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New South Wales Awards 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
5. Wage Rates - Weekly Employees
6. Wage Rates - Regular Weekly Part- time Employees and Casual Employees
6A. No Extra Claims
8. Additional Rates and Allowances
9. Overtime and Extraordinary Rates
10. Sundays and Public Holidays
12. Breaks
13. Annual Holidays
15. Sick Leave
17. Travelling and Transportation
18. Band Room Accommodation and Storage of Instruments
19. Uniforms
20. Subcontracts
21. Arranging Band Parts and Orchestration
23. Right of Entry
25. Preservation of Existing Rates
28. Publicity
29. Support Acts
30. Superannuation
31. Leave Reserved
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
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