The Live Performance Award 2020, explained.

This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship.

The Live Performance Award 2020 (MA000081) is the modern award that sets minimum pay and conditions for many employees in the live performance industry in Australia. It covers performers, company dancers and musicians, along with a range of production, technical and front-of-house staff employed by producers, venues and companies. It is made and maintained by the Fair Work Commission.

An award sets a floor, not a ceiling. Where a performer or crew member is an employee, the Award and the National Employment Standards set minimum rates, penalty rates, allowances and leave that a contract cannot undercut. The Award does not apply to genuine independent contractors, and some organisations instead operate under a registered enterprise agreement negotiated with the Media, Entertainment and Arts Alliance. Whether the Award applies at all comes back to whether the worker is an employee.

Who and what the Award covers

The Award applies to employers in the live performance industry and their employees in the classifications it lists. That reaches across theatre, dance, opera, live music, comedy, circus and physical theatre, and takes in performers as well as the people who build, run and manage a production. The Award does not decide who is an employee; that is a separate question governed by the Fair Work Act 2009 (Cth).

Classifications and minimum rates

The Award groups employees into classifications, for example performers and company dancers, musicians, and production and support staff, each with a minimum rate. Rates are reviewed by the Fair Work Commission each year and usually change on 1 July, so always check the current rate for the correct classification rather than relying on last season's figure.

Casual employment and loading

Much live performance work is casual. A casual employee is paid a loading (currently 25 per cent under the Award) on top of the base rate, in place of paid leave. The loading does not turn an employee into a contractor. A casual performer is still an employee with award entitlements.

Penalty rates, overtime and allowances

The Award provides for penalty rates for work at nights, on weekends and on public holidays, for overtime, and for a range of allowances that reflect the realities of the work, such as travel and specific duties. These are minimums. A production that schedules late shows and weekend matinees needs to budget for the penalties the Award requires.

Attendance minimums and rehearsals

Awards in this sector typically set minimum engagement or attendance periods, so a performer called for a short time is still paid for a minimum block. Rehearsal time is working time. Treating rehearsals or costume calls as unpaid is a common and costly mistake.

Award or enterprise agreement, and when neither applies

A registered enterprise agreement can replace the Award for a particular employer, but it must leave employees better off overall than the Award. If a worker is a genuine independent contractor, the Award does not apply and their pay is set by their contract. Because the classification question drives everything, resolve it before you rely on, or dismiss, the Award.

Frequently asked.

Does the Live Performance Award apply to independent contractors?

No. The Award covers employees. A genuine independent contractor is paid according to their contract, not the Award. Whether a person is an employee or contractor is decided by the substance of the relationship under the Fair Work Act 2009 (Cth).

Can a performer be paid less than the Award rate?

Not if they are an employee. The Award and the National Employment Standards set a floor that a contract cannot undercut. A registered enterprise agreement can set different terms only if employees are better off overall.

Do I have to pay for rehearsal time?

Yes, for employees. Rehearsals, costume calls and similar required attendance are working time under the Award and must be paid.

What is the casual loading?

A casual employee under the Award is paid a loading, currently 25 per cent, on top of the base rate, in place of paid leave entitlements.

Where do I find the current rates?

On the Fair Work Ombudsman and Fair Work Commission listings for the Live Performance Award 2020 (MA000081). Rates usually change on 1 July each year, so check the current figure for the relevant classification.

If you are a performer, producer, venue, or independent practitioner and this raises a question about your own situation, Aaron Kernaghan and the team at Brady & Associates Lawyers can give you tailored guidance. Call 0421 717 019 or contact the firm.

This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship. It reflects the law in Australia as at 13 September 2026, with a focus on Commonwealth law and New South Wales and ACT practice. The law changes and applies differently to every set of facts. Written by Aaron Kernaghan, Brady & Associates Lawyers.

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