Fair Work Commission update: Changes to award coverage for visual arts workers

During the case hearing, NAVA expressed appreciation for the Modern Awards Review Report findings, which highlighted the inadequacy of the current classification structure for visual arts workers in Schedule A of the Amusement Award. As it stands, the classifications fail to reflect the multidisciplinary nature and specialised skills and knowledge required by workers in the visual arts sector. The ambiguous classification standards often lead to confusion over pay rates and working conditions, often leading to unpaid or underpaid labor.

While NAVA initially advocated for a standalone Visual Arts Award to address the sector’s unique aspects, we welcome the Fair Work Commission’s proposal to expand classification definitions within the Amusement Award and a change to the title. This approach can help ensure the award encompasses the diverse roles and duties typically performed by arts workers, who often hold tertiary qualifications or extensive learned experience.

To ensure a thorough and inclusive review, NAVA proposed a series of stakeholder conferences to consider key areas for revision:

1. Award title: Reviewing the title to better recognise art as work.
2. Classifications and definitions: Expanding classifications to include visual arts organisations, specific occupations, and indicative tasks. NAVA’s submission included a comprehensive list of roles.
3. Pay scale adjustments: Considering the addition of additional pay grades aligned with NAVA’s Code of Practice to ensure adequate compensation for the specialised skills required in the sector.
4. Penalty rates: Exploring the inclusion of penalty rates for extended hours, late-nights, and weekend work, which are common in the visual arts sector due to exhibition schedules, installations, and events.
5. Work Health and Safety (WHS) allowances: Addressing WHS considerations for high-risk work environments.

NAVA emphasised the need for adequate consultation with First Nations art centres and their peak bodies, noting their limited availability over December and January. To accomodate the under-resourced nature of the visual arts sector, NAVA proposed well-paced consultation timeline including three monthly conferences, allowing ample opportunity for stakeholders to discuss and refine recommendations on the award title, classifications, pay scales, and other critical components.

In addition to NAVA’s representation, sector colleagues from various organisatons attended the hearing, including the RMIT School of Art Research Project 'Visual Arts Work', the Media, Entertainment & Arts Alliance (MEAA), Creative Workplaces, and Artsource WA. There was consensus on the complexity of visual arts roles and the need for classifications that account for the diverse, multidisciplinary roles and tasks that vary across different organisations.

The Commission is expected to release the scope of works and a call for responses soon, with a proposed closing date in March 2025. We encourage all Members to remain informed and engaged throughout this process, as your input will be invaluable in advocating for meaningful changes that reflect the realities of visual arts work.

NAVA will continue to engage with the sector and provide updates as the process unfolds.

L-R: Peter Grant, Artistic Director & CEO Artsource WA; Penelope Benton, Executive Director NAVA; Chloe Powell, RMIT School of Art Research Project 'Visual Arts Work'; Kate Schaffner, Director Creative Workplaces; and Tess Chappell, National Industrial Officer MEAA Media, Entertainment & Arts Alliance, in front of the Fair Work Commission building in Naarm.

ID: A group of five people standing in front of a building and under a sign that says 'Fair Work Commission'.