MA000091  PR722495 [Note: a correction has been issued to this document]
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

BROADCASTING, RECORDED ENTERTAINMENT AND CINEMAS AWARD 2010
[MA000091]

Broadcasting and recorded entertainment industry

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 7 OCTOBER 2020

4 yearly review of modern awards – Broadcasting, Recorded Entertainment and Cinemas Award 2010 – modern award varied.

A. Further to the decision [[2020] FWCFB 5307] issued by the Full Bench of the Fair Work Commission on 6 October 2020, the Broadcasting, Recorded Entertainment and Cinemas Award 2010 is varied as follows:

1. By deleting all clauses, schedules and appendices.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation on 13 November 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect in relation to a particular employee until the start of the employee's first full pay period that starts on or after 13 November 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Broadcasting, Recorded Entertainment and Cinemas Award 2020

Table of Contents

Part 1— Application and Operation of this Award 5
1. Title and commencement 5
2. Definitions 5
3. The National Employment Standards and this award 6
4. Coverage 7
5. Individual flexibility arrangements 8
6. Requests for flexible working arrangements 10
7. Facilitative provisions 11
Part 2— Types of Employment and Classifications 12
8. Types of employment 12
9. Full-time employees 12
10. Part-time employees 12
11. Casual employees 13
12. Cadets 15
Part 3— Wages and Allowances 17
13. Classifications and minimum rates 17
14. Payment of wages 25
15. Allowances 26
16. Superannuation 28
17. Time off instead of payment for overtime 29
Part 4— Leave and Public Holidays 31
18. Annual leave 31
19. Personal/carer’s leave and compassionate leave 36
20. Parental leave and related entitlements 36
21. Community service leave 36
22. Unpaid family and domestic violence leave 36
23. Public holidays 36
Part 5— Consultation and Dispute Resolution 37
24. Consultation about major workplace change 37
25. Consultation about changes to rosters or hours of work 38
26. Dispute resolution 39
Part 6— Termination of Employment and Redundancy 39
27. Termination of employment 39
28. Redundancy 40
Part 7— Television Broadcasting 42
29. Ordinary hours of work and rostering 42
30. Meal breaks 43
31. Overtime 45
32. Shift and weekend penalties 46
33. Extra rates of pay not cumulative 46
34. Allowances 47
Part 8— Radio Broadcasting 53
35. Hours of work—Announcers and Broadcaster/Journalists 53
36. Hours of work—Technical staff 54
37. Rosters—Announcers and Broadcaster/Journalists 55
38. Rosters—Technical staff 55
39. Meal breaks—Announcers and Broadcaster/Journalists 56
40. Meal Breaks—Technical staff 56
41. Breaks between shifts—All radio broadcasting staff 56
42. Overtime—Announcers and Broadcaster/Journalists 57
43. Overtime—Technical staff 57
44. Penalty rates—Announcers and Broadcaster/Journalists 58
45. Penalty rates—Technical staff 59
46. Allowances 59
Part 9— Journalists 62
47. Annualised wage arrangements—Journalist Grade 5 and above 62
48. Hours of work 63
49. Rostering 64
50. Breaks 64
51. Shift penalties 65
52. Allowances 65
53. Distant engagements 66
54. Transfers 68
55. Overtime 68
Part 10— Cinemas 69
56. Coverage 69
57. Types of employment 69
58. Ordinary hours of work and rostering 71
59. Rosters 72
60. Meal breaks 72
61. Overtime and penalty rates 72
62. Allowances 74
Part 11— Artists 75
63. Special definitions 75
64. Terms of engagement 77
65. Hours of work 79
66. Allowances 80
67. Meal breaks and rest breaks 86
68. Overtime 88
69. Penalty rates 89
70. Lay days 90
Part 12— Musicians 90
71. Hours of work 90
72. Terms of engagement 91
73. Meal breaks and rest breaks 91
74. Allowances 92
75. Overtime 93
76. Penalty rates 93
Part 13— Motion Picture Production 94
77. Hours of work 94
78. Breaks between shifts 95
79. Meal breaks 95
80. Overtime 95
81. Calculations of penalties and provision of rosters 96
82. Casual employment 97
83. Allowances 97
84. Travel 99
Schedule A —Television Broadcasting 100
Schedule B —Radio Broadcasting 157
Schedule C —Journalists 160
Schedule D —Cinema 162
Schedule E —Artists 167
Schedule F —Musicians 172
Schedule G —Motion Picture Production 173
Schedule H —Summary of Monetary Allowances 179
Schedule I —Supported Wage System 186
Schedule J —Agreement for Time Off Instead of Payment for Overtime 189
Schedule K —Agreement to Take Annual Leave in Advance 190
Schedule L —Agreement to Cash Out Annual Leave 191
Schedule M —Part-day Public Holidays 192
Schedule X —Additional Measures During the COVID-19 Pandemic 194

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Broadcasting, Recorded Entertainment and Cinemas Award 2020.

1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2. Definitions

In this award, unless the contrary intention appears:

3. The National Employment Standards and this award

3.1 The NES and this award contain the minimum conditions of employment for employees covered by this award.

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This industry award covers employers throughout Australia in the broadcasting, recorded entertainment and cinema industry and their employees in the classifications set out in this award to the exclusion of any other modern award.

4.2 Broadcasting, recorded entertainment and cinema industry means the production (including pre-production and post-production), broadcasting, distribution, showing, making available, and/or sale of audio and audio/visual content including but not limited to feature films, television programs (including series, serials, telemovies and mini-series), news, current affairs, sport, documentaries, video clips, digital video discs, television commercials, training films and the like whether for television exhibition, theatrical exhibition, sale to the public, digital media release or release in any other medium.

4.3 This award does not cover:

(a) news editors employed by a metropolitan television station; or

(b) employers covered by the following awards with respect to employees covered by the:

4.4 The provisions of Part 2—Types of Employment and Classifications, Part 6—Termination of Employment and Redundancy and Part 9—Journalists (except for clauses 48.3, 52.2(b) and 52.2(c)) of this award will not apply to any journalist who would otherwise be covered by this award where:

(a) the employee is employed on a fixed term contract; and

(b) in the case of metropolitan television station, the employee is paid an annual salary not less than $97,674; or

(c) in the case of non-metropolitan television station, the employee is paid an annual salary not less than $79,236.

4.5 This award covers any employer which supplies labour on an on-hire basis in the broadcasting, recorded entertainment and cinema industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 This award covers employers which provide group training services for trainees engaged in the broadcasting, recorded entertainment and cinema industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described are being performed. Clause 4.6 operates subject to the exclusions from coverage in this award.

4.7 This award does not cover:

(a) an employee excluded from award coverage by the Act;

(b) employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c) employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.8 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

6.2 Responding to the request

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:

6.4 What the written response must include if a different change in working arrangements is agreed

6.5 Dispute resolution

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2 Facilitative provisions in this award are contained in the following clauses:

Clause

Provision

Agreement between an employer and:

11.3

Casual employment – payment of wages

An individual

14.1

Payment of wages

An individual

17

Time off instead of payment for overtime

An individual

18.7

Annual leave in advance

An individual

18.11

Cashing out of annual leave

An individual

23.2(b)

Public holidays – substitution

An individual

23.2(c)

Public holidays – part-day – substitution

An individual

29.4

Television Broadcasting – ordinary hours of work and rostering

The majority of employees

30.1

Television Broadcasting – meal breaks

An individual

34.2(f)(v)

Television Broadcasting – director’s loading

An individual

35.3(b)

Radio Broadcasting – hours on air

An individual

39.3

Radio Broadcasting –announcers and broadcaster/journalists – meal breaks

An individual

40.3

Radio Broadcasting – technical staff – meal break during shift

The majority of employees

43.3

Radio Broadcasting– technical staff – overtime – meal break

An individual

47

Journalists – annualised salary

An individual

49.1

Journalists – rostering

The majority of employees

57.4(c)

Cinemas – casual employment – payment of wages

An individual

61.3(a)

Cinemas – consecutive hours off duty

An individual

77.1

Motion Picture Production – hours of work

The majority of employees

Part 2—Types of Employment and Classifications

8. Types of employment

8.1 At the time of engagement an employer will inform each employee in writing of the terms of their engagement and, in particular, whether they are to be full-time, part-time or casual.

8.2 Special provisions for employees in cinemas

9. Full-time employees

9.1 Except as specified elsewhere in this award a full-time employee is an employee who is engaged to work 38 hours per week.

9.2 A full-time employee must be provided with a written statement setting out their classification, applicable pay scale and terms of engagement.

10. Part-time employees

10.1 A part-time employee is an employee who:

(a) works less than 38 hours per week;

(b) has regular, reasonably predictable and continuous employment; and

(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

10.2 A part-time employee is entitled to receive the ordinary hourly rate for ordinary hours worked.

10.3 An employer is required to roster a part-time employee for a minimum of 4 consecutive hours on any day or shift.

10.4 At the time of engagement, the employer and the part-time employee will agree in writing on a regular pattern of work which specifies as a minimum:

(a) the hours worked each day including the starting and finishing time; and

(b) the days of the week the employee will work.

10.5 A copy of the agreement in clause 10.4 must be provided to the employee.

10.6 The terms of the agreement in clause 10.4 may be varied by consent. Any agreed variation to the pattern of work will be recorded in writing, with a copy of the variation provided to the employee.

10.7 All hours worked in excess of the hours as mutually arranged will be overtime and will be paid as such.

10.8 Despite clause 10.4, the hours of a television journalist may be altered by the employer giving the employee 7 days’ notice in writing, provided that there is no change to the total agreed number of ordinary hours of work.

11. Casual employees

11.1 A casual employee is an employee engaged and paid by the hour. An employer when engaging a casual must inform the employee that they are employed as a casual, of their hours of work, classification level and rate of pay.

11.2 A casual employee must be paid at the relevant minimum hourly rate plus a loading of 25%. Such loading is paid instead of all paid leave including annual leave, personal/carer’s leave and public holidays not worked whether prescribed in this award or the NES.

11.3 Casual employees must be paid at the termination of each engagement, but may agree to be paid weekly or fortnightly.

11.4 Casual employees are entitled to a minimum payment of 4 hours’ pay on each occasion they are required to attend for work unless otherwise specified in this Award.

11.5 Right to request casual conversion

(a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.

(b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.

(c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment.

(d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

(e) Any request under clause 11.5 must be in writing and provided to the employer.

(f) Where a regular casual employee seeks to convert to full-time or part-time employment, the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

(g) Reasonable grounds for refusal include that:

(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.

(i) Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.

(j) If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 26—Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(k) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in clause 11.5, the employer and employee must discuss and record in writing:

(l) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(m) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the employer.

(n) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under clause 11.5.

(o) Nothing in clause 11.5 obliges a regular casual employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert.

(p) Nothing in clause 11.5 requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

(q) An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of clause 11.5 within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018, an employer must provide such employees with a copy of the provisions of clause 11.5 by 1 January 2019.

(r) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 11.5(q).

12. Cadets

12.1 A journalist can be employed on a cadetship in accordance with clause 12.

12.2 The period of cadetship is as follows:

(a) For a cadet other than a graduate of an approved tertiary course, the period of cadetship must not exceed 3 years, provided that cadet training requirements are met.

(b) For a cadet who commenced cadetship as a graduate of an approved tertiary course, the period of cadetship must not exceed 12 months during which the cadet is to be paid at the appropriate percentage for a final year cadet.

(c) A cadet who after 12 months’ or more employment completes an approved tertiary course is to be advanced to the final year of cadetship.

(d) Periods of training in journalism on any newspaper or in any radio or television station are to be taken into account in calculating the period of cadetship.

12.3 Cadet training requirements and related matters

(a) Cadets must be instructed progressively throughout their cadetship in practical journalism and a responsible person will supervise that training. Cadets must also be given the opportunity to acquire a full knowledge of the handling of news/current affairs from its collection to its broadcast/televising.

(b) A cadet must be given instruction and practical demonstrations in matters such as news presentation and sub-editing.

(c) A cadet must retain copies of material prepared by the cadet for checking by, and discussion with, the person responsible for cadet training.

(d) A cadet may be given explanations concerning changes to the material prepared by the cadet.

(e) A cadet is required to attend or study a series of lectures by senior journalists and/or other authorities on the theory and practices of journalism, such as lectures on the laws or practices currently in force on the subjects of libel, contempt of court, parliamentary and court privilege and also lectures on political and economic or other subjects of value to the cadet.

(f) Lectures given during study for a diploma of journalism course are deemed to be lectures for purposes of these requirements.

(g) A cadet must be tested from time to time to ascertain the level of knowledge of news and/or current affairs.

(h) A cadet must learn shorthand and typing and must be examined from time to time to determine the progress being made, subject to the following:

(i) A cadet must be given wide practical experience in reporting work. To this end a cadet will, so far as practicable, be required to gain experience in as many sections as possible.

(j) Cadets will from time to time accompany classified journalists on assignments to receive practical instruction.

(k) A cadet may apply for leave of absence to attend at an Australian university or college of advanced education for a course of the diploma of journalism or other courses approved by the employer.

(l) All lectures and other fees for the studies prescribed in clause 12.3(k) will be made available by the employer, provided that reports of the cadet’s conduct and progress are satisfactory.

Part 3—Wages and Allowances

13. Classifications and minimum rates

13.1 All employees covered by this award must be classified according to the structures set out in Schedule A—Television Broadcasting to Schedule G—Motion Picture Production and paid the minimum rates set out in clause 13 for their classification. Employers must advise their employees in writing of their classification and of any change to their classification.

13.2 Common salary structure

13.3 Adult rates

Classification level

Minimum weekly rate
(full-time employee)

Minimum hourly rate

 

$

$

Grade 1

753.80

19.84

Grade 2

775.40

20.41

Grade 3

805.10

21.19

Grade 4

832.80

21.92

Grade 5

877.60

23.09

Grade 6

905.10

23.82

Grade 7

932.60

24.54

Grade 8

957.60

25.20

Grade 9

984.40

25.91

Grade 10

1006.10

26.48

Grade 11

1026.70

27.02

Grade 12

1054.20

27.74

Grade 13

1081.70

28.47

Grade 14

1095.60

28.83

Grade 15

1137.20

29.93

Grade 16

1186.80

31.23

Grade 17

1214.40

31.96

Grade 18

1269.70

33.41

13.4 Employees in cinemas

Classifications

Base rate per week

8% penalty averaging per week

Minimum weekly rate
(full-time employee)

Minimum hourly rate

 

$

$

$

$

Cinema Worker Level 1

775.40

62.03

837.43

22.04

Cinema Worker Level 2

805.10

64.41

869.51

22.88

Cinema Worker Level 3

818.50

65.48

883.98

23.26

Cinema Worker Level 4

877.60

70.21

947.81

24.94

Cinema Worker Level 5

932.60

74.61

1007.21

26.51

Cinema Worker Level 6

957.60

76.61

1034.21

27.22

Cinema Worker Level 7

984.40

78.75

1063.15

27.98

Zone Manager

984.40

78.75

1063.15

27.98

13.5 Junior employee rates

(a) The minimum rates of junior employees, other than junior employees in cinemas, are the following percentages of the minimum rate for an entertainment employee Grade 5:

Years of age

% of Grade 5

16

45

17

55

18

65

19

75

20

85

(b) Junior employees in cinemas will be paid the percentages set out at clause 13.5(a) of the minimum rate for a Cinema Worker Level 4 in clause 13.4.

(c) Clause 13.5(a) does not apply to the following junior employees:

(d) Junior employees in clause 13.5(c) must be paid the adult minimum rate for the appropriate classification.

(e) Clauses 13.5(a), 13.5(c) and 13.5(d) do not apply to juveniles, as defined, in the performer classifications (including extras, double bit players). These performers will be paid at a rate of 50% of the adult minimum rate of the appropriate classification.

(f) Service as a junior will count as service in a trainee adult classification.

13.6 Journalist rates

Grade

Minimum weekly rate
(full-time employee)

Minimum hourly rate

 

$

$

Band 1

    

Journalist Grade 1

957.60

25.20

Journalist Grade 2

1026.70

27.02

Journalist Grade 3

1137.20

29.93

Journalist Grade 4

1186.80

31.23

Band 2

    

Journalist Grade 5

1242.20

32.69

Journalist Grade 6

1324.70

34.86

Journalist Grade 7

1407.50

37.04

Band 3

    

Journalist Grade 8

1449.10

38.13

13.7 Cadet rates

Year of cadetship

% of Journalist Grade 1

1st

60

2nd

75

3rd

90

13.8 Artist rates

13.9 Interviews, auditions and screen tests

(a) None of the provisions of this award apart from clause 13.9 will apply to an employee engaged solely for an interview, audition or screen test for a role in television or a feature film.

(b) No payment need be made for the first interview or audition or screen test.

(c) Minimum rates of pay for screen tests for television will be $72.40 or $60.12 if visual only.

(d) Minimum rates of pay for any other audition and/or screen test will be $33.00 per hour or part thereof with a minimum payment of one hour. For the purpose of calculating payment under this provision the performer will be deemed to have commenced the audition or screen test at the time of the artist’s call or the artist’s arrival time whichever is the later.

(e) Performers will be given the specific times of attendance required for an audition, screen test or interview.

13.10 Post-synchronisation or additional dialogue

(a) A performer post-synchronising their own voice unless such work is carried out during the period of their engagement will be paid at the hourly rate, with a minimum call of 2.5 hours.

(b) A performer revoicing another performer’s voice, engaged by the hour for a minimum of 2.5 hours will be paid per hour 6.3% of the relevant minimum weekly artist’s rate set out in clause 13.8(c).

13.11 Musicians (other than session singer rates)

 

$

 

Per engagement

for a musician working in television broadcasting—performance

120.91

for a musician working in television broadcasting—rehearsal

91.46

for a musician working in records for sale to the public

130.20

for a musician working in feature films, documentaries, telemovies or television mini-series

177.30

13.12 Musicians (session singer rates)

13.13 Higher duties

13.14 Supported wage system

13.15 National training wage

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 November 2020. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Broadcasting and Recorded Entertainment Award 2020 and not the Miscellaneous Award 2020.

14. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

14.1 All employees must be paid weekly or fortnightly by cash, cheque or electronic funds transfer, except where the employer is currently paying monthly in which case that system may continue. Provided also that by written agreement between an employer and an individual employee in the relevant enterprise, wages may be paid monthly.

14.2 All amounts due to an employee in respect of work carried out during a week or fortnight must be paid to the employee within the succeeding 7 days.

14.3 Payment on termination of employment

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(b) The requirement to pay wages and other amounts under clause 14.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

15. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

15.1 Employers must pay to an employee the allowances the employee is entitled to under clause 15. (Other allowances may be payable under clauses 34, 46, 52, 62, 66, 74 and 83).

15.2 Wage-related examples

15.3 Expense-related allowances

16. Superannuation

16.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b) The rights and obligations in these clauses supplement those in superannuation legislation.

16.2 Employer contributions

(a) An employer must make such superannuation contributions at their ordinary rate to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

(b) Despite the provisions of clause 16.2(a) an employer must also make superannuation contributions to a superannuation fund on behalf of a performer (excluding extras, doubles and stand-ins) between the ages of 16 and 18 as if the performer were 18 if:

16.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 16.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 16.3(a) or 16.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 16.3(a) or 16.3(b) was made.

16.4 Superannuation fund

(a) AustralianSuper;

(b) Media Super;

(c) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(d) a superannuation fund or scheme which the employee is a defined benefit member of.

17. Time off instead of payment for overtime

17.1 An employee and employer may agree to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

17.2 Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 17.

17.3 For employees other than employees in cinemas (where the relevant overtime is performed on a Sunday or public holidays) an agreement under clause 17 must be made in writing and must state each of the following:

(a) the number of overtime hours to which it applies and when those hours are worked;

(b) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

(c) that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;

(d) that any payment mentioned in clause 17.3(c) must be made in the next pay period following the request.

17.4 The period of time off that an employee is entitled to take is:

(a) for employees in cinemas (where the relevant overtime is performed on a Sunday or public holidays) and radio broadcasting technical staff—equivalent to the overtime payment that would have been made; and

(b) for all other employees and employees in cinemas (where the relevant overtime is performed other than on a Sunday or public holidays)—the same as the number of overtime hours worked.

17.5 Time off must be taken:

(a) within the period of 6 months after the overtime is worked; and

(b) at a time or times within that period of 6 months agreed by the employee and employer.

17.6 If the employee requests at any time, to be paid for overtime covered by an agreement under clause but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

17.7 If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 17.5, the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

17.8 The employer must keep a copy of any agreement under clause 17 as an employee record.

17.9 An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

17.10 An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 17 will apply, including the requirement for separate written agreements under clause 17.2 for overtime that has been worked.

17.11 If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 17 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

Part 4—Leave and Public Holidays

18. Annual leave

18.1 Annual leave is provided for in the NES.

18.2 Where an employee, other than a journalist or a cinema worker, works on Sundays and/or public holidays as part of their ordinary rostered hours of work, the employee must be allowed additional annual leave as follows:

Number of days worked

Additional leave

Between 6 and 8 days inclusive

1 day

Between 9 and 11 days inclusive

2 days

Between 12 and 14 days inclusive

3 days

Between 15 and 17 days inclusive

4 days

18 days or more

5 days

18.3 Annual leave loading

(a) Subject to clauses 32.1(d) and 32.2(d), instead of the base rate of pay referred to in section 90(1) of the Act, the amount the employee would have earned for working their normal hours, exclusive of overtime had they not been on leave; and

(b) An additional loading of 17.5% of the relevant minimum wage for their classification as set out in this award.

18.4 Electronic funds transfer (EFT) payment of annual leave

18.5 Special annual leave provisions for Journalists

(a) Journalists are required to work on public holidays (other than Christmas Day and Good Friday) at ordinary rates of pay and are entitled to an extra 2 weeks’ annual leave.

(b) If a journalist is not required to work on a particular public holiday, the employer must notify the employee at least 14 days prior to the public holiday and that day will be an annual leave day.

(c) Should Christmas Day or Good Friday fall during an employee’s annual leave, the employee will be allowed an extra day’s annual leave or be paid at 200% of the ordinary rate for one day.

18.6 Close-down

(a) the employer gives not less than 4 weeks’ notice in writing of intention to do so;

(b) an employee who has accrued sufficient leave to cover the period of the close-down is allowed leave and is also paid for that leave at the appropriate wage in accordance with Part 3—Wages and Allowances;

(c) an employee who has not accrued sufficient leave to cover part or all of the close-down, is allowed paid leave for the period for which they have accrued sufficient leave and given unpaid leave for the remainder of the close-down;

(d) any leave taken by an employee as a result of a close-down pursuant to clause 18.6 also counts as service by the employee with their employer;

(e) the employer may only close down the enterprise or part of it pursuant to clause 18.6 for one or 2 separate periods in a year;

(f) if the employer closes down the enterprise or part of it pursuant to clause 18.6 in 2 separate periods, one of the periods must be at least 14 consecutive days including non-working days; and

(g) the employer and the majority of employees concerned may agree to the enterprise or part of it being closed down pursuant to clause 18.6 for 3 separate periods in a year provided that one of the periods is at least 14 days including non-working days.

18.7 Annual leave in advance

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

(c) The employer must keep a copy of any agreement under clause 18.7 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 18.7, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

18.8 Excessive leave accruals: general provision

(a) An employee (other than a journalist required to work on public holidays) has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave. A journalist required to work on public holidays has an excessive leave accrual if the employee has accrued more than 12 weeks’ paid annual leave.

(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 18.9 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 18.10 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

18.9 Excessive leave accruals: direction by employer that leave be taken

(a) If an employer has genuinely tried to reach agreement with an employee under clause 18.8(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 18.9(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 18.9(a) that is in effect.

(d) An employee to whom a direction has been given under clause 18.9(a) may request to take a period of paid annual leave as if the direction had not been given.

18.10 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 18.8(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 18.10(a) if:

(c) A notice given by an employee under clause 18.10(a) must not:

(d) An employee is not entitled to request by a notice under clause 18.10(a) more than 4 weeks’ paid annual leave in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 18.10(a).

18.11 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 18.11.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 18.11.

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d) An agreement under clause 18.11 must state:

(e) An agreement under clause 18.11 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 18.11 as an employee record.

19. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

20. Parental leave and related entitlements

Parental leave and related entitlements are provided for in the NES.

21. Community service leave

Community service leave is provided for in the NES.

22. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

23. Public holidays

23.1 Public holiday entitlements are provided for in the NES.

23.2 Except as otherwise provided for in this award:

(a) An employee (other than a journalist or a cinema employee) required to work on a public holiday will be paid:

(b) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(c) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

23.3 Part-day public holidays

Part 5—Consultation and Dispute Resolution

24. Consultation about major workplace change

24.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b) discuss with affected employees and their representatives (if any):

(c) commence discussions as soon as practicable after a definite decision has been made.

24.2 For the purposes of the discussion under clause 24.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

24.3 Clause 24.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

24.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 24.1(b).

24.5 In clause 24 significant effects, on employees, includes any of the following:

(a) termination of employment; or

(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c) loss of, or reduction in, job or promotion opportunities; or

(d) loss of, or reduction in, job tenure; or

(e) alteration of hours of work; or

(f) the need for employees to be retrained or transferred to other work or locations; or

(g) job restructuring.

24.6 Where this award makes provision for alteration of any of the matters defined at clause 24.5, such alteration is taken not to have significant effect.

25. Consultation about changes to rosters or hours of work

25.1 Clause 25 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

25.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

25.3 For the purpose of the consultation, the employer must:

(a) provide to the employees and representatives mentioned in clause 25.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

25.4 The employer must consider any views given under clause 25.3(b).

25.5 Clause 25 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

26. Dispute resolution

26.1 Clause 26 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

26.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

26.3 If the dispute is not resolved through discussion as mentioned in clause 26.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

26.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 26.2 and 26.3, a party to the dispute may refer it to the Fair Work Commission.

26.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

26.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

26.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 26.

26.8 While procedures are being followed under clause 26 in relation to a dispute:

(a) work must continue in accordance with this award and the Act; and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

26.9 Clause 26.8 is subject to any applicable work health and safety legislation.

Part 6—Termination of Employment and Redundancy

27. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

27.1 Notice of termination by an employee

(a) Clause 27.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

(c) In clause 27.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 27.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 27.1(b), then no deduction can be made under clause 27.1(d).

(f) Any deduction made under clause 27.1(d) must not be unreasonable in the circumstances.

27.2 Job search entitlement

(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b) The time off under clause 27.2 is to be taken at times that are convenient to the employee after consultation with the employer.

28. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

28.1 Transfer to lower paid duties on redundancy

(a) Clause 28.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(c) If the employer acts as mentioned in clause 28.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

28.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 28 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

28.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under clause 28.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 28.3(b).

(d) An employee who fails to produce proof when required under clause 28.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 27.2.

Part 7—Television Broadcasting

Part 7 applies to those employees performing work in the classifications contained in Schedule A—Television Broadcasting.

29. Ordinary hours of work and rostering

29.1 The ordinary hours of work for television broadcasting employees will be an average of 38 hours per week to be worked on any day of the week in accordance with clauses 29.2, 29.3 or 29.4.

29.2 The ordinary hours of work must not exceed 38 hours per week to be worked in shifts of 7.6 continuous hours (exclusive of meal periods).

29.3 The employer may, after consultation with employees in a relevant division, section or unit at the workplace, implement a roster period of 28 consecutive days, within which employees will have 9 days off work, comprised of 8 clear days off as provided for in clause 29.5, plus an additional day off (an accrued day off). Provided that:

(a) The employer must designate one of the 9 days off work as an accrued day off.

(b) For work performed on an accrued day off only and where there is no agreement to bank the accrued day off, an employee will be entitled to be paid overtime at 200% of the ordinary hourly rate for all time worked or 250% of the ordinary hourly rate for all time worked on a public holiday (with a minimum payment of 4 hours), and the provisions of clause 29.2 will not apply.

(c) During the 28 day roster period a minimum of 2 days off will be rostered consecutively.

(d) The daily spread of ordinary time hours available for the roster period set out in clause 29.3 will be a minimum of 6 and a maximum of 10 hours in any one day or shift.

29.4 By agreement between the employer and the majority of employees in a division, section or unit of the workplace any arrangement for working ordinary hours, in substitution for the arrangements set out in clauses 29.2 and 29.3, will be implemented subject to:

(a) no more than 152 ordinary hours being worked in a 28 day roster period;

(b) the ordinary daily spread of continuous hours being a minimum of 4 and a maximum of 12; and

(c) employees receiving at least 9 days off in a 28 day roster period.

29.5 Days off duty

(a) The ordinary weekly hours of work will be worked so that each employee will be given 2 clear days off work each week.

(b) Where the 38 hour week is implemented in a manner specified in clauses 29.3 or 29.4 the employees of a division, section or unit may agree with their employer to bank up to a maximum of 5 days off to be taken at a mutually agreed time. If an accrued day off remains untaken at the time of an employee’s termination it will be paid.

29.6 Rostering

(a) All rosters must specify the starting and finishing times of the ordinary hours of work of shifts for each employee.

(b) The rosters will be posted at the station concerned at least 7 clear days before they come into operation, provided that:

(c) For the purposes of clause 29.6, 7 clear days’ notice of change is calculated so that 7 clear days’ notice expires no later than midnight before the day on which the shift to be changed is rostered.

(d) Changes to rosters must be in accordance with clause 25—Consultation about changes to rosters or hours of work (where applicable).

(e) With the approval of the supervisor in charge of the department or section concerned, employees may exchange shifts or days off or to perform duty for other employees, provided that any excess hours worked will not involve the employer in overtime payments.

(f) Where an employee’s rostered day off falls on a public holiday, the employee must:

30. Meal breaks

30.1 An employee must be allowed a meal period during or at the end of each 5 hours of work. The meal period is to be no less than 30 but no more than 60 minutes. If an employee works a shift of 6 ordinary hours or less, the employee and the employer may agree not to take a meal break.

30.2 If an employee is directed to continue work after the time the meal period in clause 30.1 became due, work performed from this time until the meal period is allowed must be paid for:

(a) weekdays—150% of the ordinary hourly rate;

(b) Saturday and Sunday—200% of the ordinary hourly rate; and

(c) public holidays—250% of the ordinary hourly rate.

30.3 Clause 30.2 does not apply in the following circumstances:

(a) Transmitter Technicians—where the transmitter is remotely located and where only one technician is on duty;

(b) Studio operations—Co-ordinators, Master Control, Videotape, Telecine and Audio Operators where relieving for a meal break would mean rostering an additional crew for a minimum of 4 hours. Except that, where it is practicable the employees referred to above must provide meal break relief for the other operators;

(c) At weekends—when only one team is rostered for duty, providing that the exception in studio operations in clause 30.3(b) will apply;

(d) Solus Operator—where the transmission from the studios is performed by a solus operator;

(e) Production—those employees of the production crew who find it essential to eat on the job due to the nature of the work, providing that the meal break must be taken unless the work required is absolutely unavoidable; or

(f) Outside broadcasts—where the taking of the second or subsequent meal break would unnecessarily delay the finishing time of the work, provided that the work can be finished within 2 hours of such meal break becoming due and the employees decide in favour of foregoing the meal period,

30.4 Where it is necessary for an employee to remain on-call during the meal period, that period must be counted as time worked.

30.5 Where an employee is required to perform work when on-call during the meal period the employee must be paid:

(a) for all time worked on Monday to Friday inclusive—150% of the ordinary hourly rate;

(b) for time worked on Saturday or Sunday—200% of the ordinary hourly rate; and

(c) for time worked on a public holiday—250% of the ordinary hourly rate.

30.6 No employee performing work as Captioners/Audio Describers and Subtitlers/ Subtitling Editors in the classifications for that work contained in clause A.1.23 will be required to work on a visual display terminal for more than 2 hours without a break. Each employee is entitled to a 10 minute break in respect of each such 2 hour period worked. (This time shall count as time worked).

31. Overtime

31.1 The hourly rate for overtime purposes is to be calculated by dividing the relevant minimum weekly rate by 38.

31.2 All time worked in excess of the ordinary hours is overtime and must be paid for as follows:

(a) Monday to Friday—150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after that;

(b) Saturday—175% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate after that;

(c) Sunday—200% of the ordinary hourly rate; and

(d) public holiday—250% of the ordinary hourly rate.

31.3 Where an employee is specifically brought in to work overtime on a Saturday, Sunday or public holiday, the minimum payment must be for 4 hours of work.

31.4 In calculating overtime each day’s work must stand alone, provided that where the overtime begins on one day and continues after midnight without interruption other than for meal breaks, the overtime must be paid on the basis that the employee has worked continuously.

31.5 Except in cases of a change of roster of which the employee has had 24 hours’ notice or where the employee agrees to bank an accrued day off, an employee who is required to work on any day for which the employee is rostered off duty will be entitled to payment at 200% of the ordinary hourly rate for all time worked or 250% of the ordinary hourly rate for public holidays with a minimum payment for 4 hours’ work.

31.6 Where an employee having completed work and having left the place of work is recalled for work, not continuous with the next rostered shift, the employee must be paid overtime at 200% of the ordinary hourly rate with a minimum of 2 hours’ payment. Clause 31.6 does not apply where clause 31.5 applies.

31.7 An employee who finishes overtime work at a time when reasonable means of transport are not available must either be provided with transport to their home or be paid at the overtime rate for the time reasonably required to reach their home after completing the overtime.

31.8 An employee is entitled to a minimum break of 10 hours between the finish of work on one day and the start of work on the next day. If the employer requires an employee to resume work without such a break, the employee must be paid at 200% of the ordinary hourly rate for all time worked until they have had a break of at least 10 hours.

32. Shift and weekend penalties

32.1 Shift duty allowance

(a) Subject to the provisions of clause 32.1(c) an employee who works a rostered shift which finishes after 7.00 pm or a shift which finishes at or before 7.00 am on any day must be paid for that shift 15% more than their ordinary rate of pay.

(b) Subject to the provisions of clause 32.1(c) an employee who works a rostered shift which begins before 7.00 am on any day must be paid for that shift 15% more than their ordinary rate of pay.

(c) For all ordinary time worked on a rostered shift between midnight and 6.00 am the shift duty allowance prescribed in this award must be increased to 20% more than their ordinary rate of pay limited to the ordinary time worked between these hours.

(d) The shift duty allowance in clause 32.1 must not be taken into account in calculating the additional rates prescribed for overtime, Saturday or Sunday work, work on public holidays, any payment for personal leave, or annual leave.

(e) Employees performing work as Captioners/Audio Describers and Subtitlers/Subtitling Editors in the classifications for that work contained in clause A.1.23 will receive a penalty for all work on a shift commencing after 12.00 pm (noon) and before 6.00 pm and of at least 7 hours duration of 17%.

32.2 Weekend penalties

(c) The extra rates prescribed in clauses 32.2(a) and 32.2(b) must be in addition to the shift duty allowance prescribed by clause 32.1.

(d) The extra rates prescribed in clauses 32.2(a) and 32.2(b) must not be taken into account in calculating any payment for annual leave.

33. Extra rates of pay not cumulative

The rates prescribed as payments additional to minimum ordinary weekly rates must not be cumulative so as to exceed the maximum of 200% of the ordinary hourly rate except on public holidays when the maximum rate must be 250% of the ordinary hourly rate.

34. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

34.1 Employers must pay to an employee the allowances the employee is entitled to under clause 34.

34.2 Wage-related allowances

34.3 Expense-related allowances

Part 8—Radio Broadcasting

35. Hours of work—Announcers and Broadcaster/Journalists

35.1 The ordinary hours of work of a full-time announcer, broadcaster or journalist employee are an average of 38 hours per week.

35.2 By agreement between the employer and the employee ordinary hours are to be worked in one of the following ways:

(a) 5 days of 7 hours and 36 minutes per day;

(b) 4 days of 8 hours and one day of 6 hours;

(c) 4 days of 7 hours and 30 minutes and one day of 8 hours; or

(d) any combination of the above.

35.3 Hours on air

(a) Except in an emergency or on a public holiday the maximum number of consecutive ordinary hours on air in all daylight shifts, Monday to Friday, must not exceed 4.

(b) Provided that on-air hours may be increased to a maximum of 5 consecutive hours by agreement between the parties.

(c) Except in an emergency the maximum number of consecutive ordinary hours on air must not exceed 6 hours without a meal break.

35.4 Other duties counted as time worked

(a) A minimum of 15 minutes, taken by the employee away from the microphone prior to going on air in order to study programs, scripts and copy will be counted as time worked. The employer may require that the period of 15 minutes be increased and any such increased period will be counted as time worked.

(b) Time spent by an employee at a staff or partial staff meeting of the employer’s staff at the request or invitation of the employer must be paid for at ordinary rates of pay.

(c) Time spent in servicing of a client advertiser by an employee at the direction of the employer must be paid for at ordinary rates of pay. Any travelling time incurred by an employee in carrying out such servicing must be paid for at ordinary rates of pay.

(d) Should an employee be directed to travel away from the usual studios to broadcast, or record or perform any other duties, the time involved in travelling to and from such location will be counted as time worked. The maximum travelling time to be paid for will be 8 hours on any one day.

36. Hours of work—Technical staff

36.1 The hours of work of a full-time technical staff employee must not exceed 38 hours per week, to be worked wherever reasonably possible in shifts of 8 hours per day, or up to a maximum of 9 hours per day (inclusive of meal breaks).

36.2 The arrangement for working the 38 hours per week is to be agreed between the employer and the employee from the alternatives in clause 35.2.

36.3 The agreed hours of work arrangement must meet the following conditions.

(a) A minimum of 7 hours 36 minutes and a maximum of 9 hours may be worked in any one day.

(b) An employee must be given a minimum break of 10 hours between the finish of ordinary hours of work on the one day and starting ordinary hours of work on the next day.

37. Rosters—Announcers and Broadcaster/Journalists

37.1 A roster for announcer, broadcaster or journalist employees other than casuals showing normal starting and finishing times and the name of each employee must be prepared by the employer and must be displayed in a place that is visible and accessible to the employees concerned.

37.2 The roster must contain details of the days and hours of work of each employee during the 14 days shown on the roster and will be issued not later than 7 days prior to the commencement date of such roster.

37.3 The roster must provide that each employee has 4 days off in each fortnight, unless paid at overtime rates as provided for in clause 42—Overtime—Announcers and Broadcaster/Journalists. The roster must provide that in each fortnight at least 2 of these days off are consecutive.

37.4 An employee must not be rostered or required to work so that the end of one day’s work and the beginning of the next day’s work occur on the same calendar day; except where an employee is working the midnight to dawn shift or is rostered to work one unbroken stretch to 1.00 am and who starts their work on the same day after a break of at least 10 hours.

37.5 The roster may not be altered with less than 7 days’ notice except in an emergency or with the agreement of the employer and employee. Alteration of rosters must be in accordance with clause 25—Consultation about changes to rosters or hours of work.

38. Rosters—Technical staff

38.1 A roster for technical staff employees showing normal starting and finishing times and the name of each employee must be prepared by the employer and must be displayed in a conspicuous place accessible to the employees concerned 7 days before the roster comes into operation.

38.2 The roster will be alterable by mutual consent at any time. Alteration of rosters must be in accordance with clause 25—Consultation about changes to rosters or hours of work.

38.3 The employer may amend the roster on 7 days’ notice. Where a roster is altered without the required 7 days’ notice the employee whose roster has been changed will be paid at overtime rates specified in clause 43—Overtime—Technical staff until the 7 days’ notice has elapsed.

38.4 All rosters will allow at least 2 clear days off in each roster week. For the purposes of clause 38 day means midnight to midnight.

38.5 When the spread of rostered hours, inclusive of meal breaks, exceeds 9 hours on any day the employee so rostered must be paid at 150% of the minimum hourly rate of pay for the first 2 hours and 200% of the minimum hourly rate after that.

38.6 For the purposes of clause 38 each day will stand alone.

39. Meal breaks—Announcers and Broadcaster/Journalists

39.1 An employee must be allowed a meal break of between 45 and 60 minutes.

39.2 The meal break must be taken before the employee has completed 6 hours from the time when the employee’s duties begin for that day.

39.3 Where there is agreement between the employer and employee the meal break may be reduced to 30 minutes.

40. Meal Breaks—Technical staff

40.1 An employee will be allowed a meal break during or at the end of each 5 hours of work. The meal break is unpaid and is to be between 30 and 60 minutes.

40.2 If the meal break is not allowed as provided in clause 40.1, the normal time of the meal break will be paid for at 150% of the minimum hourly rate for weekdays, 200% of the minimum hourly rate for Saturdays and Sundays and 250% of the minimum hourly rate for public holidays. The employee will be permitted to have the meal break without deduction from their ordinary rate of pay as soon as possible after the prescribed meal break.

40.3 By agreement between any employer and an individual employee or a majority of employees other arrangements about meal breaks may be made.

40.4 Where it is necessary for an employee to remain on-call during their meal break that break will be paid as time worked.

40.5 Where an employee is required to perform work when on-call during their meal break Monday to Friday inclusive, the employee will be paid at 150% of the minimum hourly rate for time worked, Saturday or Sunday will be paid at 200% of the minimum hourly rate and on public holidays at 250% of the minimum hourly rate.

41. Breaks between shifts—All radio broadcasting staff

41.1 If starting work at the employee’s next rostered starting time would mean that the employee did not receive a full 10 hour break between shifts then either:

(a) the employee may, without loss of pay, start work at such later time as is necessary to ensure that they receive a break of at least 10 hours; or

(b) the employer must pay the employee at 200% of the minimum hourly rate for all work performed until the employee has received a break of at least 10 hours.

42. Overtime—Announcers and Broadcaster/Journalists

42.1 All time worked in excess of the rostered daily hours by full-time, part-time and casual announcers and broadcaster/journalists is overtime and is to be paid at 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after that.

42.2 All time worked in excess of 7 hours by an announcer or a broadcaster/journalist on a midnight to dawn shift is overtime and is to be paid at 150% of the minimum hourly rate for the first 2 hours on any one day and at 200% of the minimum hourly rate after 2 hours on that day.

42.3 Overtime worked on any day stands alone.

42.4 Work in excess of 10 days

42.5 On-air hours

42.6 Work on rostered day off

(a) An announcer or a broadcaster/journalist other than a casual required to work on their rostered day off at less than 7 days’ notice will be paid at 200% of the minimum rate for that day’s work.

(b) If an employee is required by the employer to attend a staff or partial staff meeting of the employer’s staff on the employee’s day off, and where such employee agrees to attend, the employee will be paid at the rate of 200% of the minimum hourly rate with a minimum payment of 2 hours.

43. Overtime—Technical staff

43.1 Technical staff are to be paid for overtime at the following rates:

(a) Monday to Friday—150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after that.

(b) Saturday—175% of the minimum hourly rate for the first 2 hours overtime and 200% of the minimum hourly rate after that.

(c) Sunday—200% of the minimum hourly rate.

(d) Public holidays—250% of the minimum hourly rate.

43.2 In calculating overtime each day’s work will stand alone. Where the overtime commences on one day and continues after midnight without interruption other than for meal breaks the overtime will be paid as having been worked on a continuous basis.

43.3 A meal break of at least 45 minutes will be allowed wherever practicable before commencing overtime unless the period of overtime is less than 1.5 hours. An employer and employee may mutually agree to any variation of this provision to meet the circumstances of the work in hand.

44. Penalty rates—Announcers and Broadcaster/Journalists

44.1 Sundays

44.2 Public holidays

44.3 Penalty rates not cumulative

44.4 Shift penalties

(a) An announcer or a broadcaster/journalist required to work between 10.00 pm and 9.00 am (other than on a midnight to dawn shift) must be paid at 115% at the minimum hourly rate with a minimum payment of one hour.

(b) An announcer or a broadcaster/journalist required to work on a midnight to dawn shift must be paid at 115% of the minimum hourly rate for the entire shift worked.

(c) The shift penalties prescribed by clause 44.4 are not cumulative upon any other entitlement under any other clause in this award.

45. Penalty rates—Technical staff

45.1 Weekend penalty rates

45.2 Shift penalties

(a) A technical employee who works on a shift, any part of which falls between 6.00 pm and 7.00 am, will be paid an additional penalty of 15% of the relevant minimum hourly rate for the entire shift worked.

(b) A technical employee required to work ordinary hours continuously for a period exceeding 4 weeks on a shift falling wholly within the hours of 6.00 pm and 7.00 am must be paid an additional penalty of 30% of the relevant minimum hourly rate for each entire shift worked.

(c) The additional payments prescribed in clause 45.2 are not to be taken into account in the calculation of overtime payment or to be paid with respect to any shift for which any other form of penalty payment is made under this award, except where the employee is required to work on public holidays or a rostered day off.

(d) The period for which the additional payment prescribed by clause 45.2 will be calculated is to the nearest quarter of an hour in each weekly period.

46. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

46.1 Employers must pay to an employee the allowances the employee is entitled to under clause 46.

46.2 Wage-related allowances

46.3 Expense-related allowances

Part 9—Journalists

47. Annualised wage arrangements—Journalist Grade 5 and above

47.1 Annualised wage instead of award provisions

(a) An employer and a full-time employee classified as a Journalist Grade 5 or above may enter into a written agreement for the employee to be paid an annualised wage in satisfaction, subject to clause 47.1(c), of any or all of the following provisions of the award:

(b) Where a written agreement for an annualised wage agreement is entered into, the agreement must specify:

(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified in the agreement pursuant to clause 47.1(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.

(d) The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.

(e) The agreement may be terminated:

47.2 Annualised wage not to disadvantage employees

(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases or the agreement terminates earlier, over such lesser period as has been worked).

(b) The employer must each 12 months from the commencement of the annualised wage arrangement or, within any 12 month period upon the termination of employment of the employee or termination of the agreement, calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised wage actually paid to the employee. Where the latter amount is less than the former amount, the employer shall pay the employee the amount of the shortfall within 14 days.

(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement agreement for the purpose of undertaking the comparison required by clause 47.2(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.

47.3 Base rate of pay for employees on annualised wage arrangements 

48. Hours of work

48.1 The ordinary hours of work for a journalist are an average of 38 hours per week to be worked on one of the following bases by agreement between the employer and the majority of the employees in a section or unit:

(a) 5 days per week;

(b) 19 days in a 20 day work cycle comprised of 3 weeks of 40 hours and one week of 32 hours;

(c) 9 days in a 10 day work cycle comprised of one week of 42 hours and one week of 34 hours; or

(d) 4 days in a 5 day work cycle.

48.2 In the fortnight in which Christmas Day and Good Friday occur, the ordinary hours will be reduced by 8 hours.

48.3 The ordinary hours specified in clause 48.1 must be worked so that each employee has at least 2 days off duty each week except in the fortnights in which Christmas Day and Good Friday occur, when there must be at least 5 days off duty.

48.4 Rostered days off

(a) Where an employee is given a day(s) off duty, this day or days will begin from the time the employee actually finishes duty.

(b) An employee who is not given any of the day or days off duty referred to in clause 48.3 by any of the methods provided for in clause 48 will be paid for such days in accordance with clause 55.1(b)(ii).

49. Rostering

49.1 The starting and finishing times of the ordinary daily hours of work will be rostered 7 days in advance on a section by section basis unless the employer and a majority of employees in that section agree that a roster is not feasible. Any such agreement must contain provisions for the means of determining overtime and will be in writing where applicable.

49.2 Due to unforeseen circumstances, rostered ordinary hours for an employee may be changed by the employer up to the conclusion of the previous shift worked by the employee or, where the employee is off duty, not less than 12 hours before the next rostered shift of ordinary hours for the employee is due to begin, or later in an emergency.

49.3 Ordinary hours of duty will be rostered in shifts of not less than 4 and not more than 11 hours.

49.4 Changes to rosters may only be made in accordance with clause 25—Consultation about changes to rosters or hours of work.

50. Breaks

50.1 An employee will not be required to work more than 5 hours without a break of at least 20 minutes.

50.2 Where an employee is permitted a break of one hour off duty for a meal, the employer will be entitled to deduct one hour from the total time worked in accordance with clause 48—Hours of work. If the break permitted is less than one hour, no time will be deducted. A maximum of one hour will be deducted in any one day.

51. Shift penalties

51.1 Any employee who is rostered to perform and performs ordinary duty on a shift:

(a) any part of which falls between the times of 6.00 am and 7.00 am or is rostered to perform and performs ordinary duty on a shift that concludes between 6.00 pm and 8.30 pm will be paid 110% of the minimum hourly rate for the entire shift worked; and

(b) any part of which falls between 8.30 pm and 6.00 am will be paid 117.5% of the minimum hourly rate for the entire shift worked.

51.2 The additional rates provided in clauses 51.1(a) and 51.1(b) are not cumulative and where any shift attracts both penalties only the higher percentage will be paid.

51.3 The additional payments prescribed in clause 51 will not exceed the amount based on the rate for Grade 5 in the case of an employee employed by a metropolitan television station and Grade 3 in the case of an employee employed in a non-metropolitan television station.

52. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

52.1 Employers must pay to an employee the allowances the employee is entitled to under clause 52.

52.2 Expense-related allowances

53. Distant engagements

53.1 A distant engagement is an assignment requiring an employee to spend one or more nights away from the location where they are employed (the place of origin).

53.2 Starting and finishing times for distant engagements

(a) A distant engagement begins from the time of departure on the assignment from the place of origin, provided that where an employee has started work before the time of departure the distant engagement will start 8 hours after the employee commenced duty on that day and the employee will be treated as having worked 8 hours on that day in addition to any time worked that day on the distant engagement.

(b) A distant engagement ends at whichever is the later—the time the employee returns to the place of origin or the time the employee finishes work on that day.

53.3 Calculation of ordinary hours of work, overtime and shift penalty payments and treatment of days off on a distant engagement

(a) Time spent working and travelling on any day where travel is by a means approved by the employer, will be hours of duty on that day for the purpose of clause 53.3. Each employee will be treated as working a minimum of 9 hours on any day.

(b) Overtime will only occur where:

(c) No time will be counted as overtime more than once.

(d) All overtime worked on a distant engagement will be either:

(e) Whether overtime will be provided according to clauses 53.3(d)(i) or 53.3(d)(ii) will be determined by the employer.

(f) An employee on a distant engagement is entitled to the shift penalties provided for in clause 51—Shift penalties. For the purpose of clause 53.3 ordinary hours of duty means the first 9 hours of duty on any day except when those hours are overtime by reason of clause 48.1.

(g) When an employee on a distant engagement is not given weekly days off duty to which the employee is entitled under clause 48—Hours of work, the employee will be given them, within 14 days of finishing the distant engagement, in addition to the days off to which the employee is entitled in that 14 day period. The days off are to be continuous where the employee has been on a distant engagement for a week or more without being given any days off.

54. Transfers

54.1 Clause 54 applies to employees who are required by their employer to permanently perform their duties in a different town or city to the one in which they were last directed by their employer to perform their duties.

54.2 An employee must not be downgraded as a consequence of any transfer.

54.3 An employer must reimburse the following costs associated with the transfer:

(a) first class train fare or economy class air fares for the employee and their family, or if the employee travels by car they will be paid the vehicle allowance in accordance with clause 15.3(a);

(b) the transfer and storage of the employee’s furniture and effects. The employee will obtain at least 2 quotations for the transfer and storage and the employer will be obliged to reimburse the lower amount;

(c) reasonable accommodation costs for a maximum of 4 weeks or until permanent accommodation is obtained, whichever is the sooner; and

(d) reconnection and installation costs of telephone and other utilities at the employee’s first new place of residence.

54.4 Clause 54.3 does not apply when an employee who is transferred under clause 54 agrees in writing, at the time of the transfer or subsequently, that the city or town to which they are transferred will be or has become their permanent place of residence.

54.5 If the employment of an employee is terminated by the employer for a reason other than misconduct, and the employee determines to relocate to the city or town in which they were located prior to the transfer, the employer must reimburse the employee the costs which are associated with that relocation referred to in clauses 54.3 and 54.4.

54.6 An employee who resigns or is dismissed for misconduct while employed in another town, city or State is not entitled to the return fare for themselves or their family, or to any other return expenses.

54.7 The town or city to which an employee is transferred must thereafter be regarded as the town or city in which the employee is regularly employed for all purposes.

55. Overtime

55.1 Daily overtime

(a) Daily overtime represents all time worked outside an employee’s rostered hours of duty, except for time worked on a rostered day off.

(b) Daily overtime will be compensated for in the following manner.

55.2 Insufficient break

(a) Insufficient break represents all time worked before the expiration of 12 hours from the completion of duty on one day and the resumption of duty, except during distant engagements, and will be compensated as follows:

(b) If an employee is called upon to resume duty within 12 hours of completion of a distant engagement, overtime will be paid at 150% of the minimum hourly rate for all work done before the expiration of the 12 hour break.

(c) Time worked during any period of insufficient break will not be included in the calculation of weekly hours.

55.3 In no circumstances will overtime as provided for in clause 55 be compensated for more than once.

55.4 Overtime on a distant engagement will be treated in accordance with clause 53—Distant engagements.

Part 10—Cinemas

56. Coverage

No employer covered by Part 10—Cinemas and not otherwise covered by Parts 8, 9, 11, 12, or 13 will be covered by the Hospitality Industry (General) Award 2020 or the Restaurant Industry Award 2020.

57. Types of employment

57.1 At the time of engagement an employer will inform each employee in writing of the terms of their engagement and, in particular, whether they are to be full-time, part-time or casual.

57.2 Full-time employees

(a) A full-time employee is an employee who is engaged to work:

(b) A full-time employee must be provided with a written statement setting out their classification, applicable pay scale and terms of engagement.

57.3 Part-time employees

(a) A part-time employee is an employee who:

(b) A part-time employee receives the minimum hourly rate for ordinary hours worked.

(c) An employer is required to roster a part-time employee for a minimum of 4 consecutive hours on any day or shift. An employer will offer to roster a part-time employee for a minimum of 8 hours in any consecutive 7 day period commencing on a Thursday.

(d) All hours worked in excess of full-time hours will be overtime and will be paid in accordance with clause 61—Overtime and penalty rates.

57.4 Casual employees

(a) A casual employee is an employee engaged as a casual employee and paid by the hour. An employer when engaging a casual must inform the employee that they are employed as a casual, of their hours of work, classification level and rate of pay.

(b) A casual employee must be paid at the relevant minimum hourly rate plus a casual loading of 25%. The casual loading is paid instead of all paid leave including annual leave, personal/carers’ leave and public holidays not worked whether prescribed in this award or the NES.

(c) Casual employees must be paid at the termination of each engagement but may agree to be paid weekly or fortnightly.

(d) Casual employees are entitled to a minimum payment of 3 hours’ pay on each occasion they are required to attend for work.

58. Ordinary hours of work and rostering

58.1 Hours of work

(a) Ordinary hours of work for cinema employees can be any hours worked on any of the days Monday through to and including Sunday.

(b) Cinema employees will be paid the loading in clause 13.4 for all hours worked.

(c) Ordinary hours worked between 1.00 am and 8.00 am on any day will be paid at 200% of the minimum hourly rate.

58.2 Full-time employees

(a) Full-time employees must work:

(b) Ordinary hours must be worked in periods of rostered ordinary hours of not more than 8 consecutive hours or 10 consecutive hours by agreement between the employer and employee, and not less than 4 hours which must be consecutive other than for meal breaks.

58.3 Part-time employees

(a) Part-time employees will be required to work:

(b) The agreement about the number of ordinary hours to be worked will be in writing and may be changed at any time by agreement between the employer and employee, which will also be in writing.

(c) Part-time employees may by agreement be employed as full-time employees during school holidays.

58.4 28 day cycle

58.5 Casual employees

58.6 Attending meeting or training session

59. Rosters

59.1 The employer will post a draft roster on the Friday and will post a final roster on the Monday afternoon before the start of the week to be worked. The start of the week is a Thursday.

59.2 Where a change to the final roster is required to be made, an agreement between the employer and the employee is required.

59.3 The employer can change the roster at short notice without agreement due to unforeseen operational requirements. However, if the employer changes the roster for other reasons, employees will be paid at 200% of the minimum hourly rate for hours worked outside the original roster.

59.4 To the extent practical, the rostering process will be undertaken in consultation with individual employees affected and, in respect of part-time employees, the employer will endeavour to provide a reasonably regular pattern of work which accommodates the fluctuating operational requirements of the employer.

59.5 Changes to rosters must be in accordance with clause 25—Consultation about changes to rosters or hours of work.

60. Meal breaks

60.1 The employer must allow a meal break of 30 minutes or, if the employee and the employer agree, up to 60 minutes when employees are working a rostered period of work in excess of 5 hours unless that rostered work period would end within that meal break.

60.2 Employees required to work beyond 5 hours without a meal break will be paid at 200% of the minimum hourly rate for the period of the meal break.

61. Overtime and penalty rates

61.1 Full-time and part-time employees—overtime

(a) Overtime will be paid to a full-time or part-time employee who works:

(b) Overtime will be paid at 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after that.

61.2 Casual employees—overtime

(a) Work for more than 8 consecutive hours on any day or 10 consecutive hours by agreement between the employer and employee is overtime. The employer will pay for this overtime at 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after that.

(b) Each day’s work will be considered separately for the purposes of overtime. The employer will not count meal breaks when adding up hours of overtime.

61.3 All cinema employees—break between shifts

(a) Employees must have at least 10 consecutive hours off duty between the end of each shift and starting ordinary work on the next day or shift. Where the employer is satisfied that work health and safety standards will be met, an employee may request and the employer may agree that a break of at least 8 hours be substituted for the 10 hour break.

(b) If the employer requires an employee to return to work before the employee has had 10 hours off duty (or 8 hours at the request of the employee), the employer will pay the employee 200% of the minimum hourly rate until the employee is released from duty. Employees are then entitled to be absent until the completion of 10 consecutive hours off duty without loss of pay for ordinary working time during that absence.

(c) An employee may voluntarily swap a work period or periods with another employee if the employer agrees. If this occurs, clause 61.3(d) will not apply.

(d) Weekly employees will be free from duty for a minimum of 2 days each week and such days will be consecutive where reasonably possible. If any of the days are not given and taken, payment will be made at 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after that for all hours worked with a minimum payment for 4 hours.

61.4 All cinema employees—public holidays

(a) Clause 23.2 will not apply to employees in cinemas.

(b) If a weekly employee is required to work on a day to be observed as a public holiday, then, the employee will be paid at 200% of the minimum rate for the hours worked.

(c) Casual employees will be entitled to receive 200% of the minimum hourly rate for work on a public holiday.

(d) A weekly employee whose rostered time off falls on a public holiday will be:

61.5 See clause 58.1(c) for the penalty applicable for ordinary hours worked between 1.00 am and 8.00 am.

62. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

62.1 Employers must pay to an employee the allowances the employee is entitled to under clause 62.

62.2 Wage-related allowances

62.3 Expense-related allowances

Part 11—Artists

63. Special definitions

In this Part unless the contrary intention appears:

64. Terms of engagement

64.1 The terms of an engagement will be specified by the employer when the engagement is made, confirmed in writing and forwarded to the employee or their agent prior to the start of work by the employee on their first call.

64.2 The employer will specify in writing as part of the terms of engagement the details of work to be performed by the performer, including:

(a) with respect to advertising content the products or services to be advertised, if any, and where possible and practicable, the details of length and number of advertising productions;

(b) with respect to content other than advertising productions the requirement to use the artist’s name or image in commercial tie-ups between that content and commercial goods or in commercial advertising;

(c) the intention, if any, to associate the performers image or name with promoting a product or service, including the use of still photographs;

(d) the requirement, if any, to appear nude, semi-nude or in sex simulated scenes, including in still photography;

(e) the intention, if any, to use a stand-in or double in place of the performer in nude, semi-nude or sex simulated scenes;

(f) a requirement to participate, if any, in action which could reasonably be described in industry custom and practice as a stunt and the details of the special services required; and

(g) with respect to content other than advertising content the performer’s name to be used for billing publicity and purposes.

64.3 Minimum payments per day

64.4 Auditions

(a) No audition or screen test will be held in public. The only persons allowed to be present during an audition or screen test will be the employer and/or members of the employer’s production staff.

(b) No recording of an audition or screen test will be used in any manner whatsoever other than for private viewing by the employer and/or members of the employer’s production staff and such recording may only be retained by the employer solely for reference purposes.

(c) The artist will not be required to perform a sex simulated scene in any audition or screen test.

(d) The artist will not be required to appear nude or semi-nude in the first audition or screen test.

(e) Where the employer requires the artist to appear nude or semi-nude in an audition the employer must:

65. Hours of work

65.1 Content other than feature films

(a) The ordinary hours of work will be based on an 8 hour day exclusive of meal breaks to be worked continuously between 7.00 am and 8.00 pm, Monday to Friday and will not exceed:

65.2 General (applicable to all content)

(a) Travelling time both ways between the pick-up point and the place of work will be counted as time worked.

(b) An employee will not be required to work more than 8 hours without payment for overtime.

(c) The employee’s time of starting will be the time that the employee is directed to be in attendance by the employer. Time taken for the application of make-up will count as time worked but removal of make-up must be in the artist’s own time. However, where the time taken to remove full body make-up, special effects make-up and prosthetics exceeds 10 minutes, and when the actual time is taken to remove the make-up, up to 30 minutes will count as time worked. Where the employer and an artist agree that there are special circumstances requiring more than 30 minutes in the removal of make-up, the time actually taken in such removal will be counted as time worked.

(d) If for the purposes of wardrobe the employer directs an employee to attend at a particular place before the start of the employee’s call, the employer will pay the employee for each hour or part thereof which the employee so attends for such purposes at the employee’s ordinary rate of pay.

(e) Wild lines (dialogue) recorded on location, in studio premises or location hotel room on completion of a day’s shooting, but not recorded to pictures, are to be regarded as shooting time or an extension thereof.

65.3 Notice of call times

65.4 Cancellation

66. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

66.1 Employers must pay to an employee the allowances the employee is entitled to under clause 66.

66.2 Wage-related allowances

66.3 Expense-related allowances

66.4 Release allowances payable to performers—feature films only

67. Meal breaks and rest breaks

67.1 General

(b) Where an artist is required to start work at a time which does not allow them to obtain breakfast at the place of accommodation the employer will pay the artist the amount set out in clause 66.3(a)(ii) or provided with an adequate breakfast.

(d) When proper meals are unavailable or the artist by reason of wearing costume and/or make-up is unable to proceed to a public restaurant etc., the employer will pay the artist the amount as set out in clause 66.3(a)(ii) for lunch and for dinner or provide adequate meals.

(e) If the meal period is not allowed the artist will be permitted to have their usual meal period without deduction as soon as possible after the prescribed meal period and the normal time of the meal period will be paid for at:

(f) An artist required to work beyond the time of a second meal break will be paid an allowance as set out in clause 66.3(a)(i) unless the employer provides the appropriate meal.

(g) When overtime duty is performed beyond midnight a supper break of half an hour must be allowed and taken as time on duty. The employer must reimburse the artist at the rate set out in clause 66.3(a)(i) per supper or provide supper.

(i) All meal breaks and rest periods are to be uninterrupted and free from hair, wardrobe, make-up, rehearsal calls and other work.

(j) A break of 10 clear hours must be allowed between finishing work on one day and starting work on the next day. In the event of an emergency, work may be performed within this 10 hour period with the consent of the artist. If work is performed within this 10 hour period the artist will be paid 200% for the whole period worked until the artist starts their 10 hour break.

(k) Where an artist is scheduled only a single day off in a week, the minimum break for that day will be 34 consecutive hours calculated from the time the artist stops work on the day prior to the break. Where an artist does not receive a break of 34 hours they will be paid at 200% for that period of time worked which is equal to the time by which the 34 hour break was shortened. For the purpose of clause 67.1 publicity and/or promotion work will not be regarded as work in a 34 hour break and such work will be paid for at the rate prescribed in clause 66.2(d).

67.2 Dancers

(a) A 30 minute warm-up period prior to the commencement of work will be counted as time worked.

(b) A rest break of at least 10 minutes per hour will be granted during all rehearsal/production periods.

(c) This provision applies only in circumstances where professional dancers are engaged as such to perform choreographed or unchoreographed dance to a level normally expected of a professional dancer.

68. Overtime

68.1 An employee will work overtime as an employer may reasonably require.

68.2 For half daily engagements time worked in excess of 4 hours will be paid for at the appropriate overtime rate.

68.3 Television other than television programs

(a) For all time worked in excess of 8 hours per day other than on Sunday or public holidays payment will be at 150% for the first 2 hours and at 200% after that.

(b) Overtime and penalty rates will be based on the employee’s ordinary rate of pay.

68.4 Feature films

(a) For all time worked in excess of 8 hours per day on Monday to Friday or 38 hours per week payment will be made at 150% for the first 3 hours and 200% after that.

(b) For purposes of calculating overtime payments each day’s overtime will stand alone.

(c) Where ordinary hours of work are worked on a Saturday such ordinary hours will not exceed 8 hours exclusive of meal breaks and will be paid for at 125%. Where overtime is worked on a Saturday following the working of ordinary hours of work the rate of payment of the overtime will be 175% for the first 3 hours and 200% after that.

(d) Where overtime is worked on a Saturday which does not follow or is not continuous with the working of ordinary hours of work (i.e. where Saturday is a sixth or seventh day of the week) it will be paid for at 150% for the first 3 hours and 200% after that.

(e) For all work performed between 11.00 pm and 6.30 am a penalty of 25% will be paid for each hour so worked.

(f) Where the work is performed between midnight Friday and 6.30 am Saturday, or between 8.00 pm and midnight Saturday, the penalty will be 50%.

68.5 All other content

(a) For all work performed between 8.00 pm and 7.00 am a penalty of 25% will be paid for each hour worked.

(b) Provided that where the work is performed between midnight Friday and 7.00 am Saturday, or between 8.00 pm and midnight Saturday, the penalty will be 50%.

(c) For all time worked in excess of 8 hours per day on Monday to Friday or 38 hours per week payment will be made at 150% for the first 3 hours and 200% after that.

(d) For purposes of calculating overtime payments each day’s overtime will stand alone.

(e) Where an artist is rostered a day free of duty between Monday and Friday they may be worked on Saturday as part of their ordinary hours of work. Where ordinary hours of work are worked on a Saturday such ordinary hours must not exceed 8 hours exclusive of meal breaks and will be paid for at 125%.

(f) Where overtime is worked on a Saturday following the working of ordinary hours of work the rate of payment of this overtime will be 175% for the first 3 hours and 200% after that.

(g) Where overtime is worked on a Saturday which does not follow or is not continuous with the working of ordinary hours of work (i.e. where Saturday is a sixth or seventh day of the week) it will be paid for at 150% for the first 3 hours and 200% after that.

68.6 General (applicable to all productions)

69. Penalty rates

69.1 Sunday work

69.2 Postponement

(c) Calls substituted for the postponed call will be paid for at the rate for the original call.

69.3 Public holidays

70. Lay days

If an artist is required to stay away overnight from their place of residence but is not required to work (not being their usual day off) the artist will receive their ordinary rate for each day, unless the artist is engaged on a weekly basis.

Part 12—Musicians

71. Hours of work

71.1 The ordinary hours of work of a casual musician employed in television will be a call of between 3 and 8 hours on any one day, excluding meal breaks.

71.2 In all other cases the duration of a call will not exceed 3 hours and will include all intervals and breaks as time worked. All time worked in excess of 3 hours will be paid at the appropriate overtime rate.

72. Terms of engagement

72.1 The terms of engagement of a musician employed in the making of feature films, documentaries, telemovies and television mini-series will be specified by the producer when the engagement is made, confirmed in writing and forwarded to the musicians where possible at least 48 hours before recording call commences.

72.2 The employer will specify in writing as part of the terms of engagement the details of work to be performed by the musician including:

(a) the production title, the production company and the employer’s name;

(b) the instrument to be played, if doubling is required, and in the case of a session singer the type of work required by the employee (e.g. doubling, harmonising, original track);

(c) the hours and days required to work;

(d) the fees to be paid; and

(e) whether the engagement is for auditioning or demonstration purposes.

72.3 At least 48 hours’ notice will be given by the employer of the cancellation or postponement of a recording call, failing which payment in full will be made.

72.4 Finished recording will be made in multiples of 7 minutes per hour in the aggregate with not more than 21 minutes of finished recording, paid at the ordinary time rate of pay, to be made in the first 3 hours.

72.5 A call will be deemed to have started at the time notified by the employer but, should all members of the orchestra not be present and ready to commence at the time notified by the employer as the starting time, the call will be deemed to have started only when the entire orchestra actually commences.

73. Meal breaks and rest breaks

73.1 A musician will be entitled to a break of not less than 15 minutes in each call. This break will be taken at a time mutually agreed and will count as time worked.

73.2 An employee whose ordinary hours of call on any one day exceed 5 hours will be allowed a meal break no later than at the end of each 5 hours of work. The meal break will be between 30 and 60 minutes, or if the employee is a session singer, 60 minutes. A meal break will not be counted as time worked.

73.3 An employee will be allowed a break of 10 consecutive hours between the time the employee finishes work on one day and the time the employee next starts work. If the employee starts without having received the break, the employee will be paid at 200% of their ordinary rate until the employee receives a 10 hour break.

74. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

74.1 Employers must pay to a musician the allowances the employee is entitled to under clause 74.

74.2 Expense-related allowances

74.3 Other allowances

(a) Principal players as defined in Schedule F—Musicians will be paid an additional amount of 25% of the minimum rate per call.

(b) Doubling—a musician required to play more than one instrument and a session singer required to multi-track the same line of music, will be paid an additional amount of 25% of the minimum rate per additional instrument per call.

(c) Overdubbing—where a producer requires a musician to play additional parts or a session singer is required to multi-track a different line of music, the musician will be paid an additional minimum call of 3 hours’ duration.

(d) Leaders as defined in Schedule F—Musicians will be paid an additional amount of 33.3% of the total minimum call rate.

75. Overtime

75.1 Any time worked in excess of an initial 3-hour call will be paid at 150% of the minimum hourly rate for 2 hours and 200% of the minimum hourly rate after that, and will be calculated in segments of 15 minutes.

75.2 Any time worked in excess of the initial 3-hour call for purpose of recording material in excess of 21 minutes will be paid at 150% of the minimum hourly rate, with a minimum payment as for one hour.

75.3 All time worked in excess of the ordinary hours of an engagement on any one day will be paid at 150% of the minimum hourly rate for the first 4 hours and 200% of the minimum hourly rate after that, to be calculated to the nearest quarter of an hour.

76. Penalty rates

76.1 Sundays

76.2 Public holidays

(a) All work performed on public holidays will be paid at 200% of the minimum hourly rate for work performed on an ordinary day, with a minimum payment of 4 hours.

(b) Casual employees will be paid for work on public holidays at 200% of the minimum hourly rate of pay plus the 25% casual loading (calculated on the ordinary rate of pay).

76.3 Session singers

(a) All work excluding live recordings performed on public holidays will be paid for at 250%.

(b) Should the recording in any one session total more than 21 minutes, a loading of 25% of the performer’s session fee in that session will be paid for each additional 3 minutes or part thereof.

(c) For all work performed between 11.00 pm and 8.00 am, a penalty of 25% will be paid for each hour so worked. Where the work is performed between midnight Friday and 7.00 am Saturday or between 8.00 pm and midnight Saturday, the penalty will be 50%.

(d) An employee required to perform as an Ensemble singer must receive a penalty of 100% of the minimum session as set out in clause 13.12.

Part 13—Motion Picture Production

77. Hours of work

77.1 Ordinary hours of work for full-time motion picture production employees will average 38 hours each week, which will by agreement between the employer and employees be worked on one of the following bases:

(a) in days of up to 10 hours each over 5 days between Monday to Saturday, such hours to be worked continuously with the exception of meal breaks; or

(b) by agreement with a majority of employees by any other arrangement to a maximum of 152 hours per 28 day cycle.

77.2 All time worked on a Sunday will be overtime and paid in accordance with clause 80—Overtime.

77.3 Except when living away from home and working on location, hours of work will start and finish at a nominated place of call. A nominated place of call for the purposes of Part 13 of this award will mean, in the case of a capital city, a place nominated by the employer within 25 km of the GPO of such capital city or in other cases, a place nominated by the employer within 25 km of the employer’s usual place of business.

77.4 When living away from home and working on location, hours of work will commence and finish at the place where the employee is provided with accommodation.

78. Breaks between shifts

78.1 The following breaks will be given, or the penalties prescribed in clause 78.2 will be paid, in the case of:

(a) 2 consecutive days worked—10 clear hours between the finish of one day’s work and the start of the next day’s work; or

(b) a single day off—34 clear hours between the finish of work prior to the day off and the start of work following the day off.

78.2 Any employee required to commence work without receiving a break as prescribed in clause 78.1 will be paid an additional 100% of the minimum hourly rate for all time actually worked after the break was to be taken until the employee receives a break as set out in clause 78.1.

79. Meal breaks

79.1 Meal breaks will start no later than 5 hours from the start of the work session or the end of the last meal break, whichever is later.

79.2 If the meal break is not allowed as provided by clause 79 the normal time of the meal break will be paid at the following rates:

(a) weekdays—150% of the minimum hourly rate;

(b) Saturdays—175% of the minimum hourly rate;

(c) Sundays—200% of the minimum hourly rate; and

(d) public holidays—250% of the minimum hourly rate.

79.3 The employee will be permitted to have their usual meal break without deduction from their ordinary rate of pay as soon as possible after the prescribed meal break.

79.4 Where an employee is required to work beyond the time of their second meal break a meal will be provided by the employer or the appropriate allowance in clause 83.2(a) will be paid to the employee by the employer.

79.5 When overtime duty is performed after midnight a supper break of 30 minutes must be allowed and taken as time on duty. The employer must provide supper or reimburse the employee as per clause 83.2(a)(iii).

80. Overtime

80.1 Overtime will be classified as scheduled or unscheduled in accordance with clause 80.

80.2 Scheduled overtime is overtime which an employee has agreed to work and for which the employer has agreed to pay (whether worked or not) at the start of an engagement.

80.3 Scheduled overtime may be contracted as follows:

(a) where a 5-day week is worked scheduled overtime up to a maximum of 2 hours per day may be contracted for; or

(b) where a 6-day week is worked, scheduled overtime up to a maximum of 2 hours per day for each day between Monday and Friday inclusive and up to a maximum of 10 hours on Saturday may be contracted for.

80.4 Subject to other penalties prescribed in this award, payment for all overtime will be made as follows:

(a) Monday to Saturday—150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after that;

(b) Sunday—200% of the minimum hourly rate; and

(c) any time worked on any day in excess of 12 hours—300% of the minimum hourly rate.

80.5 Where overtime is worked on a day on which ordinary hours are not worked, payment will be made as for a minimum of 4 hours worked.

80.6 Any employee recalled to work after leaving the employer’s premises will be paid for a minimum of 3 hours’ work at the appropriate overtime rate.

81. Calculations of penalties and provision of rosters

81.1 For the purposes of applying penalties under Part 13—Motion Picture Production, the week will be divided into time zones as follows and the loadings indicated will be payable in addition to all other payments including overtime for work performed in the relevant time zones.

Zone

Time

Loading

Zone A

7.00 am to 8.00 pm Monday to Friday

Nil

Zone B

8.00 pm to midnight Monday to Thursday

25%

 

12.01 am to 7.00 am Tuesday to Friday

  
 

7.00 am to 8.00 pm* Saturday

  

Zone C

8.00 pm to midnight Friday and Saturday

50%

 

12.01 am to 7.00 am Saturday

  

Zone D

12.01 am to 7.00 am** Monday

100%

81.2 Penalty and overtime rates will be based on hourly rates calculated from the employee’s ordinary time minimum rate in clause 13—Classifications and minimum rates, on which the employee’s gross agreed remuneration is based. A divisor of 38 will be used for such calculations.

81.3 Calculations will be made per quarter hour and work in excess of 5 minutes will be taken to the next quarter hour.

82. Casual employment

In addition to the provisions of clause 11—Casual employees the following provisions apply to casual employees.

82.1 Except when hired for one day only, a casual employee not required to work on a second or subsequent day will receive notice of cancellation prior to the finishing of ordinary hours of work on the day prior to the next agreed starting time. If this notice is not given the employee will be paid for a minimum of 8 hours at the appropriate casual rate.

82.2 Casual employees engaged at a location may be employed for a minimum of 4 hours at the appropriate hourly rate.

83. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

83.1 Employers must pay to a motion picture production employee the allowances the employee is entitled to under clause 83.

83.2 Expense-related allowances

84. Travel

84.1 All travel required between the daily start and finish of work including all travel to and from location will be the responsibility of the employer, subject to the provisions of clause 84.

84.2 All time spent travelling will be counted as time worked, subject to the provisions of the award.

84.3 Where an employee elects, with the written agreement of the employer, to provide their own transport to a location which is at a distance of more than 25 km from the capital city in which the employer’s usual place of business is located:

(a) time spent in travel will be regarded as time worked and will be calculated as between a radius of 25 km from the GPO and the place of location, such distance to be measured on the basis of the shortest practicable route by road between the employer’s usual place of business and the location, and

(b) the time taken will be calculated on the basis of 2 minutes for each kilometre of distance between the 25 km radius and the location. If the location is within the 25 km radius the location may be considered the place of call and the employee’s time worked may be calculated from their call time at such location.

Schedule A—Television Broadcasting
A.1 Classifications
A.1.1 Definitions

A.1.2 Technicians

A.1.3 Audio

A.1.4 Lighting

A.1.5 Master Control (MC)

A.1.6 Vision Switcher

A.1.7 On-air presentation

A.1.8 Videotape

A.1.9 Library

A.1.10 Camera

A.1.11 ENG Camera

A.1.12 Graphic Art

A.1.13 Directors

A.1.14 Producer/Director’s Assistant/ VCG operator

A.1.15 Floor Manager

A.1.16 Make-up and Hairdresser

A.1.17 Carpenter

A.1.18 Wardrobe

A.1.19 Still Photographer

A.1.20 Set Design

A.1.21 Scenic Art

A.1.22 Properties

A.1.23 Captioner/Audio Describer and Subtitlers/Subtitling Editors

Schedule B—Radio Broadcasting
B.1 Classifications
B.1.1 Announcer Class 2 means an employee who is employed on announcing the time of day, playing of records and/or controlling transcriptions and/or making announcements, including reading of news, stock reports or sporting results.
B.1.2 Broadcaster/Journalist Class 2 means an employee who, in addition to carrying out the duties prescribed for Announcer Class 2, also researches, produces and presents programs and is employed by an organisation that holds a community radio broadcasting licence to represent the community interests of Aboriginal and Torres Strait Islander people.
B.1.3 Announcer Class 1 means an employee who in addition to carrying out any of the duties prescribed for an Announcer Class 2 regularly carries out one or more of the following: interviewing, open-line programs, describing sporting or other events, preparing programs of a special nature such as documentaries, public appearances (including working from studios open to public viewing) or having responsibility for the production of commercials or musical programs.
B.1.4 Broadcaster/Journalist Class 1 means an employee who, in addition to carrying out the duties prescribed for Announcer Class 1, also researches, produces and presents programs and is employed by an organisation that holds a community radio broadcasting licence to represent the community interests of Aboriginal and Torres Strait Islander people
B.1.5 Broadcasting Operator means:

B.1.6 Chief Engineer means:

B.1.7 Engineer means:

B.1.8 Technician means:

B.1.9 The Broadcaster/Journalist classification in a grade and the definitions in Schedule B—Radio Broadcasting are indicators of skills only and for the purpose of fixing the minimum award rates of payment to which employees will be entitled and will not be applied to restrict the range of work that may be required of an employee.

Schedule C—Journalists
C.1 Classifications
C.1.1 Journalists, other than cadets and journalists employed outside the Commonwealth, will be classified in the following grades in 3 bands as defined in clause C.1.2. The bands into which each grade will be allocated will be:

C.1.2 The definitions for the 3 bands referred to in clause C.1.1 are:

C.1.3 Classification in a grade and the definitions in Schedule C are indicators of skills only and for the purpose of fixing the minimum award rates of payment to which members will be entitled and will not be applied to restrict the range of work that may be required of a member.

Schedule D—Cinema
D.1 Classifications
D.1.1 Cinema Worker Level 1

D.1.2 Cinema Worker Level 2

D.1.3 Cinema Worker Level 3

D.1.4 Cinema Worker Level 4

D.1.5 Cinema Worker Level 5

D.1.6 Cinema Worker Level 6

D.1.7 Cinema Worker Level 7

D.1.8 Zone Manager means a person who in addition to working in a cinema as a manager exercises supervision, control or direction over another manager or managers in another cinema or cinemas.


Schedule E—Artists
E.1 Classifications
E.1.1 Bit Player means a performer who is not required to speak more than 6 lines of dialogue or more than 50 words in any program or episode and who will not be required to mime.
E.1.2 Double means an artist who takes the place of a performer but who does not speak dialogue used in the production and is not photographed in a manner which enables recognition. Provided that a stunt double or stunt performer who takes the place of an artist for safety reasons or to perform or to engage in hazardous action will qualify as an artist as defined in clause 63—Special definitions.
E.1.3 Extra means an artist who is part of a crowd, mob, ensemble or atmospheric scene and who appears only incidentally or in backgrounds, and who does not speak dialogue except in the mass, and who is, in accordance with industry practice, not featured, provided that the producer may for the purpose of authenticity invite members of the public in civilian dress to join in a scene and such member of the public will not be regarded as an artist and will not otherwise be covered by this award.
E.1.4 Performer Class 1 means an artist who takes part in a performance and/or is engaged to take part in a rehearsal for a performance who is required to speak more than 2 lines of dialogue (except in the case of a dancer, mime artist or puppeteer, who may not be required to speak any lines of dialogue but who is engaged to take part in a performance in that capacity) and who has the necessary skills to the required standard to effectively audition, prepare, rehearse and perform the role required.

E.1.5 Performer Class 2 means an artist who takes part in a performance and/or is engaged to take part in a rehearsal for a performance, who is required to speak more than 6 lines of dialogue or more than 50 words (except in the case of a dancer, mime artist or puppeteer, who may not be required to speak any lines of dialogue but who is engaged to take part in a performance in that capacity) and:

E.2 Experienced points structure
E.2.1 Points

Category

Type of production

Length of engagement

Points

1

Serials (as per definition in ATPA)

13 weeks and under
After 13 weeks

2 points per week
1 point per week

2

Series (as per definition in ATPA) also includes sit-coms and sketch comedies)

13 weeks and under
After 13 weeks

3 points per week
2 points per week

3

One-off productions (as defined); e.g. Film, Telemovie, Mini-Series, Docu-Drama, Dramatised Corporate Videos (more than 20 mins)

  

4 points per week

4

Theatre

13 weeks and under
After 13 weeks

3 points per week
2 points per week

E.2.2 Professional experience

E.2.3 Single days

E.2.4 Limit on one-off productions

E.2.5 Limit on points from theatre (Category 4 productions)

E.2.6 Eligible productions

E.2.7 Administration


Schedule F—Musicians
F.1 Classifications
F.1.1 Ensemble Singers are defined as a group of 2 or more singers featuring on the track or tracks as the singers of the main melody for the whole song or songs.
F.1.2 Session Singer means performer who sings vocals on records.
F.1.3 Leader means the first or principal violinist or instrumentalist who is required to perform the duties of leader where there is a conductor.
F.1.4 Principal or Principal Instrument or Principal Instrumentalist in any orchestra or band will mean and include: 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 alto saxophone, principal tenor saxophone, principal baritone 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, principal organ, principal rhythm player (as appointed by the Musical Director); the first of any one or more musical instruments other than in the foregoing; where there is only one player of any one instrument in an orchestra, the player of that instrument.

Schedule G—Motion Picture Production
G.1 Classifications
G.1.1 Level 1

G.1.2 Level 2

G.1.3 Level 3

G.1.4 Level 4

G.1.5 Level 5

G.1.6 Level 6

G.1.7 Level 7

G.1.8 Level 8

G.1.9 Level 9

G.1.10 Level 10


Schedule H—Summary of Monetary Allowances

See clauses 15, 34, 46, 52, 62, 66, 74 and 83 (allowances) for full details of allowances payable under this award.

H.1 Wage-related allowances:
H.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Grade 5 entertainment employee in clause 13.3 = $877.60.

H.1.2 Adjustment of wage-related allowances

H.2 Other rates of pay—Artists:
H.2.1 The following rates of pay in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Grade 5 entertainment employee in clause 13.3 = $877.60.
H.2.2 Interviews, auditions and screen tests (clause 13.9(c))

Rate

Clause

% of standard rate

$

Payable

General

        

Interview, audition and screen test rates —screen test for television

13.9(c)

8.25

72.40

per screen test

Interview, audition and screen test rates —visual test only

13.9(c)

6.85

60.12

per screen test

Interview, audition and screen test rates —any other audition and/or screen test

13.9(d)

3.76

33.00

per hour or part thereof

H.2.3 Engaged by the week in a serial drama or serial comedy (clause 13.8(d))

No. of episodes in which work is performed in a week

1 or 2

3

4

5

$

$

$

$

AWR

1 or 2 episode rate + (43.75% of 1 or 2 episode rate)

1 or 2 episode rate + 2 x (43.75% of 1 or 2 episode rate)

1 or 2 episode rate + 3 x (43.75% of 1 or 2 episode rate)

H.3 Expense-related allowances
H.3.1 The following expense-related allowances will be payable to employees in accordance with clauses 15, 34, 46, 52, 62, 66, 74 and 83 (allowances):

H.3.2 Adjustment of expense-related allowances

Schedule I
—Supported Wage System
I.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
I.2 In this schedule:

I.3 Eligibility criteria
I.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
I.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
I.4 Supported wage rates
I.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

I.4.2 Provided that the minimum amount payable must be not less than $89 per week.
I.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
I.5 Assessment of capacity
I.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
I.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
I.6 Lodgement of SWS wage assessment agreement
I.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
I.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
I.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.

I.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

I.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

I.10 Trial period
I.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
I.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
I.10.3 The minimum amount payable to the employee during the trial period must be no less than $89 per week.
I.10.4 Work trials should include induction or training as appropriate to the job being trialled.
I.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause I.5.

Schedule J—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started: ___/___/20___ ____ am/pm

Date and time overtime ended: ___/___/20___ ____ am/pm

Amount of overtime worked: _______ hours and ______ minutes

The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Schedule K—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is: ____ hours/days

The leave in advance will commence on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer
representative: ________________________________________

Signature of employer
representative: ________________________________________

Date signed: ___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule L—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is: ____ hours/days

The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer
representative: ________________________________________

Signature of employer
representative: ________________________________________

Date signed: ___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule M—Part-day Public Holidays
M.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
M.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight, or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

M.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
M.4 This schedule is not intended to detract from or supplement the NES.

Schedule 24—Additional Measures During the COVID-19 Pandemic
M.1 Subject to clauses X.2.1(d) and X.2.2(c), Schedule X operates from 8 April 2020 until 29 March 2021. The period of operation can be extended on application.
M.2 During the operation of Schedule X, the following provisions apply:
M.2.1 Unpaid pandemic leave

M.2.2 Annual leave at half pay

NOTE 1: A employee covered by this award who is entitled to the benefit of clause X.2.1 or X.2.2 has a workplace right under section 341(1)(a) of the Act.

NOTE 2: Under section 340(1) of the Act, an employer must not take adverse action against an employee because the employee has a workplace right, has or has not exercised a workplace right, or proposes or does not propose to exercise a workplace right, or to prevent the employee exercising a workplace right. Under section 342(1) of the Act, an employer takes adverse action against an employee if the employer dismisses the employee, injures the employee in his or her employment, alters the position of the employee to the employee’s prejudice, or discriminates between the employee and other employees of the employer.

NOTE 3: Under section 343(1) of the Act, a person must not organise or take, or threaten to organise or take, action against another person with intent to coerce the person to exercise or not exercise, or propose to exercise or not exercise, a workplace right, or to exercise or propose to exercise a workplace right in a particular way.