A performer, entertainment industry representative or entertainment industry hirer can apply to the Industrial Relations Commission of New South Wales (Commission) to resolve a dispute under Part 2, Division 4 of the Entertainment Industry Act 2013 (NSW). A registered industrial organisation acting on behalf of a performer can also apply to the Commission.
An independent performer includes actors, singers, dancers, acrobats, models, musicians or any other performer who enters into an agreement with an entertainment industry representative.1
An entertainment industry representative (also referred to as a performer representative or venue representative)2 is a person who is paid to provide one or more of the following services to a performer:
An entertainment industry hirer means someone who engages or contracts a performer for the purpose of a performance.4
An Application re Dispute arising pursuant to section 20 of the Entertainment Industry Act 2013 must be sent to the Commission’s Registry by email. Alternatively, a person can submit the application in person or by post. The applicant is responsible for service in accordance with Part 10 of the Uniform Civil Procedure Rules 2005 (NSW).
The Commission will attempt to resolve the dispute between the parties by conciliation and, if necessary, arbitration. The Commission may make orders in relation to the matter that it considers fair and reasonable in the circumstances.5
A person who fails to comply with an order made by the Commission is guilty of an offence. The maximum penalty is 50 penalty units or imprisonment for six (6) months, or both.6
The decision can be appealed to the Full Bench of the Commission.
1 Entertainment Industry Act 2013 (NSW) s 4.; 2 Ibid.; 3 Ibid s 5.; 4 Ibid s 4.; 5 Ibid s 20(3).; 6 Ibid s 20(4).
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