Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

Australian Entertainment Industry Association T/A Live Performance Australia
(AM2021/78)

LIVE PERFORMANCE AWARD 2020
[MA000081]

Application to vary the Live Performance Award 2020

A. Further to the decision issued by the Full Bench of the Fair Work Commission [[2022] FWCFB 9], the above award is varied as follows:

1. By inserting in clause 2 in alphabetical order the following:

minimum hourly rate means the minimum weekly rate as specified in clause 11—Minimum rates divided by 38 and rounded to the nearest cent.

2. By deleting clause 14.3(g) and inserting the following:

(g) Meals while travelling – one to 4 days

Where the period of travel is 1 to 4 days and the employee is not provided with meals during the period of travel, the employer shall pay the employee a meal allowance of $30.05 for each meal period which occurs during the travel.

3. By deleting clause 14.3(h) and inserting the following:

(h) Meals while travelling – one week (5 working days) or more

Where the period of travel is one week or more and the employee is not provided with meals during the period of travel, the employer shall pay the employee a meal allowance of up to a maximum of $304.81 per week or $60.96 per day in a broken week.

NOTE: The daily allowance is derived by dividing the weekly rate by 5.

4. By deleting clause 14.3(i) and inserting the following:

(i) Incidentals allowance while travelling

When the period of travel is one week (5 working days) or more, an employee must be paid an allowance for incidentals up to a maximum of $86.42 per week or $17.28 per day in a broken week.

NOTE: The daily allowance is derived by dividing the weekly rate by 5.

5. By deleting clauses 21.4 and 21.5 and inserting the following:

21.4 Musicians

(a) All work done by a full-time or part-time musician on a public holiday will be paid at 200% of the minimum hourly rate.

(b) All work done by a casual musician on a public holiday will be paid at 225% of the minimum hourly rate.

21.5 Production and Support staff

(a) Full-time and part-time employees who work on a public holiday, whether part of an ordinary roster or work cycle or not, will be paid 200% of the minimum hourly rate with a minimum payment as for 4 hours.

(b) Casual employees who work on a public holiday will be paid 225% of the minimum hourly rate with a minimum payment as for 4 hours.

NOTE: The public holiday rates for casual employees in clauses 21.4(b) and 21.5(b) have been calculated by adding the casual loading of 25% to the public holiday rate for full-time and part-time employees prescribed by clauses 21.4(a) and 21.5(a) respectively.

6. By deleting clause 44.6(a)(ii) and inserting the following:

(ii) Casual employees—225% of the minimum hourly rate with a minimum payment as for 3 hours.

NOTE: The Sunday rate for casual employees has been calculated by adding the casual loading of 25% to the Sunday rate for weekly employees prescribed by clause 44.6(a)(i).

7. By deleting clause 57.3 and inserting the following:

57.3 For each ordinary hour worked, a casual employee must be paid the minimum hourly rate specified in clause 11—Minimum rates, for the relevant classification level, plus a loading of 25% of the minimum hourly rate.

8. By deleting clause 63.4(b) and inserting the following:

(b) A casual employee who starts work on a Sunday will be paid 225% of the minimum hourly rate for all time worked, including any overtime, with a minimum payment for 4 hours.

9. By deleting clause 63.4(c).

10. By re-numbering clause 63.4(d) to 63.4(c).

11. By deleting the words “63.4(b) and 63.4(c)” in renumbered clause 63.4(c) and inserting the words “and 63.4(b)”.

B. This determination comes into effect on 14 March 2022. 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 14 March 2022.

VICE PRESIDENT

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