Live Performance Award Guide [MA000081]

Live Performance Award Guide [MA000081]

Table of content

  1. What is the Live Performance Award?
  2. Who is covered by the Live Performance Award?
  3. How are the hours of work arranged in the Live Performance Award ?
  4. How are wages and allowances calculated in the Live Performance Award?
  5. How is the leave managed in the Live Performance Award?
  6. How can Workstem assist you?

This article provides guidelines on the live performance award package. For more information on this award, please refer to the Live Performance Award.

What is the Live Performance Award?

The Live Performance Award is a set of regulations and guidelines that govern the employment conditions and entitlements of employees in the live performance industry in Australia.

It includes definitions of various terms used in the award, such as “employee,” “employer,” “performer,” “musician,” and more. The award covers aspects such as minimum rates of pay, working hours, engagement types, allowances, and specific provisions for different roles within the industry, such as dancers, musicians, and crew members. It also addresses matters related to recordings, performances, accommodation, and other relevant aspects of the live performance sector.

Who is covered by the Live Performance Award?

Coverage

The live performance industry means employers and employees who work in (or connected to) the:

  • producing (pre and post production), staging, lighting, audio and audio/visual, presenting, performing, administrating, programming, workshopping, set and prop manufacturing, or
  • undertaking live theatre, performance art, operatic, orchestral, dance, erotic, variety, revue, comedy, multi-media, choral, or musical performances, productions, presentations, rehearsals, or concerts.

Examples of employees covered by the Live Performance Award include:

  • crowd controllers
  • car parking attendants
  • crewing employees
  • mail room attendants
  • program sellers
  • stage door attendants
  • stage hands
  • theatre attendants/ushers
  • ticket sellers
  • turnstile attendants
  • tour guides
  • receptionists
  • administration and information services
  • account, booking and dispatch clerks
  • team leaders – call centres
  • customer service representatives
  • marketing or publicity assistants
  • qualified or unqualified sound and lighting technicians
  • prop and wig makers
  • machinists and tailors
  • technicians
  • performers involved in acting, singing, dancing, skating, aquatic performing, understudying and any other type of performing
  • musicians
  • conductors
  • vocalists
  • disc jockeys
  • karaoke hosts
  • opera principals
  • stage managers.

The Live Performance Award includes labour  hire businesses and their employees in the live performance industry.

The following employees and employers are not covered by the Live Performance Award:

  • models who are photographed and/or models for hairdressers for advertising purposes
  • employers and their employees who work in movie theatres.

How are the hours of work arranged in the Live Performance Award ?

Ordinary hours of work

  • Weekly hours: 38 hours per week, except for the week before opening night or the first public performance, which can be up to 48 hours.
  • Daily hours: Up to 8 hours per day.
  • Workdays: No more than 6 days per week, between 9:00 am and 11:15 pm.
  • Minimum credited time: 2.5 hours for full-length performances or dress rehearsals, 1 hour for performances up to one hour.
  • Rehearsals or extra sessions: Minimum credited time of 2 hours.
  • Employer’s right to lay off employees: Up to 3 weeks within 26 weeks, only for production transfers or by mutual agreement.
  • Payments in broken weeks or transfers: Rehearsal days at 16.7% salary, performances at 12.5% salary; ordinary performance salary for mixed performing/non-performing days in transfers without lay-off time.

Breaks

Employee Type

Meal Break Entitlement

Weekly employees

  • Lunch: 1 hour continuous between 12:00 noon and 3:00 pm
  • Dinner: 1 hour continuous between 5:00 pm and 8:00 pm
  • Supper: 30 minutes between 10:00 pm and 12:00 midnight
  • Breakfast (excluding cleaners): 1 hour continuous between 7:00 am and 9:00 am
  • Breakfast (cleaners): 30 minutes between 8:00 am and 9:00 am
  • Variation possible based on specific work requirements
  • If required to work more than 5 continuous hours without a meal break, payment at 200% of the minimum hourly rate for the missed break
  • During stage production preparation (7 days preceding the opening): payment at 150% of minimum hourly rate (except on Sundays when it’s 250%)

Casual employees

  • Minimum meal break of 30 minutes if working more than 4 hours
  • If required to work more than 5 continuous hours without a meal break, payment at 200% of the minimum hourly rate for the missed break
  • During stage production preparation (7 days preceding the opening): payment at 150% of minimum hourly rate (except on Sundays when it’s 250%)

All employees

  • If required to work more than 5 continuous hours without a meal break, payment at 200% of the minimum hourly rate for the missed break
  • During stage production preparation (7 days preceding the opening): payment at 150% of minimum hourly rate (except on Sundays when it’s 250%)
  • The time that should be allowed as a meal break will not be counted as ordinary hours of work

How are wages and allowances calculated in the Live Performance Award?

Minimum rates

An employer must pay employees the following minimum rates for ordinary hours worked by the employee:

Live Performance employee

Category Minimum weekly rate
(full-time employee)

Minimum hourly rate

Level 1

Production and Support Staff Level 1 (Induction/Training) 859.30$ 22.61$
Level 2 Production and Support Staff Level 2 930.70$

24.49$

Level 3

Production and Support Staff Level 3 976.20$ 25.69$

Level 4

Production and Support Staff Level 4

995.00$ 26.18$
Level 5 Production and Support Staff Level 5 1026.10$

27.00$

Level 6 Production and Support Staff Level 6 1057.40$

27.83$

Level 7

Company Dancer Level 1;
Performer Category 1 Grade 1

1085.60$
Level 8 Company Dancer Level 2;
Production and Support Staff Level 7
1125.20$

29.611$

Level 9

Musician;
Performer Category 1 Grade 2;
Performer Category 2

1140.70$
Level 10 Company Dancer Level 3;
Production and Support Staff Level 8
1164.00$

30.631$

Level 11

Company Dancer Level 4;
Musician required to accompany artists;
Opera Principal
1200.80$

Level 12

Company Dancer Level 5 1241.10$

Level 13

Company Dancer Level 6;
Technical Manager

1286.20$

Level 14 Company Dancer Level 7;
Principal Musician;
Vocalist

1339.60$$

Level 15 Conductor-Leader

1453.70

*For more information about minimum rates, please refer to the complete version of Fair Work.

Overtime and penalty rates

Overtime 

Penalty Rates (% of minimum hourly rate ) 

Weekly Employees 

Rostered Daily Hours (First 2 hours) 150%

Rostered Daily Hours(After 2 hours)

200%

Rostered Day Off (First 4 hours)

150%

Rostered Day Off(After 4 hours)

200%
Weekly Total Hours Exceeded

150%

Part-time Employees

                                                            Exceeding 38 hours (First 2 hours)

150%

Part-time Employees

Exceeding 38 hours(After 2 hours)

200%

Casual Employees

Ordinary Hours

Exceeded (First 2 hours)

175%

Ordinary Hours

Exceeded (After 2 hours)

225%

Weekly Hours

Exceeded (First 4 hours)

175%
Weekly Hours

Exceeded (After 4 hours)

225%

Night Shift

Full-time and Part-time Employees work between 12 midnight and 7 am 200%
Casual Employees Work between 12 midnight and 7 am

225%

Sundays   

Full-time and Part-time employees work on Sundays(Minimum payment for 4 hours)

200%
Casual Employees work on Sundays(Minimum payment for 4 hours)

225%

Allowance

Allowance 

Rate

Expense-related allowances

Reimbursement of expenses

Based on tax invoice and receipt
Use of vehicle allowance

$0.95 per kilometre

Late night transport

Proper transport provided by the employer

Laundry allowance

Weekly and full-time employees

$4.24 per week for blouses and shirts, $11.02 per week for other garments
Other than weekly and full-time employees

$3.40 per day, up to a maximum of $15.35 per week

Expense-related travel allowances

Travel

Actual cost of economy class fare or equivalent
Travel to and from airports

Up to a maximum of $48.31 for transport costs

Accommodation allowance

1 to 4 days

$234.50 per night if not accepting employer-provided accommodation

More than one week

$178.90 per night, up to a maximum of $894.63 per week
Accommodation reimbursement

Reimbursement based on specified weekly limits

Shared accommodation

Provided by employer with written agreement

Meals while travelling

One to 4 days

$32.96 per meal period if not provided with meals
One week or more

Up to a maximum of $334.30 per week or $66.86 per day (in a broken week)

Incidentals allowance while travelling

Up to a maximum of $110.93 per week or $22.19 per day (in a broken week)

Eligibility

Specific circumstances may exempt certain allowances

Transportation of luggage and instruments

Transportation of luggage

Reimbursement for transportation up to a maximum weight of 40 kilograms

Insurance for luggage and instruments

Reimbursement for insurance costs, unless employer provides transport

How is the leave managed in the Live Performance Award?

In the Live Performance Award, leave entitlements for employees are determined by the National Employment Standards (NES) and the classification of the employee.

Annual leave

Annual leave is provided for in the NES.

  • Before annual leave, the employer must pay the employee their regular weekly wage plus a 17.5% loading.
  • If an employee takes annual leave in advance, they are not entitled to the loading. However, if they continue their employment until the date they would have become entitled to annual leave, the loading becomes payable based on the ordinary rate of pay on that day.
  • The loading is not applicable for periods of service less than 12 months.

Public holidays

Public holiday entitlements are provided for in the NES.

  • If an employee’s scheduled time off (rostered time off) falls on a public holiday, they will either be given an extra day off at a mutually agreed time with the employer.
  • Alternatively, the employee may receive an additional day’s pay instead, which should be paid within 7 days of the public holiday.

How can Workstem assist you?

Simplify your payroll process and ensure accurate pay rates with Workstem’s automated payroll system. Our pre-built modern award interpretation software covers 122+ awards and 34 EBAs, and keeps you up-to-date with penalty rates and other award entitlements.

Choose between our Standard and Advanced plans, and enjoy a range of benefits such as Fair Work compliance, an employee self-service App, and customised rule set.

Book a free demo with our payroll experts. Experience the efficiency and accuracy of Workstem today!

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