🇦🇺Australia

Bußgelder wegen falscher Anwendung des Live Performance Award

1 verified sources

Definition

The Live Performance Award [MA000081] covers performers, musicians, stage managers and technicians engaged in live performance in Australia, including circus-style performances.[5] Employers must apply the correct classification, minimum rates, overtime, penalty rates, loadings and allowances. Manual interpretation for many short-term performers (e.g. seasonal circus tours, guest magicians, one-off acts) increases the likelihood of award underpayments. Under the Fair Work Act, contraventions can lead to orders to repay all underpayments plus interest, and civil penalties of up to AUD 93,900 per serious contravention for a company and AUD 18,780 for individuals (indexed figures), with higher "serious contravention" penalties where conduct is deliberate. Logic based on Fair Work enforcement actions in other awards indicates that for small entertainment employers, backpay assessments of AUD 10,000–100,000 are common, with legal and advisory costs adding further losses. For a small touring circus with 20 performers paid under the Live Performance Award, a systematic underpayment of AUD 50 per week per performer over 12 months would create a backpay liability of about AUD 52,000 plus interest and potential penalties of tens of thousands of dollars. The root cause is manual performer contract drafting and payroll processing which fails to consistently map each performer to the correct award classification and entitlements, and failure to keep up with award updates and annual wage increases.

Key Findings

  • Financial Impact: Quantified: AUD 20,000–150,000 per enforcement cycle in backpay, interest, legal costs and Fair Work penalties for a small-to-mid sized circus or magic show operator; underlying exposure of ~AUD 50 per performer per week in potential underpayment if award conditions are applied incorrectly.
  • Frequency: Medium likelihood over a 3–5 year period for operators that manually interpret awards for multiple performer types and seasons; high likelihood after Fair Work investigations or employee complaints.
  • Root Cause: Manual performer contract templates not linked to Live Performance Award classifications; ad‑hoc payroll data entry; lack of automated award interpretation and updates; limited HR/IR expertise in small entertainment businesses.

Why This Matters

The Pitch: Circus and magic show operators in Australia 🇦🇺 waste AUD 20,000–150,000 every few years on backpay, Fair Work penalties and remediation when performer contracts are misclassified and underpaid. Automation of award interpretation, performer classification and pay-calculation in contracts and payroll eliminates this risk.

Affected Stakeholders

Circus owners and directors, Payroll officers, Production managers, Company managers, External bookkeepers and small business accountants

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Financial Impact

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

Strafen wegen fehlerhafter Superannuation und STP-Meldungen für Künstler

Quantified: AUD 5,000–20,000 per SGC assessment cycle in SG shortfall, interest and admin fees for a small circus; plus 10–20 hours per quarter of bookkeeping/accounting time fixing SG and STP issues (AUD 1,000–3,000 in professional fees) when processes are manual.

Insurance & Attendance Revenue Loss

AUD 100,000+ asset retirement costs; 20-30% attendance decline (industry est. based on protests and 75% public opposition)

Veterinary & Audit Compliance Costs

AUD 5,000-15,000/month in vet fees and compliance labour (20-40 hours/month manual tracking)

Kassenschwund und Inventurdifferenzen bei mobilen Verkaufsständen

Logic-based: 3–5% of concession revenue. For a circus group with AUD 4m annual food/beverage/merch revenue, expected shrinkage and under‑recording = AUD 120,000–200,000 p.a. plus potential ATO assessments of underpaid GST and income tax (often 25–75% penalties of the shortfall on top of tax and interest).

Fehlende und fehlerhafte Umsatzbeteiligungen mit Fremdverkäufern

Logic-based: 2–4% of hosted vendor revenue lost. If third‑party vendors collectively take AUD 2–4m p.a. across a circus’ events, lost commission and fees to the circus = approx. AUD 40,000–160,000 annually.

Überbestände, Verderb und Engpässe bei Event-Concession-Beständen

Logic-based: 20–30% avoidable cost on concession stock and rush logistics. For a circus spending approx. AUD 300,000–500,000 p.a. on food, beverage and small-wares for stands, this equals AUD 60,000–150,000 per year in unnecessary product and freight costs. Additional labour savings ~35 admin hours per week in the case study translate to roughly AUD 2,500–3,500 per month at Australian wage rates (≈ AUD 30–40/hr), or AUD 30,000–40,000 p.a.[1]

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