There is no protection for “sub contract" musicians under the new Australian Federal Government industrial relations system called “Work Choices" or by the NSW Office of Industrial Relations.
It is common knowledge in the entertainment industry that some musicians and entertainers are prepared to work for a pittance just for the opportunity to perform their music. Some entertainment venues do exploit this fact. This practice has a marked effect on the industry, in that, it is unlikely that many upcoming young musicians that are entering the industry can realistically expect to earn a living playing music, or at the least, expect a reasonable fee for their talents and skill. The entertainment industry itself may be degraded by the fact that a musician or entertainer may be employed because of their price and not because of their abilities.
Quality musicians and entertainers take many years to studiously develop their skills, particularly if they wish to work in professional dance orchestras, yet they are afforded less protection that a bar tender or a door man in a similar workplace. It is highly unlikely that an entertainment venue such as RSL or Leagues club could employ a bar tender and pay them less than the award, not so for a musician or entertainer, they can be exploited by accepting employment as “sub contractors" and, as such, are not covered by an award and are not protected by the new Federal Government “work choices".
Over the last decade, The Federal Liberal Government has pressed for an environment of less union intervention so the Musicians Union has become virtually irrelevant for enforcing awards.
The writer recently approached this problem by providing evidence to The Office of Workplace Services about an orchestra of 18 musicians that were working at a well known RSL club for a fee of about 45% below the award for 4 years, later their situation was improved to the extent that they are now providing their services for the last two years at 35% less than the award and not receiving any other entitlements that may be applicable, principals fees, travelling etc.
This is the reply (in part) from the Australian Government Office of Workplace Services dated 29th June 2006... “the applicable award was the NSW State award--The Musicians (Live Performance) State Consolidated Award... It is the NSW State Department that is responsible for enforcing NSW State awards and Industrial Legislation". No action was taken in respect of the complaint about the continuing employment of the orchestra at the Club and paying them less than the award fees.
The writer contacted The NSW Department of Commerce (Office of Industrial Relations) and on the 23rd June 2006 was told by a compliance officer that “the Department would take no action about workers receiving under award payments if the 18 musicians were, and are still engaged as sub contractors."
Other Issues to consider:
The 18 musicians/sub contractors that have regularly worked at the Club for the last 6 years are unable to obtain Workers Compensation Insurance as they are “Sole traders". It is suspected the Club saves on their own Workers Compensation Insurance premiums based upon what they pay the musicians/sub contractors, not the award. It is unlikely the musician/sub contractor would be paid adequate compensation in the event of a claim.
The Club pays the 18 musicians/sub contractors in cash with pay slips and no receipts/invoices provided other than a hobby declaration provided by the musicians/sub contractor at the outset of the employment arrangement. The Club would not incur any tax liability, the musicians would not be counted as relevant for assessing payroll tax and the Club would not be required to issue pay slips. The musician/sub contractor would be solely responsible for declaring his or her own tax liabilities.
There you have it, as far as the new Australian Government “Work Choices" are concerned, the RSL Club can continue to employ 18 musicians who have regularly performed at the Club for last 6 years for less than the award. Also, they may be inadequately insured for Workers Compensation, simply by offering the willing musicians and entertainers employment opportunities as “Sub contractors".
It is common knowledge in the entertainment industry that some musicians and entertainers are prepared to work for a pittance just for the opportunity to perform their music. Some entertainment venues do exploit this fact. This practice has a marked effect on the industry, in that, it is unlikely that many upcoming young musicians that are entering the industry can realistically expect to earn a living playing music, or at the least, expect a reasonable fee for their talents and skill. The entertainment industry itself may be degraded by the fact that a musician or entertainer may be employed because of their price and not because of their abilities.
Quality musicians and entertainers take many years to studiously develop their skills, particularly if they wish to work in professional dance orchestras, yet they are afforded less protection that a bar tender or a door man in a similar workplace. It is highly unlikely that an entertainment venue such as RSL or Leagues club could employ a bar tender and pay them less than the award, not so for a musician or entertainer, they can be exploited by accepting employment as “sub contractors" and, as such, are not covered by an award and are not protected by the new Federal Government “work choices".
Over the last decade, The Federal Liberal Government has pressed for an environment of less union intervention so the Musicians Union has become virtually irrelevant for enforcing awards.
The writer recently approached this problem by providing evidence to The Office of Workplace Services about an orchestra of 18 musicians that were working at a well known RSL club for a fee of about 45% below the award for 4 years, later their situation was improved to the extent that they are now providing their services for the last two years at 35% less than the award and not receiving any other entitlements that may be applicable, principals fees, travelling etc.
This is the reply (in part) from the Australian Government Office of Workplace Services dated 29th June 2006... “the applicable award was the NSW State award--The Musicians (Live Performance) State Consolidated Award... It is the NSW State Department that is responsible for enforcing NSW State awards and Industrial Legislation". No action was taken in respect of the complaint about the continuing employment of the orchestra at the Club and paying them less than the award fees.
The writer contacted The NSW Department of Commerce (Office of Industrial Relations) and on the 23rd June 2006 was told by a compliance officer that “the Department would take no action about workers receiving under award payments if the 18 musicians were, and are still engaged as sub contractors."
Other Issues to consider:
The 18 musicians/sub contractors that have regularly worked at the Club for the last 6 years are unable to obtain Workers Compensation Insurance as they are “Sole traders". It is suspected the Club saves on their own Workers Compensation Insurance premiums based upon what they pay the musicians/sub contractors, not the award. It is unlikely the musician/sub contractor would be paid adequate compensation in the event of a claim.
The Club pays the 18 musicians/sub contractors in cash with pay slips and no receipts/invoices provided other than a hobby declaration provided by the musicians/sub contractor at the outset of the employment arrangement. The Club would not incur any tax liability, the musicians would not be counted as relevant for assessing payroll tax and the Club would not be required to issue pay slips. The musician/sub contractor would be solely responsible for declaring his or her own tax liabilities.
There you have it, as far as the new Australian Government “Work Choices" are concerned, the RSL Club can continue to employ 18 musicians who have regularly performed at the Club for last 6 years for less than the award. Also, they may be inadequately insured for Workers Compensation, simply by offering the willing musicians and entertainers employment opportunities as “Sub contractors".
For more information contact All About Jazz.
