Recent discussions online regarding Modern Awards have raised concerns about possible changes to pay rates and conditions specific to dance teachers and choreographers. You may be wondering what these changes entail, where they came from, and who played a role in shaping them.
We’ve collaborated with the Ausdance National network, MEAA, and Dancers Australia to help clarify this complex topic.
Together, we aim to provide clear insights into the current situation, share key facts, and identify the organisations involved.
Helpful background information
Fair Work Commission
The Fair Work Commission is Australia’s workplace relations tribunal and registered organisations regulator. They make awards, approve enterprise agreements and help resolve issues at work. They have 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 vs 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 (ie. 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.
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;
regardless of whether the performance, rehearsal, workshop, presentation, or concert takes place in front of an audience or is recorded.
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 VIC 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
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 was 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 identified this through member consultation and industry surveys. Ausdance VIC and the Ausdance National network also provided data, and will continue to seek input from our members to inform any future 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.
What is being proposed for dance teachers?
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 their 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.
Our commitment to the dance sector
While we represent both employers and employees, our objective is always to achieve the best long-term outcomes for the whole sector. We will continue to listen to all of our members, communicate their concerns and challenges, and advocate for the right change.
If you have any questions, concerns or comments about the Modern Award and the review process, we encourage you to email victoria@ausdance.org.au