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The National Association for the Visual Arts (NAVA) has welcomed the Fair Work Commission’s (FWC) proposal to vary the Amusement, Events, and Recreation Award to address issues pertaining to the visual arts sector.

This will ensure the award clearly and adequately establishes minimum terms and conditions for workers in the visual arts, addressing long-standing issues of inadequate recognition and remuneration. These proceedings are set to begin in September 2024.

NAVA Executive Director, Penelope Benton noted “while we celebrate the Fair Work Commission's decision to review and potentially expand the Amusement Award, it is clear that this is just one step in addressing the broader challenges faced by artists. Many artists are still working under precarious conditions and earning less than they deserve. We will continue to advocate for more comprehensive protections and adequate remuneration for artists.”

The FWC’s Modern Awards Review 2023-24 report, which includes a focus on the arts and culture sector, follows two weeks of in-person discussions in January 2024. NAVA facilitated the participation of nearly 20 visual artists and arts workers, who highlighted the lack of adequate award coverage and its detrimental impact on work and practice. Written submissions were also made late last year.

Key findings from the report indicate that the classification structure in Schedule A of the Amusement Award does not effectively cover the work performed by arts workers. The current classifications fail to recognise the multidisciplinary nature of work in the visual arts, and the range of specialised skills required. This leads to confusion over payment rates and working conditions, resulting in unpaid or underpaid work.

The report proposes addressing these issues by expanding the classification definitions in the Amusement Award to include the roles or duties typically performed by arts workers, provided such roles are not excluded based on seniority. It suggests that most arts workers possess qualifications or experience at a diploma level or above. Any variation could include the introduction of indicative roles or duties within grade 8 of the award. To further address confusion and systemic non-compliance, it is also suggested that the award title could be varied to explicitly recognise art as work.

Benton shared “this is a significant step forward for arts workers who have long struggled with inadequate recognition and fair remuneration for their work. The decision by the Fair Work Commission to initiate proceedings to consider variations to the Amusement Award is a positive outcome that we hope will lead to substantial improvements to working conditions in the visual arts.

“While this decision represents an important step forward, NAVA recognises that much work remains to ensure comprehensive protections for practitioners. Many visual artists work long hours for less than minimum wage, often as independent contractors or sole traders. The FWC report notes that a significant proportion of artists fall into this category, highlighting the need for broader reforms beyond the scope of the current award system. NAVA also welcomes the new ‘unfair contract terms of services contracts’ jurisdiction, which may offer some relief to artists facing unfair contract terms from August 2024.”

NAVA looks forward to the upcoming proceedings and remains committed to advocating for the rights and recognition of visual artists and arts workers across Australia.

Modern Awards Review final report

Image. NAVA's Executive Director, Penelope Benton

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