Industrial Award Coverage in the Visual Arts

Consultation meetings hosted by NAVA, 2-3pm AEDT Wednesday 8 November and 12-1pm AEDT Tuesday 14 November, 2023.

The Fair Work Commission is investigating existing award coverage and minimum standards in the arts and culture sector, including potential coverage gaps, as part of the upcoming Modern Award Review, as committed in Revive: a place for every story, a story for every place

A discussion paper was issued on 6 November 2023, inviting submissions in response by 4 December 2023. Consultations with various stakeholders are scheduled to be held between 11-12 December 2023, and 22 January-2 February 2024.

NAVA is hosting a series of meetings to help inform our own submission, and boost submissions from artists, arts workers, organisations and audiences from across the visual arts sector. These sessions will be an opportunity for the sector to collaborate, share insights and ideas for award coverage, and discuss the benefits of adding our individual and collective voices and needs in submissions to this important consultation. 

Meeting notes from each session will be shared after the workshops to help you develop your submission to the consultation. 

NAVA's Safer Spaces Policy provides guidance to those participating in NAVA events (including meetings and consultations) on how we can be responsible to each other and create a safer space for everyone. This document aligns with the good practices outlined in NAVA’s Code of Practice.

Discussion Paper Questions

Chapter 2. The arts and culture sector: 

1. Are there particular industries or occupations that should form the focus of the Commission’s consideration of the arts and culture sector in this Review? If so, why? 

2. Are there any industries or occupations that should be added to or removed from our consideration of the arts and culture sector for the purpose of the Review more broadly?

 

Chapter 3. What is modern award coverage?: 

3. If advocating for a new award to address coverage gaps in the arts and culture sector, how is it proposed that such an award defines its coverage? For example, would the award be expressed to cover employers or employees in an industry or employees in particular occupations and their employers, or both? 

4. Are there any responsive views addressing the content in chapter 3?

Chapter 4. Modern awards with possible coverage in the arts and culture sector

5. Are there employees working in the arts and culture sector that may be covered by an award that has not been included in this chapter?

6. Are there employees performing work of a similar nature to the work performed in the arts and culture sector that are not currently covered by an award but should be?

Chapter 5. Potential gaps in award coverage of the arts and culture sector:

7. Are there any other occupations in the arts and culture sector not covered by a modern award?

8. Are there any industrial contexts in which occupations, such as a painter, are engaged that fall outside current award coverage?

9. Do parties agree that the Miscellaneous Award may not cover certain workers, such as artistic directors or media producers?

10. To what extent are workers in the sector who are not currently covered by an award likely to be employees capable of being covered by modern awards?

11. Do the parties have a view about the potential impact of the Closing Loopholes Bill on the arts and culture sector?

12. Is digital platform work common within the arts and culture sector?

Chapter 6. Changing modern award coverage:

13. Are there any relevant occupations that were covered by pre-reform awards that are not currently covered by a modern award?

14. Are any of the occupations identified as possible gaps in award coverage in this paper, or by the parties, occupations that could not be covered by awards because of section 143(7)? 

15. For the occupations identified as gaps in award coverage in this paper, or by the parties, which awards could be varied to close the gap? 

16. Are there any other legislative provisions or significant decisions pertinent to the Commission’s consideration of the arts and culture sector in this Review?

Chapter 7—Minimum entitlements in awards:

17. Are there any responsive views addressing the content in chapter 7? 

Image credit

Nadia Hernández, 2023.

[ID: Graphic image with black block text on pastel orange shapes on a bright orange background. The text reads, 'Recognise Art as Work'.]

NAVA acknowledges and pays respects to the rightful custodians of the many First Nations Lands upon which this online event will be streamed and received. We recognise all Custodians of Country throughout all lands, waters and territories. We pay our respects to the Elders and Ancestors. Sovereignty was never ceded.

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Industrial Award Coverage in the Visual Arts