Variation on the Commission’s own initiative — Live Performance Award 2020

[2024] FWCFB 387

[2024] FWCFB 387

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s 160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

Variation on the Commission’s own initiative — Live Performance Award 2020

(AM2024/38)

Live performance 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 – Live Performance 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 to rectify deficiencies identified in the Live Performance Award 2020[2] (Live Performance Award).

1. The background to the Modern Awards Review 2023-24[3] is explained in detail at [1]–[8] and [160]–[167] of the Final Report. 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 commence proceedings on its own initiative in each of these areas. These proceedings comprise one of the six matters.

1. The variations to the Live Performance Award under consideration in this matter were the subject of consensus amongst, principally, Live Performance Australia, the Media, Entertainment and Arts Alliance and Theatre Network Australia, during the consultation phase of the Review. The proposed variations to the Live Performance Award agreed to by those parties are described at paragraphs [35]-[40] of the Final Report. The variations are also set out at Attachment A to this Statement.

1. Section 160 of the Fair Work Act 2009 (Cth) (Act) empowers the Commission to make a determination varying a modern award to remove an ambiguity or uncertainty or to correct an error. As the proposed variations address drafting errors and ambiguity within the Live Performance Award, this matter has been initiated pursuant to s 160 of the Act.

Next steps

1. The Commission notes that although this matter has been initiated on the basis of consent positions arrived at by the parties identified above, other interested parties are invited to participate. Any interested parties must file written submissions on the proposed variations set out at Attachment A by 4:00 pm Wednesday 23 October 2024. Parties should also include in their submissions any requests for an oral hearing. Submissions are to be sent to [email protected].

1. Unless an oral hearing is requested, the Commission intends to determine this matter on the papers.

DEPUTY PRESIDENT

Attachment A

Proposed changes to the Live Performance Award 2020.

No.	Clause
1.	41.2(f)(vi)	The provisions of clause 41.2(f) of this Award shall not apply to an archival and/or reference recording as defined.
2.	A.2.1(c)(vii)	basic keyboard computer skills;
3.	A.3.1(c)(x)	intermediate keyboard computer and administrative skills;
4.	A.3.1(d)(i)	Accounts Clerk Administrator
5.	A.3.1(d)(ii)	Administrative Assistant
6.	A.3.1(d)(iii)(iv)	Booking Clerk Administrator
7.	A.3.1(d)(vi)(vii)	Dispatch Clerk Administrator
8.	A.4.1(b)	An employee at this level performs work above and beyond the skills of an employee at Level 4 Level 3 and to the level of the employees’ training:
9.	A.4.1(c)(x)	superior keyboard computer and administrative skills;
10.	A.4.1(d)(i)	Accounts Clerks Administrator
11.	A.4.1(d)(iv)	Scheduling/Rostering Clerk Administrator
12.	A.5.1(b)(iii)	exercises keyboard computer and administrative skills at a higher level than Level 4;
13.	A.5.1(d)(iii)	Chaperone
14.	A.6.1(b) (vi)	exercises keyboard computer and administrative skill at a higher level than Level 5.
15.	A.6.1(d)(iv)	Junior/Associate Arts Programmer

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

[2] MA000081.

[3] Submission - Proposed variations to the Live Performance Award 2020 (fwc.gov.au).

Printed by authority of the Commonwealth Government Printer

<MA000081  PR779595>