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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
In accordance with Section 33(2) of the Industrial Relations Act 1984, the President, in his Reasons for Decision in this matter dated 18 September 1987, declared -
10. Balancing officers of music employed as an integral part of a band or orchestra of performers (provided that sound mixers who are not employed as an integral part of a band or orchestra of performers, sound engineers, sound recordists, road crews, stage managers and lighting supervisors shall not be deemed to be persons carrying out musical services and subject to any award to be made)." Consequential to the above decision, proceedings for the making of the "Musicians Award" (the Award) commenced and were finalised on 7 December 1987. Mr Cushion appearing for the Musicians' Union of Australia, Hobart Branch, addressed the Commission in respect of the provisions contained in the proposed award; which in the main reflect the existing provisions contained in Division C of the Entertainment Award together with an updating of the Special Allowances and other allowances provided therein. The updating of various allowances is necessary because of previous omissions from the Entertainment Award. Accordingly, the amounts now contained in the new award reflect those in the Federal Musicians General Award, which Division C of the Entertainment Award was intended to mirror. The adjustment of the allowances, in the circumstances referred to, does no violence to the Wage Fixing Principles. On an aside, although of relevance, is that in other proceedings1 before this Commission, the Entertainment Award is being recast. Part of that particular exercise is the deletion of references to appropriate Federal awards in favour of the inclusion of those specific award provisions in the Entertainment Award. In the process of unravelling the Entertainment Award, it became clear that Division C - Musicians should be deleted, a position able to be achieved following the Section 33(2) declaration of the President, and the subsequent proceedings for the making of an occupational award. Having regard to the foregoing, Clause 5 - Supersession and Savings of the Musicians Award provides for the deletion of Division C - Musicians from the Entertainment Award. This will obviate the need for Mr Cushion to seek the deletion of that division on resumption of matter T.686 of 1987. Likewise, reference to the Musicians' Union of Australia, Hobart Branch, will be deleted from Clause 6 - Parties and Persons Bound, of the Entertainment Award. Some comment is required in respect of the provisions of Clause l0A - Specialty Entertainment. In relation to the drafting of the new award document Mr Cushion requested that Specialty Entertainment be given the status of a separate clause in the award. Mr Fitzgerald, appearing for the TCI, also supported the award document proposed by Mr Cushion. It is to be acknowledged that Mr Fitzgerald strongly advocated and supported the making of an occupational award for musicians. This exercise now concluded by Commission endorsement of the Musicians Award, should also make the remaining task of streamlining the Entertainment Award less complex. Attached to this decision is the new Musicians Award and a consolidation of the Entertainment Award (Correction Order) with Division C deleted from it. Both awards are operative from the beginning of the first full pay period to commence on or after the date of this decision.
R.K. Gozzi 1 T.686 of 1987 |
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