AP780630CRV - Entertainment and Broadcasting Industry - Theatre Managers - Cinema - Award 1998
3.1 Act means The Workplace Relations Act 1996.
3.2 Assistant manager means a person who assists a manager of a theatre in carrying out the duties of a manager as herein provided and who is called upon to carry out the duties and responsibilities of a manager during the absence of a manager from the theatre.
3.3 Casual employee means an employee engaged as such.
3.4 Continuous Service for the purposes of termination and redundancy will mean:
3.4.1 In calculating the twelve months’ continuous service, the only absences counted as time worked are the following:
3.4.1(a) long service leave that an employee takes under the relevant State long service leave legislation; and
3.4.1(b) annual leave.
3.4.2 Where a period of work is less than twelve months, the absences counted as time worked because of sickness or accident are calculated on a proportionate basis.
3.4.3 The following events do not break an employee’s continuous service:
3.4.3(a) sick leave;
3.4.3(b) leave as the result of an accident;
3.4.3(c) leave lawfully granted by the employer; or
3.4.3(d) absence for a reasonable cause. (The employee must prove that the leave was reasonable.)
3.4.3(e) Where employees are temporarily stood down through no fault of their own, service is not to be considered to be broken.
3.4.3(f) Any other absence from work does not break continuity of service unless the employer notifies the employee within fourteen days of the employee returning to work after the absence. The employer must tell the employee in writing.
3.4.4 If an individual employee is absent, the employer must tell that employee by:
3.4.4(a) giving the notice to him or her personally; or
3.4.4(b) posting the notice to his or her last known address.
3.4.5 If a number of employees are absent because of collective action, the employer may tell them all by placing a notice in the place where the employer normally places general notices to employees. The employer must also send a copy of the notice to the Union on the same day.
3.4.6 It will also not break an employee’s continuous service if the employer breaks or ends the employee’s service in order to avoid the employer’s obligations in respect of leave.
3.5 Double time will mean double the ordinary hourly rate.
3.6 Manager means a person:
3.6.1 who is responsible for the general operations at the theatre; and
3.6.2 who is responsible for one or more of the following:
3.6.2(a) Advertising;
3.6.2(b) Supervision of maintenance and cinema staff;
3.6.2(c) Employment;
3.6.2(d) Training;
3.6.2(e) Checking, safekeeping and banking of cinema funds and receipts;
3.6.2(f) Payment of salaries and wages and/or accounts;
3.6.2(g) Preparation and keeping of records;
3.6.2(h) Programming of films as directed;
3.6.2(i) Supervise and direct the programming of films for the entertainment of the customer as required by his or her employer. In doing so, where the screening of a film classified as “restricted” under the relevant legislation governing the censorship classification of films results in a prosecution against a manager or assistant manager, the employer will pay all fines and costs resulting from such prosecution unless the prosecution results from the wilful default of such manager or assistant manager.
3.7 Rostered days off (RDO) means any continuous 24 hour period between the completion of the last ordinary shift and the commencement of the next ordinary shift on which an employee is rostered for duty.
3.8 Sick leave is leave to which an employee other than a casual is entitled without loss of pay because of his/her illness or injury.
3.9 Spread of hours means the period of time elapsing from the time an employee commences duty to the time the employee ceases duty within any period of 24 hours.
3.10 Theatre includes cinemas and multiple cinemas, drive-ins and multiple drive-ins.
[3.11 varied by R0303 ppc 23Dec98]
3.11 Trainee manager means a person who will be under the supervision of a manager or assistant manager for a period of not more than six months engaged in training for the duties of an assistant manager or manager. A trainee manager will not be left in charge of a theatre, except in the case of an emergency. A part-time and/or casual trainee managers shall complete the equivalent of 6 months full time training before being eligible to be appointed as assistant manager and/or manager.
3.12 Union means the Theatre Managers’ Association.
3.13 Weekly Employee means either a full-time employee or a regular part-time employee.
3.14 Zone manager means a person who in addition to working in a theatre as a manager exercises supervision, control or direction over another manager or managers in another theatre or theatres.
