T2863
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Musicians Union of Australia and The Tasmanian Confederation of Industries MUSICIANS AWARD
Wage Rates - State Wage November 1989 - Structural Efficiency Principle Second Stage REASONS FOR DECISION In this matter the Musicians Union of Australia, Hobart Branch (the Union) sought the variation of the Musicians Award to give effect to the second instalment structural efficiency adjustment. The matter was before the Commission by consent, with some proposed variations reflecting those made to the federal Musicians General Award, 1971. Some of the structural efficiency initiatives which have been imported from the federal award include provisions for Award Modernisation which will result in the establishment of a joint working party comprising the Union and the Tasmanian Confederation of Industries. Whilst I would have preferred the initiatives comprehended in that clause to have been tabled in this matter in support of the increase in rates of pay, I recognise that this award only has minimal application and accordingly I am influenced not to pursue outcomes different to those endorsed by the Australian Industrial Relations Commission. That is not to say that the State award is a mirror of the Federal award. It is not. However it is very much a "residual" award with the principal areas relating to entertainment subject to federal awards. With regard to the minimum rates adjustment Mr Cushion agreed that this matter should be considered only after an appropriate Tasmanian survey has been conducted. It was my intention to stand this part of the application over to April 1991 for further consideration. However, on reflection, my preferred course is to request the Union to lodge an appropriate application on completion of the survey for the minimum rates adjustment. On receipt of that application the matter will then be listed for hearing and determination. Accordingly, as no minimum rates adjustment has been affected in this decision, leave reserved is granted to the Union on this issue. An innovation in this award, not contained in the federal award concerns a provision for "Support Acts". Mr Cushion said that the proposed clause will "permit employers to engage a support act, for what is known as a "1 hour set" where they are required to perform prior to the major act of the night"1. The thrust of the provision is to put in place an award requirement that supporting acts obtain a reasonable fee for their services. At present according to Mr Cushion, young musicians are offered as little as $30 each to perform and they also have to provide their own PA and lighting. Mr Cushion requested the Commission to assist by regulating the employment of supporting acts in the following manner: (a) The musician is billed as support entertainment to a major act (b) The contracted playing time does not exceed one forty-five minute call (total attendance time not to exceed 1 1/4 hours) (c) All lights, public address system etc. are provided and set up for the musician(s) call at no charge (d) The major act is not imported. For future reference it should be noted that the rate for support acts of $50 per person is derived from the hourly casual rate multiplied by a factor of 3 representing the minimum hiring rate. That calculation has been rounded off by the parties to $50. An annual review is proposed which will of course have to meet the requirements of the Wage Fixing Principles extant at any particular time. Also, where a major act is imported the "Specialty Entertainment" provisions of the award will continue to have application (clause 24). In this matter the parties also requested the Commission to endorse an "Occupational Superannuation" clause for inclusion in the award. The proposed clause satisfies the requirements of the Commonwealth Operational Standards for Occupational Superannuation Funds, and is approved. As indicated to the parties the award variations requested to be made will operate from 8 February 1991. That date will facilitate the issue of appropriate documentation to members of the Union and The Tasmanian Confederation of Industries subject to this award. The order is attached.
R.K. Gozzi Appearances: Date and place of hearing: 1 Transcript p.8
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