
29.
Support Acts
Notwithstanding the provisions contained elsewhere in
this award as to rates of pay, and subject to the written
consent of the union, the casual rate for one call can be
reduced to $40.00 per person where:
(a) The musicians are
billed as support entertainment to a major
act.
(b) The contracted
playing time does not exceed one 45-minute call
(total attendance time not to exceed 1.25
hours).
(c) All lights, public
address system, etc., are provided and set up for the
musician(s) call at no charge.
(d) The major act is
not imported.
(e) The total
entertainment budget for the various acts does not exceed
$2,000.
30.
Superannuation
(i) Definitions - In this clause, "applicable
superannuation scheme" means:
(a) In the case of
employees in registered clubs engaged on a regular basis,
the Club Plus Superannuation Scheme.
(b) In the case of
other employees, the Joint Entertainment Superannuation
Trust (J.E.S.T.) or another scheme approved in accordance
with the Standards for Occupational Superannuation
Funds.
"Ordinary Salary"
means:
(c) Where the employee
is engaged on a weekly basis, the employee's usual weekly
earnings, including loadings and penalty payments paid on
a regular basis, but excluding overtime and any other
penalties and allowances paid on an irregular basis such
as travel, meals or wardrobe allowances and the like or
annual leave loading.
(d) Where an employee
is engaged on a casual basis, the salary negotiated for
the engagement including the casual loading provided for
under this award but excluding overtime and any
allowances such as travel, meals or wardrobe allowances
and the like or annual leave loading.
(e) Provided that
notwithstanding paragraphs (c) or (d) of this subclause,
ordinary salary shall be deemed not to exceed the amount
of $1,560 per employee per engagement, such amount to be
adjusted in line with movements in wages under this
award.
(ii) The employer of an
employee regularly employed in the industry shall,
subject to the provisions of this clause be required to
make a superannuation contribution on behalf of the
employee of an amount equivalent to 3 per cent of the
employee's ordinary salary to the trustees of the
applicable superannuation scheme, provided that this
requirement shall not apply to employees performing
within Australia who are normally resident outside
Australia.
(iii)
Enrolment
(a) The employer shall
establish at the time of engagement whether the employee
is a member of an applicable superannuation scheme, and
if the employee is not a member and/or shows no proof of
such membership, an application form shall be offered to
the employee at that time.
(b) The employee shall
be required to complete fully the necessary application
form to become a member of the applicable fund in order
to be entitled to the contributions prescribed in
subclause (ii) of this clause.
(iv) Superannuation
contributions remain payable pursuant to this clause,
notwithstanding that a performer is absent from work on
approved sick leave, annual leave, long service leave or
other approved paid leave, but excluding absence on
workers' compensation.
31.
Leave Reserved
Leave is reserved to the union to apply as it may be
advised to remove clause
29, Support Acts.
32.
Grievance Procedure
Where an individual or group covered by this award
has a grievance with their employer, the following steps
will be followed in an attempt to alleviate the
grievance:
(i) The employee(s) may
be represented by The Musicians' Union of Australia, New
South Wales District.
(ii) The employee(s)
will notify (in writing or otherwise) the employer as to
the substance of the grievance,request a meeting with the
employer for bilateral discussions and provide an outline
of the remedy sought.
(iii) The grievance
will initially be dealt with as close to its source as
possible i.e., with the Entertainment Manager or
equivalent.
(iv) If resolution at
this level is unsuccessful, there will be graduated steps
for further discussion and resolution at higher levels of
authority.
(v) Reasonable time
limits are to be allowed for discussion at each level of
authority.
(vi) 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.
(vii) Normal work will
continue while the grievance procedure is being
followed.
(viii) When discussions
at 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.
Disputes Avoidance
Procedure
(ix) The employer may
be represented by an industrial organisation of employers
and the employees may be represented by The Musicians'
Union of Australia, New South Wales District.
(x) 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.
(xi) Reasonable time
limits are to be allowed for discussion at each level of
authority.
(xii) While the
disputes avoidance procedure is being followed, normal
work must continue.
(xiii) If the dispute
in question is not resolved it may be referred to the
Industrial Relations Commission of New South Wales for
determination.
33.
Area, Incidence and Duration
This award rescinds and replaces the Musicians (Live
Performance) (State) Award published 10 February 1988
(247 I.G. 676), and all variations thereof. It shall
apply to all persons employed as musicians throughout the
State (excluding the County of Yancowinna) within the
jurisdiction of the Musicians (State) Conciliation
Committee, such persons being instrumental performers and
any other persons who are employed to provide musical
services including, but not limited to, any type of
service which is directly concerned with live music or
musicians or the production of musical sound, such as
arrangers and copyists of music, vocalists, conductors
and others employed as an integral part of a band or
orchestra.
PART B
MONETARY
RATES
Table 1 -
Rates
of Pay
Table 2 -
Other
Rates and Allowances
Index
to Musicians Awards
