Performing arts
Common issues
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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
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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.