Employment Agreement for Performers

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This sample Employment Agreement can be used when a performer is being employed to perform in a production. It may also be adapted for other forms of employment. If the performer is being engaged as a contractor rather than an employee then Arts Law's Contractor Agreement for Performers will be more appropriate.

WARNING - This sample agreement is relevant where the employment relationship is governed by Federal employment laws (the Workplace Relations Act). The Federal employment laws apply where the employer is:
. located in the Northern Territory, Western Australia and Victoria;
. a constitutional corporation;

and also apply to the Federal Public service and a few specific non-arts entities.
To be a constitutional corporation a business entity must be either:
. a body incorporated under the Corporations Law that may be classified as either a trading or financial corporation;
. a foreign corporation;
. a body corporate that is incorporated in a territory; or
. a body that is prescribed as a body corporate under legislation and is engaged in trading or financial activities.

It is the activities of the employer that will determine whether that business entity falls within the definition of a trading or financial corporation. The definition has been interpreted broadly by the Courts and has included, by way of example, the Red Cross Society, a football club and a state superannuation board.
Business entities that do not fall within the definition of the constitutional corporations have been found to include sole traders, partnerships and unincorporated associations.
For specific advice on whether your employer falls within the Federal legislation please contact the Arts Law Centre.