‘Devastating for workers and the audience’: Australian arts sector dealt another blow

The premature closure of an intended Waitress the musical national tour has sparked questions regarding the viability of employment in the performing arts and whether workers can protect themselves.

With three major musicals having to close their curtains early, alarm bells are well and truly ringing in the arts sector. In addition to the already tenuous nature of creative, contracted employment, workers and artistic companies are now facing arguably some of the most difficult economic conditions, with Waitress, Beetlejuice, and Back to the Future all pointing to an increasingly difficult operating and financial environment.

In a statement on 24 June in relation to the cancellation of Beetlejuice the musical, Media Entertainment and Arts Alliance (MEAA) campaigns director Paul Davies said: “At a time when the live performance sector is already under significant pressure, abrupt cancellations like this highlight the precarious nature of creative work and the need for stronger protections, greater accountability and better support for arts workers.”

Davies characterised the closure of Waitress the musical as representative of the lived reality for many people working in the industry, calling the decision devastating “for the workers who committed their time, skill and talent to this production”.

HR Leader talked to the Media, Entertainment and Arts Alliance (MEAA) and employment relations lawyer Michael Byrnes of Swaab about the implications of this latest cancellation and what it means for workers.

Regarding the practicality of early closure or cancellation of performances, Byrnes said: “The modern award and contractual termination provisions will need to be complied with, either by provision of actual notice or a payment in lieu thereof.”

He added: “Production and performing staff will need to be provided notice (whether actual notice or payment in lieu) as provided in their contracts. The requirements in the relevant modern award (the Live Performance Award 2020) will also need to be complied with.”

This award, Byrnes said, sets the minimum standards and “seeks to ameliorate some of the harsh conditions that would otherwise likely apply to creative workers in the sector” – that is, temporary engagements for the run of a show.

The MEAA yesterday (29 June) told HR Leader it intended to pursue every eligible entitlement for affected workers, but that more can be done regarding the National Cultural Policy. This is important, a spokesperson said, not just to support a sustainable working future, but also for audiences.

In the 24 June statement, Davies said: “Australia’s National Cultural Policy rightly recognises the importance of secure, sustainable careers in the arts, but workers need to see that commitment reflected in substantial improvements to working conditions.”

Relevant policy recommendations as outlined in the MEAA’s submission include: an MEAA-chaired culture sector income taskforce, a whole-government and cross-portfolio approach to cultural policy, CPI and population-indexed arts funding, and a study to determine the funding required to apply universal access to the arts, among others.

At an individual level, Byrnes also noted the importance of creating an environment of communication and respect regarding production staff to encourage peak performance quality “during what would be a challenging and potentially demoralising period”.

“It would be critical that staff on the productions are kept up to date as to developments, are consulted in relation to any issues arising from implementation of closure, and continue to be treated respectfully,” he said.

“It also helps preserve the reputation of the production companies for future shows. Hopefully, audiences continue to enjoy the productions, and the applause and appreciation help sustain the cast and crew, but the HR function should not be relying upon that alone.”

Byrnes also noted the importance of workers knowing the full scope of their rights, entitlements, and definitions within their applicable modern award and contract. While noting that staff could – in a perfect world – negotiate a “pay or play deal”, in which workers get paid for the full run of a show, whether it unfolds that way or not, this is often not a realistic prospect, only confirming the need to ensure all other benefits are given.

When asked about the need for further policy protections for contract workers in the arts scene, Byrnes too noted “the precarious nature of employment in the arts sector can present significant lifestyle problems for the many talented and dedicated people who are in that field and who enrich our lives through the work they undertake”, but added that this alone is not the full consideration.

Byrnes said: “On the other hand, if staff are guaranteed payments or benefits even if the show doesn’t go on, then it might create a further impediment to new productions being mounted, leading to fewer shows or even less risk taking in terms of the shows that are put on.”

In addition to the requests outlined in its submission to the National Cultural Policy, the MEAA has called on the government to introduce cultural passes to offset the cost of tickets for Australian audiences and to support the future of the Australian performing arts sector.

The MEAA said: “We also support the tax rebate that currently exists for the screen industry, but these changes alone are not enough.”

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