Money (wages, funding)

Ausdance identifies improved standards in the workplace and increased sector knowledge of employee rights and employer obligations.

Another identified priority is increased professional development/training and support for small businesses and organisations to improve child safety, safer workplaces, safer spaces, safer bodies and minds in the whole dance community.

This article was prepared by Ausdance Qld, and is designed to provide clarification about the status of Award pay rates for dance teachers.

Fair Work Commission

The Fair Work Commission is Australia’s workplace relations tribunal and registered organisations regulator. It makes awards, approves enterprise agreements and helps resolve issues at work.

It has a ‘small business hub’ which specifically answers questions about current issues such as fixed term contracts, ‘right to disconnect’ , family and domestic violence provisions and more.

Employees/ Contractors

The difference between an Employee and a Contractor can be complicated; it is an area of the law that is not set in stone and the definitions used have recently changed.

A contractor is sometimes also called an ‘independent contractor’ or a ‘sub-contractor’, however these terms all have the same meaning. The critical differences between an employee and independent contractor are:

• an employee serves in your business, and performs their work as a representative of your business;
• a contractor provides services to your business and performs work to further their own business.

As a general rule of thumb:

• a person is an Employee if the employer determines where/when the worker (dance teacher) works, and if the employee is required to perform work as a representative of the employer’s business, is paid by the hour or has their pay determined by the employer, and cannot delegate their work to someone else;
• a person is a Contractor if the worker chooses when/where and how the work is done, performs work to further their own business, is generally contracted to achieve a specific result, and is able to subcontract to another person of their choosing.

The awards cover employees and are governed by the Fair Work Commission.

The Dancers Australia Industry Code of Practice covers both employees and contractors, and is governed by the Media, Entertainment and Arts Alliance (MEAA).

All workers must be paid superannuation on top of their fee or wage (i.e. not taken out of their wage), regardless of whether they are an Employee or a Contractor.

The ‘Modern Award System’

The Modern Award System was created in 2009, to provide all Employees in each industry a standard set of minimum wages and conditions. These include:

• common entitlements that included in all awards – eg. a 25% casual loading, a minimum engagement (usually 3 hours), and, from this year, new entitlements, such as the right to change from casual to full time or part time employment, and the ‘right to disconnect’; and,
• specific entitlements that only apply to that industry.

Live Performance Award

The Live Performance Award covers Employers in the live performance industry and their employees who fit within the classifications of the Award.

Regardless of whether the performance, rehearsal, workshop, presentation, or concert takes place in front of an audience or is recorded, the ‘live performance industry’ means:

• producing (pre and post production), staging, lighting, audio and audio/visual, presenting, performing, administrating, programming, workshopping, set and prop manufacturing; or,
• undertaking live theatre, performance art, operatic, orchestral, dance, erotic, variety, revue, comedy, multi-media, choral, or musical performances, productions, presentations, rehearsals, or concerts;

An important feature of this Award is the ‘definition’ of a performance: “Performance means a performance given by Employees before an audience for which the Employer receives a payment or other benefit.”

This Award also includes specific scheduling and rostering clauses, allowances and per diems, rehearsal rates, penalty rates, and other entitlements that are unique to the live performance industry.

Currently dance teachers (employees) are not covered by this award. Choreographers are also not covered by this Award.

Fitness Industry Award

Historically, the dance teaching industry has accepted that dance teacher Employees are covered by the Fitness Industry Award. The current minimum pay rates range from $12.90 for a junior casual teacher to $32.18 and do not provide for specific skills, dance teaching experience or criteria.

Since 2020, dance teacher and studio owner members have regularly informed Ausdance QLD (in consultations) that the rates and associated requirements/provisions are not appropriate for dance teachers. The Union has taken the position that the Fitness Industry Award is not appropriate for dance teachers, and that applying this Award can result in underpayments.

The Media, Entertainment and Arts Alliance (MEAA / the Union)

This is the Union for workers across the media, entertainment, and arts industries, including all dance professionals, actors, musicians, technical crew in theatres, film, and television, journalists, and more.

MEAA was registered on May 18, 1992 as the Media, Entertainment and Arts Alliance, formed from the merger of three unions: the Australian Journalists Association, Actors Equity of Australia, and the Australian Theatrical and Amusement Employees Association. The history of these three unions goes back to the early 1910s, and the current structure of MEAA reflects those origins.

In 2006, a fourth section was created when the Symphony Orchestra Musicians Association joined the Alliance. In 2021, MEAA added another group, Dancers Australia, in recognition of dance-specific workplace issues which impact the working lives, health and careers of dance professionals.

Dancers Australia

Dancers Australia is the union for dancers, dance teachers, and choreographers in Australia. It is led by the Dancers Australia National Committee – a group of dancers, dance teachers, and choreographers from across the country who are pushing for fair wages and safe workplaces for all workers in the dance industry. Dancers Australia is part of MEAA.

The Committee’s first Strategic Plan encompasses four critical components:

• 2022 – undertake research into dancer and choreographer rates;
• 2023 – approve and commence enforcement of an Industry Code of Practice;
• 2024 – undertake research into dance teacher rates; and,
• 2025 – approve a specific Dance Teachers section as an addition to the Code.

Dancers Australia – Dance Industry Code of Practice 2024-2025

This is a voluntary Code of Practice, similar to those in media and advertising. If you are a member of MEAA, or you are a company who is a signatory to the Code of Practice, you are legally bound to comply with this Code.

A new Code is released on 1 July each year, which includes an annual wage increase and any new or updated entitlements.

The Code currently includes rates and workplace conditions for:

• dancers – with the lower range of rates mirroring the Award, and higher range of rates mirroring what is actually paid by reputable companies in the industry; and,
• choreographers – a rate for a choreographer’s time, plus a ‘fee’ for the choreographic product they create.

In 2025, MEAA will add a new Schedule of Dance Teacher Rates. This will include:

• A low tier of rates that need to fit within the rates already in the Award – a minimum of $25.41 per hour, a maximum of $39.69 per hour, for dance teachers with 7 years’ or less experience;
• A high tier of rates that need to reflect what is actually paid in the industry – starting at $40 per hour for dance teachers with more than 7 years’ experience; and,
• A set of workplace conditions – such as penalty rates, overtime, payment for supervising children, allowances/per diems, sick/injury leave, safety protections, etc. – that adequately remunerate for skills and experience, cover the expenses that dance teachers have, match the cost of living, and ensure dance teachers are provided with a safe workplace.

Current situation and next steps

The Fair Work Commission regularly reviews awards as part of the Modern Award Review to ensure they’re fit for purpose and to update rates and conditions. In 2023/4 a targeted review has been undertaken to look at which awards cover workers and the minimum standards in the arts and culture sector.

The final report for the public part of this review was released in July. The Fair Work Commission elected to make minimal changes to the Live Performance Award based on the consensus of ‘interested parties’.  Another priority of the Modern Awards Review is to ensure no-one ‘falls through the gaps’ as Employees.

MEAA, led by Dancers Australia, identified to the Commission that choreographers and dance teachers are falling through the gaps in the awards. They have identified this through member consultation and industry surveys. Ausdance QLD and the Ausdance National network have also provided data, and will continue to seek input from our members to inform any changes.

As part of the Modern Award Review process, MEAA proposed that the Live Performance Award be updated to cover these two Employee categories. In the Commission’s report published in July 2024, this change was not adopted. There are no current proposals being considered by the Fair Work Commission.

If there were to be any change to the Award to include dance teachers, MEAA’s current draft proposal is:

• Minimum wages would need to fit within the rates already in the Award – a minimum of $25.41 per hour, a maximum of $39.69 per hour, for dance teachers with 7 years’ or less experience; and,
• Choreographer rates would need to be completely separate, and would not apply to a person who is engaged as a dance teacher (even if that person undertook creating choreography as part of their role).

These proposed changes are substantially similar to what MEAA will be adding to the Code of Practice in 2025.

This draft proposal to the Fair Work Commission is a very long way from being formally submitted, and if submitted would be through the process of lodging a case to the Fair Work Commission, requesting a decision or order, and undergoing tribunal hearings before any decision is made.

Any decisions by the Commission, and information gathered as evidence to support any change, are substantial and rigorous. This is to ensure any changes work for the Australian community as a whole, including small businesses or industry groups.

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The Australian Dance Council—Ausdance, has for nearly 40 years been at the forefront of inspiring, supporting and informing the dance community in Australia. Working with and for artists, we want to see dance take its place as a premier and integral activity in Australia.

Now we need your support to continue this work. We face a future without ongoing operational funding via the Australia Council for the Arts, putting at risk all that we do. 

Read more…

The Federal Budget, presented on 14 May, delivers on the promises announced as part of the National Cultural Policy - Creative Australia

Ausdance is relieved to see the money promised at the launch of Creative Australia confirmed through inclusion in the Budget and estimates for the forward years, under the heading "a creative nation is a productive nation". The National Cultural Policy included a $235 million vision and strategy to place arts and culture at the centre of modern life.

As part of this commitment the Australia Council will receive $75.3 million over the next four years (from 1 July 2013), with $15m per year to be targeted to arts organisations to address the demand for "high quality creative content from established, emerging and hybrid art forms". $1.25m per year will be used to establish a funding pool for the major performing arts organisations, subject to matched funding from the states and territories.

The Creative Young Stars Progam will provide $8m over two years for financial assistance to young people (up to 25) to put towards the cost of representing their community in training, cultural, artisitc, academic or community based activities and events. Successful applicants will receive a grant of $500 (individuals) or $3000 (groups), with 23 individual and 4 group grants awarded in each federal electorate per year.

Other initiatives include the continuation of the ArtStart program for graduates, additional funding for Arts Training Organisations such as the Australian Ballet School and NAISDA, and additional funding for some major performing arts companies including Bangarra Dance Theatre and the West Australian Ballet.

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