Variation on the Commission’s own initiative — Amusement, Events and Recreation Award 2020

[2024] FWCFB 386

[2024] FWCFB 386

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s 157—FWC may vary etc. modern awards if necessary to achieve modern awards objective

Variation on the Commission’s own initiative — Amusement, Events and Recreation Award 2020

(AM2024/37)

Amusement, events and recreation industry
DEPUTY PRESIDENT MILLHOUSE DEPUTY PRESIDENT BELL COMMISSIONER FOX	MELBOURNE, 25 SEPTEMBER 2024

Commencement of new matter on the Commission’s own initiative – matter foreshadowed in Final Report of the Modern Awards Review 2023–24 – Amusement, Events and Recreation Award 2020.

1. As foreshadowed in the Modern Awards Review 2023–24 Final Report[1] (Final Report), the Commission is commencing a new matter on its own initiative, pursuant to s 157(3)(a) of the Fair Work Act 2009 (Cth) (Act) to vary the Amusement, Events and Recreation Award 2020[2] (Amusement Award).

1. The background to the Modern Awards Review 2023–24 (Review) is explained in detail in the Final Report at paragraphs [1]–[8] and [160]–[167]. In summary, the Full Bench identified award provisions in six areas which require the Commission’s priority attention. The Final Report indicated that the Commission would initiate proceedings on its own motion in each of these areas. These proceedings comprise one of these six matters and will consider variations to the classification structure and other terms of the Amusement Award to ensure that it clearly and adequately establishes minimum terms and conditions of employment for ‘arts workers.’

1. The issues these proceedings will contemplate are discussed in further detail at paragraphs [22]-[26] of the Final Report. Without repeating those paragraphs here, it was contended by interested parties that the classification structure at Schedule A of the Amusement Award fails to effectively address the work performed by employees engaged as ‘arts workers,’ in terms of their skills and the multidisciplinary nature of creative work. It was contended that this could be rectified by expanding the classification definitions in the award,[3] and to address confusion and systemic non-compliance with the terms of the Amusement Award, its title could be varied.

1. In the Final Report, the Full Bench (at paragraph [24]) observed that:

“… it may be broadly accepted at this preliminary stage that positions such as those set out below, when performed in a museum, gallery or cultural centre, are capable of falling within the Amusement Award but may not be clearly identifiable as covered by the award’s classification definitions:

(a)access coordinator;

(b)advisor;

(c)registrar;

(d)exhibition/collections employee;

(e)conservator;

(f)educator and public programs officer;

(g)first nations art centre employee;

(h)front of house/visitor service;

(i)gallery assistant/attendant;

(j)gallery technician/installer;

(k)studio assistant or coordinator.”

1. The Full Bench (at paragraph [26]) further expressed that:

“It may provisionally be accepted that the submissions advanced concerning arts workers demonstrates a need for improved clarity in the classification structure in Schedule A of the Amusement Award. There may also be a need to review the terms of this award, including its title and terminology, to aid understanding that it is intended to set minimum terms and conditions for ‘arts workers’ in the sense discussed above.”

Provisional list of issues to be considered

1. The following provisional list of issues arise for consideration in this matter:

(1) Changes to the classification structure at Schedule A of the Amusement Award to more clearly identify the roles of ‘arts workers’, set out at [4] above and discussed at [22]-[26] of the Final Report.

(2)   Changing the title and terminology of the Amusement Award to address confusion and systemic non-compliance and to explicitly recognise art as work.

Next steps

1. At the outset it is necessary to (a) confirm the scope of the matters to be considered in these proceedings having regard to the provisional views of the Full Bench as set out at paragraphs [4] to [6] above, and (b) set the timetable. Following the determination of these preliminary steps, interested parties will be provided the opportunity to file proposals on any specific award variations, and then to respond to those proposals.

1. Having regard to paragraph [7](a) above, if interested parties wish to address the provisional views of the Full Bench as to the scope of matters to be considered in these proceedings, written submissions should be filed by 4:00 pm on Wednesday 16 October 2024 and sent to [email protected] where they will be published on the Commission’s major cases page.

1. A case management hearing before Deputy President Millhouse is listed in person in Melbourne at 2:00 pm on Wednesday 30 October 2024 to hear any oral submissions filed pursuant to paragraph [8] above and to further timetable the matter. Parties interested in attending the case management hearing should email [email protected] by Wednesday 23 October 2024 to advise whether they will attend the hearing in person or wish to request to attend by video link using Microsoft Teams. A Notice of Listing is published with this statement.

DEPUTY PRESIDENT

[1] Fair Work Commission, Modern Awards Review 2023–24 (Final Report, 18 July 2024).

[2] MA000080.

[3] Creative Australia submission (4 December 2023) [2.5] and [2.6]; NAVA submission (4 December 2023).

Printed by authority of the Commonwealth Government Printer

<MA000080  PR779594>