Award Modernisation - Media, Entertainment and Arts Alliance

Award Modernisation 

Friday, 11 September 2009 

Award modernisation: How it will affect you 

Introduction 

Role of modern awards 

Contents of modern awards 

Journalists Published Media Award 

Live Performance Award 

Broadcasting and Recorded Entertainment Award 

Award Summaries 

Introduction 

On 4 September the AIRC made a further 49 modern awards, these included 3 important Alliance 

awards, which will continue to underpin collective bargaining in the vast majority of areas where Alliance 

members are employed. These awards are: 




In addition, the AIRC also made the: Book Industry Award, Sporting Organisations Award and the 

Amusement, Events and Recreation Award. These six awards plus the Racing Clubs Events Award, 

made late last year, are currently the awards under which Alliance members will be employed. There will 

be a final set of modern awards later this year which will include further relevant awards for members. 

Role of Modern Awards 

For Alliance members, modern awards will perform one of three distinct functions. 

For the majority of members, modern awards will underpin collective bargaining, just as our existing 

awards do now. The difference is that any agreement will be subject to the “BOOT” test “Better Off 

Overall” against the modern award. The BOOT comes into operation on 1 January 2010, until then the 

existing no disadvantage test continues to operate. 

For the second and much smaller group of Alliance members, modern awards will replace existing 

awards from 1 January 2010 in establishing minimum rates of pay and working conditions for members 

who are award dependent. 

For the final group of Alliance members, that is those currently award-free, they will have their safety net 

set by the modern award. This group includes a number of members employed on various websites. 

Authorised by Chris Warren, Federal Secretary 

Web: http://www.alliance.org.au | Email: mail@alliance.org.au | Phone: Alliance Inquiry Desk: 1300 656 512

Contents of Modern Awards 

Our approach to award modernisation was not to regard this as an opportunity to renegotiate the terms of 

existing awards, but to maintain, as much as the legislation permitted, existing provisions. To a large 

extent, following discussions with employers and their representatives, employers adopted a similar 

position. As a result, the three major modern awards largely reflect existing terms, however, there are 

some important differences. 


“This award covers employers throughout Australia in the published media industry with respect to their 

employees engaged in journalism in its literary, artistic and photographic branches and/or the gathering, 

writing or preparing of news matter or commentaries, and their employees in the classifications listed in 

clause 13 – . magazines, periodicals, journals and online publications, and the provision of wire services. 

“Editorial employees” include reporters, writers, photographers, sub-editors, cartoonists, artists, video 

journalists, moderators of blogs on news websites, editorial content producers for online publications, 

chiefs of staff, picture editors, designers and production managers. 

Rates of pay – the award has a 13 grade structure which equates to 10 grade structure in News, Fairfax, 

AAP, Pacific Publications awards. Schedule A to the award sets out the translation table for the various 

existing awards to the new structure. The minimum rates of pay are identical to the rates in the 

metropolitan dailies awards, ranging from $698.20 per week for a Grade 1 to $1351.30 per week for a 

Grade 13 (MDN Grade 10). The other awards slot in at various levels, however, their maximum levels are 

less than 13 and reflect existing rates. The 3 Band structure is continued with existing definitions. 

Allowances – in the main existing allowances continue, in particular, meals, transfers, clothing, air travel, 

spectacles, special risks insurance and use of office vehicles. 

Higher Duties – the award establishes a higher duties payment in the following terms: “When an 

employee is called upon to do the work of another in a higher position or award level for more than two 

weeks they will be paid the higher rate as prescribed in clause 14 – Minimum wages.” 

Casuals – the AIRC has established a standard casual provision for all modern awards where the casual 

rate has a 25% loading of the relevant classification rate with a minimum engagement or payment of four 

hours. This is the case here. 

Hours of Work – the modern award picks up the existing provisions concerning the methods of working 

the 38 hour week, except for currently award-free employees. Distant engagement provisions continue for 

those areas currently entitled to it. 

Shift Penalties and Overtime – Shift penalties remain as is and overtime is based on the News Limited 

Metropolitan Newspapers Award provisions, that is, the preference is for overtime, other than a sixth shift, 

to be compensated as time off in lieu. If TOIL cannot be given off within 12 months or there is untaken 

TOIL when an employee’s employment terminates, overtime will be paid out at the appropriate rate. All 

time worked on a day off will be paid at double time, with a minimum payment of four hours. 

Annual leave – Annual leave of 6 weeks and 3 days or 6 weeks continues, provided that where the 

employer gives the employee at least 14 days notice that they will not have to work on a public holiday, 

other than Good Friday or Christmas Day, “that day will be deemed to be taken as an annual leave day.” 

Annual leave loading of 17.5% continues to be paid. The award allows an employer to direct an employee 

to take annual leave by the giving of 8 weeks notice, following discussions. An employer is also given the 

right to have an annual close-down by the giving of not less than four weeks notice. 

Other Forms of Leave and Public Holidays – The Award makes it clear that the National Employment 

Standards govern these areas, with the ability of employees by agreement to substitute alternative days 

for prescribed public holidays. 




The Full Bench said at paragraph 94 of its 4 September decision: 

“The award contains a number of provisions that were not in the exposure draft. These were largely 

agreed between the parties who contributed to the modernisation process. While we still hold concerns 

that a number of those provisions are not suitable for inclusion in a modern award, in light of the 

agreement between the the employers and the employee representatives we have decided to give effect 

to their views.” 

The award covers employees currently bound by a number of awards in a range of classifications. It says: 

“This industry award covers employers throughout Australia in the live performance industry and their 

employees in the classifications set out in this award to the exclusion of any other modern award.” 

“Live performance industry” means producing, including pre-production and post-production, staging, 

lighting, audio and audio/visual, presenting, performing, administration, programming, workshops, set and 

prop manufacture, or otherwise undertaking live theatrical, performance art, operatic, orchestral, dance, 

erotic, variety, revue, comedy, multi-media, choral, or musical performances, productions, presentations, 

workshops, rehearsals or concerts, including the provision, sale, service or preparation of food or drink 

and also including selling tickets by any means, for or in or in connection with any such performances, 

productions, presentations, workshops, rehearsals or concerts, and including the operation of venues or 

other facilities, whether permanent or temporary, utilised for such performances, productions, 

presentations, workshops, rehearsals or concerts are performed or presented in the presence of an 

audience, or are recorded by any means 

The award contains a number of general provisions applicable to all employees and then specific 

provisions applicable to: performers and company dancers, musicians, striptease artists and production 

and support staff. 

The award has a 15 level classification structure with rates ranging from $543.90 per week for a 

production and support staff employee in their first 6 weeks of employment to $943.40 per week for a 

conductor-leader. Schedule A to the award sets out definitions and indicative classifications for the 15 

levels. 

Most existing allowances for all classifications have been retained, in particular, the existing travel 

allowance has been retained. 

Overtime and penalty rates and matters relating to hours of work are dealt with on a classification by 

classification basis. Contrary to this, all forms of leave are dealt on an across-the-board basis. It is 

essential that all industrial staff ensure that they check both the general provisions and classificationspecific 

provisions before determining what minimum conditions apply to specific classifications. 

The award currently runs to some 47 clauses and 4 schedules over 74 pages. The final version will be 

longer, once the National Training Wage provisions are settled and once transitional provisions are 

included. 




If staff thought the Live Performance Award was complicated, then this award is the gold standard in size 

and detail. As it stands it runs to 78 clauses and 8 schedules over 149 pages. The first 26 clauses are of 

general applicability and then there are specific provisions for: television, commercial radio, journalists, 

cinemas, actors, musicians and motion picture production. 

In its 4 September decision the AIRC explained that like the exposure draft, the modern award does not 

contain provisions relating to motion picture laboratories nor film and television distribution. In relation to 

film and television distribution, they say “this area could more adequately be dealt with through the clerical 

and administrative and warehousing and storage industries.” If we wish to keep them as specialized area, 

we can make a variation application. The Bench said if we wish to keep laboratories then we could do the 

same thing. It pointed out these classifications were inserted in 1978 without descriptors and “appear 

archaic”. 

It also said that in relation to actors and motion picture production staff, the award contains a number of 

provisions not in the exposure draft. This was due our “strong submissions for the retention of provisions 

of the current awards which, to us, appear out of place in a modern award. However, as no other parties 

made any representations to exclude them, we have decided to include many of the provisions sought by 

the MEAA.” 

Journalists rates for television and commercial radio are taken from the existing Journalists (Television) 

Award. “The television scale is very similar to the scale found in the Journalists Published Media Award 

2010 and is, in our view, the more appropriate scale.” 

Rates for commercial radio based on audience population have been abolished. 

Coverage is as follows: 

“This award covers employers throughout Australia in the broadcasting and recorded entertainment 

industry and their employees in the classifications set out in this award to the exclusion of any other 

modern award.” 

broadcasting and recorded entertainment industry means the production (including pre-production 

and post-production), broadcasting, distribution, showing, making available, and/or sale of audio and 

audio/visual content including but not limited to feature films, television programs (including series, 

serials, telemovies and mini-series), news, current affairs, sport, documentaries, video clips, digital video 

discs, television commercials, training films and the like whether for television exhibition, theatrical 

exhibition, sale to the public, digital media release or release in any other medium. 

Again this award protects the safety net for members engaged in this industry and also provides a more 

than suitable floor for enterprise bargaining. 

Award Summaries 

Modern awards commence on 1 January 2010. The modern awards published to date will be varied 

between now and then to include a number of provisions, for example, transitional provisions and terms of 

the national training wage. Summaries will be issued as soon as possible, on the proviso, that they will be 

altered if and when variations are made to them by the AIRC.

Award Modernisation - Media, Entertainment and Arts Alliance

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