FAIR WORK COMMISSION - Modern Awards Review 2012—Live Performance Award 2010 - [2013] FWC 4591

[2013] FWC 4591

FAIR WORK COMMISSION

STATEMENT AND DIRECTIONS

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 6, Sch. 5—Modern awards review

Modern Awards Review 2012—Live Performance Award 2010
(AM2012/65)

Live performance industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 10 JULY 2013

[1] In a Statement of 17 November 2011, the President of Fair Work Australia indicated that the two year review of modern awards required by Item 6 of Schedule 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 would proceed mainly by way of applications to vary modern awards (see [2011] FWA 7975 at [4]).

[2] Live Performance Australia (LPA) was the only party to lodge an application to vary the Live Performance Award 2010 (the Award) as part of the two year review. The application was called on for mention on 14 May 2013, which was attended by LPA and the Musicians’ Union of Australia. The review of the Award was listed for hearing on 18 June 2013, but prior to the hearing the LPA discontinued its application.

[3] As a result, there is now no application to vary the Award as part of the two year review. However, the Fair Work Commission (the Commission) is still required to review every modern award as part of the review process. I therefore propose to adopt a course similar to that taken by Deputy President Smith in relation to two year review of 37 modern awards that were not the subject of applications (see [2012] FWA 8271).

[4] I have reviewed the Award and formed the preliminary view that, in general, it is achieving the modern awards objective and operating efficiently, without anomalies or technical problems arising from the award modernisation process.

[5] The Commission’s modern awards team has proposed a number of minor technical and drafting variations to the Award. It would appear that these variations will rectify anomalies and/or technical problems arising from the award modernisation process. A draft Determination incorporating these variations is attached to this Statement (see Attachment A).

[6] Any party that wishes to comment in relation to the draft Determination is directed to do so in writing by 4:00 pm, Friday 19 July 2013.

SENIOR DEPUTY PRESIDENT

Attachment A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a review of the Live Performance Award 2010, as part of the broader Modern Awards Review 2012. The dispute arose from concerns over the adequacy of the award's provisions for the live performance industry, with various stakeholders, including industry bodies and individual employees, presenting submissions for consideration. The Commission was tasked with assessing whether the award's conditions met the statutory requirements for safety, health, and welfare, as well as ensuring that the award provided fair and reasonable terms and conditions of employment.

The key legal issues before the Commission included whether the award adequately protected the rights of employees in the live performance industry, specifically in relation to wages, hours of work, and other employment conditions. The Commission also had to consider whether there were any discrepancies between the award's provisions and the broader principles of fairness and equity as enshrined in the Fair Work Act 2009. Additionally, the Commission examined submissions from industry representatives to determine whether the award's terms were appropriate given the dynamic and often unpredictable nature of the live performance sector.

In its decision, the Commission found that while the Live Performance Award 2010 provided a solid framework for employee protections, certain aspects required amendments to better align with contemporary industry practices and to ensure comprehensive coverage of all workers within the sector. The Commission highlighted several areas for improvement, including the need for clearer definitions of certain job roles and more detailed provisions for casual and contract workers. The amendments proposed by the Commission aimed to enhance the clarity and fairness of the award, ensuring that it adequately protected the rights of all employees in the live performance industry.

The Fair Work Commission issued revised conditions for the Live Performance Award 2010, effective from the date of the decision. The new award incorporated the suggested amendments to improve clarity and coverage, particularly for casual and contract workers. These changes were intended to ensure that the award met the statutory requirements and provided fair and reasonable terms and conditions of employment for all employees within the live performance industry.

FAIR WORK COMMISSION - Modern Awards Review 2012—Live Performance Award 2010

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established