Chamber of Commerce Northern Territory

[2010] FWA 2425

[2010] FWA 2425

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.160—application to vary modern award

Chamber of Commerce Northern Territory
(AM2010/29)

LIVE PERFORMANCE AWARD 2010
(ODN AM2008/35) [MA000081]

Entertainment and broadcasting industry (other than Racing)
COMMISSIONER DEEGAN	CANBERRA, 24 MARCH 2010

[1] This decision concerns an application by the Chamber of Commerce Northern Territory (CCNT) to vary the Live Performance Award 2010 (the award or the modern award) to clarify the adjustment mechanism applicable to the allowance set out in clause 31.2 of the award.

[2] Currently clause 31.2 of the award sets the allowance for employees required to provide their own music. The allowance is set as a percentage of the standard rate paid either weekly or per call. Normally an allowance set by reference to the standard rate would increase in line with increases to that rate. However, clause 31.9 (b) of the award provides for the “supply of music allowance” in clause 31.2 to be adjusted in line with an applicable CPI index (the household appliances, utensils and tools sub-group).

[3] The supply of music allowance should either be expressed as a percentage of the standard rate and adjusted in line with increases to the standard rate or expressed as a dollar amount and adjusted in line with increases to the applicable CPI figure.

[4] The CCNT suggests that the reference to the “supply of music allowance” in clause 31.9(b) should be deleted and that allowance adjusted in line with increases to the standard rate.

[5] By letter of 22 March 2010 the Australian Entertainment Industry Association (trading as Live Performance Australia) supported the CCNT application.

[6] The application to vary was listed for consultation on 23 March 2010. The only appearance at the consultation was by the applicant, the CCNT.

[7] I am satisfied that there is an ambiguity in the award which should be removed. The variation sought by the CCNT to correct the ambiguity in the award is supported by the main employer organisation involved in the industry covered by the award. No other organisation or person has objected to the application made by the CCNT. I will, therefore, vary the award as sought in the application.

COMMISSIONER

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<Price code A, MA000081  PR995411>