Performing arts Common issues 36 The current equity minimum rates of pay for performers can be viewed on the MEAA website at <www.alliance.org.au>. These include information about annual salaries, hourly rates of pay and rates for rehearsal, screen tests and extra work. The new rules The Australian Fair Pay and Conditions Standard (the Standard) sets out the minimum wages and conditions of employment that apply to employees in the Australian Government’s WorkChoices system. If you are a freelance performer, engaging a good agent is one way to get help with representation and advice on these employment issues. These minimum conditions of employment are: • minimum wage of $511.86 per week • a maximum of 38 ordinary hours of work per week, to be averaged over 12 months plus ‘reasonable overtime’ • four weeks of paid annual leave (with an additional week for shift workers) • 10 days of paid personal/carer’s leave (including sick leave and carer’s leave), with provision for an additional two days of unpaid carer’s leave per occasion and an additional two days of paid compassionate leave per occasion • 52 weeks of unpaid parental leave (including maternity, paternity and adoption leave). The MEAA can provide a list of all current agents for each state and territory. Performers should be familiar with the rates of pay and conditions for their skills and level of experience. A contract for performance in Australia should meet the standards for pay and conditions as set out in the current equity awards and enterprise agreements. For more information, contact the state equity organiser or the national enquiry desk on 1300 656 512. Do not sign anything before you make sure that it is fair remuneration for your work. Tax Freelance performers should make sure that their tax obligations are up to date. You can check with the Australian Taxation Office on 13 28 61 or visit <www.ato.gov.au>. It is also important to consider whether you need to register for an Australian Business Number (ABN). You can apply for an ABN online through the Australian Business Register at <www.abr.gov.au>. WorkChoices In 2006 the Australian Government introduced legislation97 that fundamentally altered the way award wages and conditions are set and managed. Instead of the old award rates, wages and conditions are governed by contracts called Australian Workplace Agreements (AWAs) between employers and employees based partly on the Australian Fair Pay and Conditions Standard. These conditions together with preserved Australian Pay and Classification Scales (APCS) and wages set by the Australian Fair Pay Commission (Fair Pay Commission) make up the Standard.98 These laws also change the ways in which employees and contractors are treated. There are also changes to unfair dismissal laws. There are now many situations in which unfair dismissal laws do not apply. For example, employers who employ up to 100 workers are exempt from unfair dismissal laws. Employees who are seasonal workers, engaged under a contract of employment for a specified period or a specified task, on probation, casual employees engaged for a short period, trainees, earning more than $98,200 or who are dismissed for a genuine operational reason are not allowed to pursue an unfair dismissal claim. Genuine operational reasons include economic, technological, structural or similar matters relating to the employer’s business.99 Performing arts Common issues For up-to-date information, visit the MEAA100 website. MEAA provides its members with support on employment issues. The Arts Law Centre of Australia can also review employment contracts. However, performers can still be covered by the Industry Standard Agreements and awards. Residuals Residuals are amounts of money which may be paid to performers for future uses of recordings of their work, such as repeats of television shows and commercials. Residuals will only be paid for future uses of works when it is a term of the agreement between the actor and producer. If the agreement includes payment of residuals, they will be distributed by MEAA at the end of each quarter to performers who are alliance members. It is important to check any agreements before signing them. In 2006, $2.95 million was distributed to MEAA members as residual payments for film and television work.101 Negotiating appropriate conditions for performance of Indigenous works can be difficult. Event coordinator Waiata Telfer notes: I had an ordeal in negotiating the rate of pay for people performing their traditional dance. The assumption was that Aboriginal people performing traditional dances did not rely on this as their mode of employment (bread and butter) and wouldn’t have to go through high level training to attain the knowledge to dance, and therefore weren��t deemed as important to pay as say an opera singer for the same amount of time.102 Not all performers wish to be paid at the award rate. Some Indigenous people suggest that the award rate does not include recognition of the nature of Indigenous performance. It was suggested that rates of pay should include an amount that recognises the additional cultural element in Indigenous performance.103 37 Royalties Royalties are payments made to copyright owners and performers for the use of their work. The amount of money paid as a royalty will generally be set by the employer or by agreement. Check this amount against standard industry practice and also consider the inclusion of royalties in recognition of the cultural contribution to any performance or event. Festival performances It is really important to use good protocols at festivals because we are taking the traditional forms into contemporary settings. The Dreaming Festival is setting a benchmark for Indigenous authenticity, authorship and control. Rhoda Roberts104 A number of Indigenous groups have developed protocols for engaging contributors and participants for festivals. Please check the First Nations Status application process for The Dreaming Festival,105 in the dance section of this guide. The right to record performances at festivals, and to use that recording later, is another important issue for Indigenous performers. Copyright in the recording will generally belong to the company or individual who makes the recording. Performers whose work is recorded do not share in the copyright, but the owner is required to gain permission from the performer for any future use of the recording. For example, the performer will generally be given a contract that provides for a set portion of the performance to be recorded and used once for a fee. Case study: The Garma Festival The Garma Festival sets out a number of different protocols for the conduct of visitors and participants. These include a process for seeking permission to photograph or record the festival.

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