PR953915 PR953915 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.158 of Schedule 1B application for alteration of eligibility rule of organisation Media, Entertainment and Arts Alliance (D2004/26) SENIOR DEPUTY PRESIDENT KAUFMAN MELBOURNE, 3 DECEMBER 2004 Alteration to eligibility rules. DECISION [1] On 23 July 2004 the Media, Entertainment and Arts Alliance (MEAA) lodged an application pursuant to s.158(1) of Schedule 1B of the Workplace Relations Act 1996 (Act) for the consent of a designated Presidential Member of the Commission to an alteration of its eligibility rules. [2] The MEAA was informed by an officer of the Registry on 13 September 2004 that the Statement accompanying the application did not state whether the Federal Council of the MEAA had agreed to the alterations. To address this the MEAA lodged a further Statement on 14 September 2004, however the amended Statement referred to rules which were rules other than the eligibility rules of the organisation indicated in the application. On this being brought to the attention of the MEAA a further Statement was lodged on 23 September 2004. [3] By letter dated 17 September 2004, Mr Peter McKerrow, of the principal registry, advised the MEAA that the application was under consideration and would be gazetted as soon as possible. The matter came before me for hearing on 29 November 2004. [4] The alterations sought by the MEAA are: The alteration of Industry Rule 3 Part A. The relevant wording is reproduced below, with the proposed deletion marked in bold and underlined: 3 - INDUSTRY Part A: ... (h) All persons employed or to be employed at World Congress Centre Melbourne and/or the Melbourne Exhibition Centre, other than the employees of contractors providing cleaning, car-parking, or food and drink services. throughout the Commonwealth of Australia together with such other persons, whether so employed or not as have been elected Officers and Industrial Staff of the Association and have been admitted as members thereof. This alteration would remove the words throughout the Commonwealth of Australia from (h) in the above rule. The alteration of Eligibility for Membership Rule 4 Part B and Part C. The relevant wording is reproduced below, with the proposed deletions marked in bold and underlined: 4 - ELIGIBILITY FOR MEMBERSHIP Part B: ... (h) All persons employed or to be employed at World Congress Centre Melbourne and/or the Melbourne Exhibition Centre, other than the employees of contractors providing cleaning, car-parking, or food and drink services. throughout the Commonwealth of Australia together with such other persons, whether so employed or not as have been elected Officers and Industrial Staff of the Association and have been admitted as members thereof. ... Part C: ... (b) Only those person who constantly or regularly perform substantially the work specified in Clause (a) of this Rule, and who are dependent on such work for the major portion of their earnings , shall be eligible for membership. This alteration would remove the words throughout the Commonwealth of Australia from (h) and the words and who are dependent on such work for the major portion of their earnings from (b) in the above rule. [5] The reason for the proposed alteration was set out in the MEAA's Application for Consent to the Alteration of Eligibility Rules of an Organisation (Application). The reason was stated to be: (a) In relation to the proposed alterations concerning rule 3 Part A and rule 4 Part B (that is the rules of the former Australian Theatrical and Amusement Employees Association), the current rules restrict membership to those persons within the Commonwealth of Australia. A number of persons engaged in film and television production, including news crews, work overseas for various periods of time. Members of the Alliance employed as actors or journalists work alongside the production staff, and these persons have no such restrictions on membership. (b) In relation to the proposed alteration to rule 4 Part C (that is the rule of the former Australian Journalists Association), the eligibility of persons to become a member under this part is subject to three qualifications: first a person must fall within one of the various catergories set out in rule 4 Part C (a), secondly they must constantly or regularly perform such work and finally they must depend on such work for the major portion of their earnings. An increasing number of journalists are working one or two shifts regularly or supplying regular articles, however, they may also have other jobs which provide more income than their journalistic work. As a number of awards of the Commission for journalists are "members only" awards the Alliance seeks to ensure all those who constantly or regularly perform work within rule 4 Part C are eligible for membership, regardless of what other work they may perform. [6] The effect of the proposed alteration was stated to be: (a) In relation to the proposed alterations concerning rule 3 Part A and rule 4 Part B (that is the rules of the former Australian Theatrical and Amusement Employees Association), the effect would be that persons would be eligible for membership while employed overseas. (b) In relation to the proposed alteration to rule 4 Part C (that is the rule of the former Australian Journalists Association), the effect would be that as long as a person constantly or regularly performed substantially of the kind set out in rule 4 Part C (a) they would be eligible for membership regardless of any outside income received. [7] The Application sets out details of the measures taken by the Acting Federal National Secretary to comply with the Union's rule altering procedure during the period 10 May 2004 to 5 July 2004. These measures culminated in an application for alteration to the MEAA's eligibility rules being lodged in the Australian Industrial Registry on 23 July 2004. [8] The application was gazetted in the Commonwealth of Australia Gazette No. GN 38 on 22 September 2004. [9] No Notices of Objection were received in the Registry within the prescribed time, or at all. No parties appeared before me to object to the proposed rule alteration when the matter was brought on for hearing on 29 November 2004. [10] At the hearing, Mr Mark Ryan appeared on behalf of the MEAA. Mr Ryan gave some background to the application. [11] I have considered all of the material now before me and on the basis of that material I am satisfied that the alterations have been made under the rules of the MEAA and in conformity with the Act and the Regulations. I am also satisfied that, in relation to the persons who would be eligible for membership because of the alteration, there is not another organisation to which those persons might conveniently belong and that would more effectively represent their interests. [12] I therefore consent to the amendments to the industry and eligibility rules of the MEAA. Rule 3 Part A and Rule 4 Part B and Part C, as altered, shall now read as follows: 3 - INDUSTRY Part A: ... (h) All persons employed or to be employed at World Congress Centre Melbourne and/or the Melbourne Exhibition Centre, other than the employees of contractors providing cleaning, car-parking, or food and drink services. together with such other persons, whether so employed or not as have been elected Officers and Industrial Staff of the Association and have been admitted as members thereof. ... 4 - ELIGIBILITY FOR MEMBERSHIP Part B: ... (h) All persons employed or to be employed at World Congress Centre Melbourne and/or the Melbourne Exhibition Centre, other than the employees of contractors providing cleaning, car-parking, or food and drink services. together with such other persons, whether so employed or not as have been elected Officers and Industrial Staff of the Association and have been admitted as members thereof. ... Part C: ... (b) Only those person who constantly or regularly perform substantially the work specified in Clause (a) of this Rule, shall be eligible for membership. [13] The alterations to which I have consented shall come into effect on 3 December 2004. As a result of this decision, the eligibility rules of the MEAA, on and from that date and until further altered, shall be as set out in the Annexure to this decision. BY THE COMMISSION: SENIOR DEPUTY PRESIDENT Appearances: M. Ryan on behalf of the MEAA. Hearing details: 2004. Sydney November 29. Printed by authority of the Commonwealth Government Printer <Price code C> ANNEXURE ELIGIBILITY RULES OF MEDIA, ENTERTAINMENT AND ARTS ALLIANCE 3 - INDUSTRY Part A: The industry in connection with which the Association is registered shall be the industry of the employment of every person employed or likely to be employed in or in connection with any of the following industries or callings, namely: Employees employed in or in connection with, including selling tickets by any means in connection therewith, or in or about, any kind of amusement, whether indoor or outdoor, including:- (a) cultural complexes, theatres, halls, racecourses, sports, exhibitions, agricultural shows, planetaria, animal parks, puppet shows and film exchanges, but excluding any person employed in or about the foregoing in any capacity in or in connection with the provision, sale, service or preparation of food or drink; (b) Clubs, licensed clubs and discotheques, but only insofar as such employees are employed as set and property carpenters and painters, stage crews, mechanists, projectionists, audio and lighting technicians, flymen, props persons, scenic artists, wardrobe including dressers, costume and property workers, stage managers, make-up artists, hairdressers, wigmakers and wig dressers, directors, choreographers and designers; (c) Casinos, but only insofar as such employees are employed as supervisors, pit bosses, inspectors, croupiers, dealers, bankers, cashiers and change clerks, but excluding such persons employed at the Wrest Point Casino, Tasmania; (d) In all aspects of Motion Picture Film, Video and Television Production and Processing, the Australian Film Commission and the Australian Film and Television School, including but without limiting the generality of the foregoing Producers, Directors, Production or Studio Unit Managers, Assistant Directors, Production Accountants, Dialogue and/or Commentary Writers, Script and/or Continuity Recordists, Location and/or Talent Scouts, Contact Men, Make-up Artists, Casting Directors, Art Directors, Chief Cameramen, Operative Cameramen, Special and/or Process Cameramen, Title and/or Cartoon Cameramen, Camera Dolly and/or Rotambulation Operators, Slate Operators, Studio Gripmen, Studio Mechanists, Chief Sound Engineers, Sound Engineers, Sound Recordists, Microphone Boom Operators, Sound Mixers, Film Editors, Film Cutters, Specialist Film Cutters, Film Librarians, Film Vault Keepers, Film Splicers, Laboratory and/or Studio Maintenance Men, Film Stock Keepers, Film Laboratory Managers, Film Laboratory Chemists, Film Printing Operators, Film By- Product Recovery Chemists, Film Timers, Film Cleaners and/or Waxers, Film Checkers, Laboratory and/or Studio Projectionists, Film Processors, Film Graders, Film Despatchers, Film Packers and Film Examiners, Supervising and other classes of Technician involved in Maintenance, Installation, Videotape, Lighting, Telecine or Audio Departments, Cinecameramen, Videocameramen, Set Designers, Graphic Artists, Co-ordinators, Stills Photographers, Floor Managers, Film Sound Recordists, Wardrobe Supervisors and Assistants, Set and Property Carpenters and Painters, Property men/ women, Scenic Artists, Producers/ Directors Assistants, Vision Switchers, Set Dressers, Hairdressers, Film Department Assistants, Studio Hands, Film/Videotape and Record Librarians, Property and Scenery Storemen, and all trainees and inexperienced adults employed in or in connection with television or videotape production houses; (e) In film and television distribution, persons employed in film release and control, statistics and contracts, film despatch, (other than officers in charge), projectionists, assistant projectionists, film packers, film checkers, film examiners, film cleaners and film splicers; and (f) Cinemas; (h) All persons employed or to be employed at World Congress Centre Melbourne and/or the Melbourne Exhibition Centre, other than the employees of contractors providing cleaning, car-parking, or food and drink services. together with such other persons, whether so employed or not as have been elected Officers and Industrial Staff of the Association and have been admitted as members thereof. and:- Part B:- In or in connection with journalism, public relations or authorship in or in connection with the printed media, radio, television, satellite, cable transmission or broadcast or electronic data bases and Hansard, law or other reporting. and:- Part C:- In or in connection with the industry of commercial and industrial art which without limiting the generality of the foregoing includes any business, trade, manufacture, undertaking, calling, service, employment, handicraft or industrial occupation or avocation in the industry or in any branch of the industry including concept visualisation, art direction, art buying, layout, illustration, photography, decorative set and prop design, three dimension and surface packaging design, lettering, typographic design, photo-retouching, video, film graphics, cartooning, finished art and assembly of all design elements including type, provided that it has been set in a recognised trade house and production supervision, book brochure design, map drawing, display and exhibition design, and development of corporate image provided that persons shall not be eligible to join the Association who are employees in or in connection with the printing industry. Part D:- The industry of entertaining the public in any place which could reasonably be construed to be a place of entertainment; and of acting, rehearsing or otherwise appearing in cinematographic films and of entertaining and providing and or preparing commercial advertising and/or entertainment, and/or making announcements, and/or devising entertainment for transmission by short or long wave or frequency modulated broadcasting (wireless) transmitters, or televisors or for gramophone recordings. Part E:- The Association shall also consist of such independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the Association. Part F:- Part to reflect orders made under the Industrial Relations Act 1988 (now the Workplace Relations Act 1996) and recorded in Print N5128 Notwithstanding anything elsewhere contained in this rule and without limiting Parts A, B, C, D and E of this rule and without in any way being limited by parts A, B, C, D or E, for the purpose of giving effect to the orders made on 18 September 1996 and recorded in Print N5128 and subject to further order of the Commission to vary or set aside the orders, with effect from 4 July 1997 the industry in connection with which the Association is registered shall include the industry of every person employed or likely to be employed in or in connection with the Live Theatre and Concert Industry which, for the purposes of this rule, shall mean all activities undertaken in or in connection with producing, presenting, or otherwise undertaking live theatrical, performance art, operatic, orchestral, dance, variety, revue, comedy, multi-media, choral, or musical performances, productions, presentations, workshops, rehearsals or concerts, including the provision, sale, service or preparation of food or drink and also including selling tickets by any means, for or in or in connection with any such performances, productions, presentations, workshops, rehearsals or concerts, and including the operation of venues or other facilities, whether permanent or temporary, utilised for such performances, productions, presentations, workshops, rehearsals or concerts, whether or not such performances, productions, presentations, workshops, rehearsals or concerts are performed or presented in the presence of an audience, or are recorded by any means. 4 - ELIGIBILITY FOR MEMBERSHIP Part A: the following persons shall be eligible for membership: Without limiting parts B, C, D or G of this rule and without in any way being limited by parts B, C, D or G: (i) The Association shall consist of an unlimited number of persons employed on any contractual, weekly, daily or other basis of employment as actors, actresses, singers, choristers, dancers, variety, revue and/or vaudeville artists, circus artists, supernumeraries, extras, understudies, showgirls, models, nudes, mannequins, stand-ins, skaters, aquatic performers, comperes, announcers, narrators and stunt men or women or persons employed for the purpose of commercial display in the theatrical, concert, cabaret, ballroom, hotel, restaurant, club, circus or skating branches of the entertainment industry or in any other place which could be construed to be a place of entertainment, or who are employed as entertainers in any other place, or who are employed in the cinematographic film, television, television film, wireless broadcast recording, commercial wireless broadcasting, or other wireless broadcasting stations, or any other sections of the wireless broadcasting industry, or in the production of gramophone recordings, and all persons employed by or at commercial or other wireless broadcasting stations, or in the production of transcribed radio programs or transcribed commercial announcements for use in wireless broadcasting as monitors, comperes, narrators, members of general information or quiz programs, announcers, monitors of international broadcasts for the purpose of gathering material, translators, checkers, and other persons engaged in the presentation and/or preparation of foreign language broadcasts, and all writers who write specialised radio or television scripts and material as defined in Schedule A hereof, and writers of film scripts and/or scenarios and all persons who are employed at commercial wireless broadcasting stations or elsewhere in the production of transcribed wireless broadcast programs and/or commercial announcements or direct (live) wireless broadcast programs as members of the presentation, program, record library, and/or continuity staff, or in manual sound effects work, or employed as advertising copywriters by a commercial wireless broadcasting station together with such other persons whether employed in the industry or not as have been appointed officers of the Association (including appointed as Organisers) and admitted as members thereof at present or in the future. Provided however that an employee whose work in the main consists of writing news or similar commentaries or an employee whose work in the main consists of writing news and similar commentaries and who also verbally broadcasts these commentaries, instrumental musicians other than variety artists, copyists of music, persons engaged on technical and mechanical duties and included within the constitution of the Professional Radio Employees Institute of Australia, or the constitution of the Postal Telecommunication Technicians Association, or employees included within the constitution of the Federated Clerks Union or officers or employees of the Australian Broadcasting Commission who are qualified by the Constitution of the Australian Broadcasting Commission Staff Association to become other than Associate members of the Australian Broadcasting Commission Staff Association, employees engaged solely as clerks, telephonists, watchmen, caretakers, cleaners, or lift attendants or salesmen, copywriters employed by advertising agencies, shall not be eligible for membership. Schedule A: A writer of specialised radio or television material is one who writes specialised radio or television material, irrespective of length, which is suitable only for radio or television presentation and is pre-designed for that purpose, such as comic or straight dramatic spots, straight plays, including drama, comedy, farce, burlesque & c., musical or variety performances, documentaries in dramatic, musical or other entertainment form and adaptations designed specifically for radio or television performances from an original play or book. (ii) Without limiting or in any way being limited by sub-rule (i) of this rule, the Association shall also consist of persons employed as: (a) disc jockeys and discotheque comperes; (b) bingo, housie callers; (c) puppeteers excluding persons whose sole duties are the building, painting and finishing of puppets; (d) stunt co-ordinators and stunt performers; (e) performance artists. Part B: the following persons shall be also eligible for membership: Without limiting parts A, C, D or G of this rule and without in any way being limited by parts A, C, D or G: The Association shall also be composed of an unlimited number of employees employed in or in connection with, including selling tickets by any means in connection therewith, or in or about, any kind of amusement, whether indoor or outdoor, including:- (a) cultural complexes, theatres, halls, racecourses, sports, exhibitions, agricultural shows, planetaria, animal parks, puppet shows and film exchanges, but excluding any person employed in or about the foregoing in any capacity in or in connection with the provision, sale, service or preparation of food or drink; (b) Clubs, licensed clubs and discotheques, but only insofar as such employees are employed as set and property carpenters and painters, stage crews, mechanists, projectionists, audio and lighting technicians, flymen, props persons, scenic artists, wardrobe including dressers, costume and property workers, stage managers, make-up artists, hairdressers, wigmakers and wig dressers, directors, choreographers and designers; (c) Casinos, but only insofar as such employees are employed as supervisors, pit bosses, inspectors, croupiers, dealers, bankers, cashiers and change clerks, but excluding such persons employed at the Wrest Point Casino, Tasmania; (d) In all aspects of Motion Picture Film, Video and Television Production and Processing, the Australian Film Commission and the Australian Film and Television School, including but without limiting the generality of the foregoing Producers, Directors, Production or Studio Unit Managers, Assistant Directors, Production Accountants, Dialogue and/or Commentary Writers, Script and/or Continuity Recordists, Location and/or Talent Scouts, Contact Men, Make-up Artists, Casting Directors, Art Directors, Chief Cameramen, Operative Cameramen, Special and/or Process Cameramen, Title and/or Cartoon Cameramen, Camera Dolly and/or Rotambulation Operations, Slate Operations, Studio Gripmen, Studio Mechanists, Chief Sound Engineers, Sound Engineers, Sound Recordists, Microphone Boom Operators, Sound Mixers, Film Editors, Film Cutters, Specialist Film Cutters, Film Librarians, Film Vault Keepers, Film Splicers, Laboratory and/or Studio Maintenance Men, Film Stock Keepers, Film Laboratory Managers, Film Laboratory Chemists, Film Printing Operators, Film By- Product Recovery Chemists, Film Timers, Film Cleaners and/or Waxers, Film Checkers, Laboratory and/or Studio Projectionists, Film Processors, Film Graders, Film Despatchers, Film Packers and Film Examiners, Supervising and other classes of Technician involved in Maintenance, Installation, Videotape, Lighting, Telecine or Audio Departments, Cinecameramen, Videocameramen, Set Designers, Graphic Artists, Co-ordinators, Stills Photographers, Floor Managers, Film Sound Recordists, Wardrobe Supervisors and Assistants, Set and Property Carpenters and Painters, Property men/women, Scenic Artists, Producers/Directors Assistants, Vision Switchers, Set Dressers, Hairdressers, Film Department Assistants, Studio Hands, Film/Videotape and Record Librarians, Property and Scenery Storemen, and all trainees and inexperienced adults employed in or in connection with television or videotape production houses; (e) In film and television distribution, persons employed in film release and control, statistics and contracts, film despatch, (other than officers in charge), projectionists, assistant projectionists, film packers, film checkers, film examiners, film cleaners and film splicers; and (f) Cinemas; (h) All persons employed or to be employed at World Congress Centre Melbourne and/or the Melbourne Exhibition Centre, other than the employees of contractors providing cleaning, car-parking, or food and drink services. together with such other persons, whether so employed or not as have been elected Officers and Industrial Staff of the Association and have been admitted as members thereof. The following persons, otherwise eligible for membership of the Association under Part B shall not be eligible for membership by reason of that Part: All persons employed or to be employed by Kirby Banner Pty Ltd (collectively trading as Movie World Enterprises) at the Movie World Theme Park, Movie Studios (except where such employees are engaged directly in the production of film or television programmes) and Wet'N'Wild Water Slide Complex at Oxenford in the State of Queensland. Part C: the following persons shall be also eligible for membership: Without limiting parts A, B, D or G of this rule and without in any way being limited by parts A, B, D or G: (a) The Association shall also consist of persons employed or engaged - 1. as journalists, authors, licensed or official shorthand writers, Hansard reporters and publicity and public relations officers; 2. in any branch of writing or drawing or photographic work for the press; 3. in the collection and/or preparation of news, and/or information on current events for broadcasting or radio transmission; 4. in any form of writing, collection and/or preparation of news and/or information on current events, or drawing or news photography for use in television services; 5. in any branch of writing or drawing or photographic work for publicity, published instructions or public relations purposes; 6. wholly or in major part as script writers, except those engaged solely, or in major part, in the preparation of advertising material for broadcasting or radio or television transmission; 7. in the Public Service of the Commonwealth or a State - (a) as journalists in writing and/or preparing matter for publication in newspapers, magazines, books or pamphlets and/or broadcasting and persons performing work of a similar nature as publicity officers or public relations officers; (b) as photographers, the greater part of whose duty is to take and prepare photographs for reproduction in newspapers and/or magazines. (b) Only those persons who constantly or regularly perform substantially the work specified in Clause (a) of this Rule, shall be eligible for membership. (c) Persons not eligible to be members of the Association are: 1. the Editor-in-Chief and the Editor of a metropolitan daily newspaper; 2. the chief of the general reporting staff permanently employed as such on a daily newspaper in a capital city; 3. a proprietor or part-proprietor of a newspaper who does not derive the major part of his or her income from salary or other remuneration for journalistic work. 4. Any person eligible for membership of the Theatre Managers' Association as at the 27th day of March, 1958. 5. Any person who is a member, staff member or special member of the Australian Federal Police. Part D: the following persons shall be also eligible for membership: Without limiting parts A, B, C or G of this rule and without in any way being limited by parts A, B or C: The Association shall also consist of an unlimited number of persons (a) who are employees or whose occupation is that of an employee in or in connection with the industry as set out in Rule 3, part C; (b) who are employees engaged in an industrial pursuit in or connected with the industry as set out in Rule 3, part C; (c) who are employees qualified to be employed in or in connection with the industry or to be engaged as employees in an industrial pursuit connected with the industry as set out in Rule 3, part C; (d) who are officers of the Association and who have been admitted as members of the Association. A person otherwise eligible under sub paragraph (c) of this part shall not be admitted as a member of the Association if such admission shall have the effect of causing the Association to cease being effectively representative of the members employed in or in connection with the industry and the members engaged in industrial pursuits in or connected with the industry. Provided that persons who are eligible to be members of the Association of Architects Engineers Surveyors and Draughtsmen of Australia in accordance with the registered rules of Association of Architects Engineers Surveyors and Draughtsmen of Australia as at 24 October 1978 shall not be eligible for membership of the Association under this part. Part E: The Association shall also consist of such independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the Association. Part F: No restriction or qualification under parts A B C D or G of this rule shall restrict or qualify eligibility for membership under any other parts of this rule. Part G: Part to reflect orders made under the Industrial Relations Act 1988 (now the Workplace Relations Act 1996) and recorded in Print N5128 For the purposes of this rule, the Live Theatre and Concert Industry shall mean all activities undertaken in or in connection with producing, presenting, or otherwise undertaking live theatrical, performance art, operatic, orchestral, dance, variety, revue, comedy, multi-media, choral, or musical performances, productions, presentations, workshops, rehearsals or concerts, including the provision, sale, service or preparation of food or drink and also including selling tickets by any means, for or in or in connection with any such performances, productions, presentations, workshops, rehearsals or concerts, and including the operation of venues or other facilities, whether permanent or temporary, utilised for such performances, productions, presentations, workshops, rehearsals or concerts, whether or not such performances, productions, presentations, workshops, rehearsals or concerts are performed or presented in the presence of an audience, or are recorded by any means. Notwithstanding anything elsewhere contained in this rule and without limiting Parts A, B, C, D and F of this rule and without in any way being limited by parts A, B, C, D or F, for the purpose of giving effect to the orders made on 18 September 1996 and recorded in Print N5128 and subject to further order of the Commission to vary or set aside the orders, with effect from 4 July 1997 the Association shall also be composed of: 1. persons employed or to be employed in all States and Territories of Australia other than Queensland in the Live Theatre and Concert Industry, 2. persons employed or to be employed in Queensland in the Live Theatre and Concert Industry, (i) who are eligible to be members of the Association by virtue of Part A, Part C or Part D of this Rule as at 1 January 1996; or (ii) who are employed at major performing arts venues in Queensland including but not limited to the Queensland Performing Arts Centre, and the Suncorp Theatre, or at companies or employers in receipt of subsidies from either Commonwealth or Queensland state arts funding bodies, including but not limited to the Queensland Theatre Company, the Queensland Opera, Queensland Ballet, and Dance North, or by companies engaged in the contracting of theatre technical and crewing services, or by the Tjapuki Dance Theatre; or (iii) who are employed at venues or by companies associated with institutions of higher learning and including persons employed by student unions or guilds; or (iv) who are employed in theatre restaurants; or (v) who are employed at the Gold Coast Arts Centre and at Jupiters Casino; or (vi) who are employed at venues or by employers in Queensland which are members of the National Association of Regional Performing Arts Centres other than at the NARPAC centre at Redcliffe Queensland. Part H: Notwithstanding the provisions of Part A, Part B, Part C, Part D, Part E and Part G of Rule 4, the following persons shall not be eligible for membership of the Union: All persons employed or to be employed by Village Sea World Operations Pty Ltd and Warner Sea World Operations Pty Ltd (collectively trading as Sea World Enterprises) at the Sea World Theme Park, Gold Coast and its associated facilities; and All persons employed or to be employed by Janola Dale Pty Ltd, its successors, assignees or transmittees at Dreamworld Theme Park, Coomera, Queensland.