Australian Entertainment Industry Association t/a Live Performance Australia
[2022] FWCFB 20
•7 MARCH 2022
| [2022] FWCFB 20 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.160—Variation of modern award
Australian Entertainment Industry Association t/a Live Performance Australia
(AM2021/78)
| VICE PRESIDENT HATCHER | SYDNEY, 7 MARCH 2022 |
Application to vary a modern award to remove ambiguity or uncertainty or correct error – Live Performance Award 2020 – final determination issued
On 20 September 2021, the Australian Entertainment Industry Association, a registered organisation of employers which operates under the name “Live Performance Australia” (LPA) made an application pursuant to s 160 of the Fair Work Act 2009 (FW Act) to vary the Live Performance Award 2020 (Award). The application sought to vary the Award by resolving ambiguities relevant to two matters: first, the rate of pay for casual employees on Sundays and public holidays, and second, the application of provisions concerning meal allowances and incidentals allowances for employees when travelling.
In a decision issued on 15 February 2022[1] (February decision), we expressed a provisional view that the Award was ambiguous in the respects identified in LPA’s application, that an amended draft determination prepared by the parties on 15 November 2021 (with some minor drafting adjustments) would appropriately resolve these ambiguities and that it was necessary to make these variations in order to achieve the modern awards objective in s 134(1) of the FW Act. We also expressed a provisional view that it was necessary to vary the Award in two further respects, and that these variations were also necessary to achieve the modern awards objective:
(1)That clause 21.4 of the Award (rates of pay for musicians on public holidays) be varied to clarify that the public holiday rate for casual musicians is inclusive of the 25% casual loading; and
(2)That an additional variation to clause 57.3 be made to remove the expression “appropriate per hour rate” and to clarify that the clause concerns the ordinary-time rate of pay for casual employees.
A draft determination reflecting these proposed variations was published with the February decision. Interested parties were provided 14 days from the date of the February decision to file any submissions in response to the provisional views. No submissions were received from any parties.
We confirm our provisional views as expressed in the February decision. A final variation determination in the same terms as the draft determination will be published with this decision and will operate from 14 March 2022.
VICE PRESIDENT
[1] [2022] FWCFB 9
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