We made this website for artists, arts workers and arts organisations. You can learn more about our role.
We have information about duties, laws and rights at work.
Artists and arts workers often juggle lots of different jobs. Arts organisations and businesses regularly engage different types of workers. There are different laws and obligations depending on where you are in Australia and what the work arrangements are.
We know it can feel overwhelming.
So before you start looking around, we suggest you take some time to read this page. You can also come back to this page any time as you’re learning about the topics we cover on this website.
It’s dry — but it will help you to know which laws do and don’t apply to you.
And once you know this, you can skip over the information that you don’t need and get straight to what matters.
1. What a ‘workplace’ is
On this website, we talk a lot about workplaces. The definition of ‘workplace’ is broad. It can vary slightly depending on particular laws, but generally speaking:
A workplace can be anywhere work happens.
It can include theatres, galleries, film sets, pubs and outdoor venues. It can include a studio with a single artist, or a home office. It can include tour buses and industry events.
If you’re doing a job creating, performing, rehearsing, planning or organising, you’re in a workplace.
There are a range of laws that impact workplaces, including laws that protect people who aren’t being paid to work there, such as visitors, audience members and volunteers.
2. The work arrangement
Work arrangements are the different types of work relationships between organisations, businesses and workers.
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Independent contractors run their own businesses and are their own boss.
They are also sometimes called freelancers, self-managed artists, independent artists, sole traders or contractors. Independent contractors don’t have the same rights and obligations as employees.
Learn more about independent contractors. |
Employment is a paid work relationship where:
Employees can be full-time, part-time or casual, ongoing or fixed term.
Learn more about employment relationships. |
Unpaid work arrangements include:
Done right, they benefit individuals and workplaces – but they are not a substitute for paid workers.
Learn more about unpaid work arrangements. |
Hobbyists are different from running a business or having a job.
They make art in their spare time for enjoyment, without intending to rely on the income or make a profit.
Hobbyists can make money from their art, but it isn’t the main reason they do it.
Only a genuine hobbyist can use a Statement by a Supplier form.
Learn more about hobbyists. |
It’s common for artists and arts workers to work multiple jobs with different work arrangements. This means you may have different rights and obligations for different jobs.
If you are a business or organisation, you might also have a range of different arrangements with different workers.
The first step is understanding which work arrangement applies in any given situation, so you can then follow the right laws.
In practice:
Colleen is an employee AND an independent contractor
Colleen is employed as a council librarian during business hours. Here she is an employee.
In the evenings, she offers private piano lessons to students from her home studio. Here she is an independent contractor.
The things she needs to consider about her work and workplace are different, depending on which one she is doing at the time.
Yan is an independent contractor AND has an unpaid arrangement
Yan is a self-employed wardrobe assistant working in film. Here she is an independent contractor.
Looking for a career change, she is also doing some unpaid work experience to give her some valuable skills and experience to help her. Here she has an unpaid work arrangement.
The things she needs to consider about her work and workplace are different, depending on which one she is doing at the time.
Maverick is an independent contractor AND an employee AND has an unpaid arrangement
Maverick is a freelance copywriter, proofreader and editor. Here they are an independent contractor.
They work as a bookseller 3 days a week in a retail book shop. Here they are an employee.
Every year, they volunteer at their writers’ festival in their home town. Here they have an unpaid work arrangement.
The things they need to consider about their work and workplace are different, depending on which one they are doing at the time.
Big Fun Festival has independent contractors AND employees AND unpaid arrangements
Big Fun Festival has a range of different arrangements throughout the year, including:
- employment relationships — with their core admin and programming team
- unpaid work arrangements — they have students who do work experience throughout the year, and volunteers during the festival
- independent contracting arrangements — technicians, crew and performers at festival time
The things they need to consider about each of these workers may be different, depending on which one worker they are dealing with.
Working it out
Sometimes it can feel unclear about where the line is between each of the different work arrangements. We have information to help you work it out.
Learn more about:
But this is how everyone else does it
Sometimes people offer or accept certain arrangements because that’s the way they’ve seen other artists, workers or organisations do things. This doesn’t necessarily mean it’s right.
With each new job, commission or engagement, it’s important to make sure the right work arrangement is used.
Using the wrong work arrangements can result in legal problems, which can be costly and take time to resolve.
3. Which employment system applies
If you’re an independent contractor, hobbyist or in an unpaid arrangement, you get to skip this part.
Head down to 4. What your WHS role is.
Employees and employers are covered by different employment laws in Australia, depending on:
- where the employer’s business is, and
- the business structure of the employer’ (e.g. pty ltd, sole trader, etc.)
The are 2 types of employment systems:
| The national employment system (or Fair Work system) | State employment systems |
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This is the set of laws and government agencies covered by the Fair Work Act. It covers:
If you are an employer or an employee who works for an employer described above, the information on this website about the ‘national employment system’ applies to you. |
The state systems refer to state workplace laws. They cover anyone not in the national system (Fair Work system). They’re sometimes called non-national system. They cover:
If you’re an employer, or an employee of an employer described above, the information on this website about the relevant system for your state applies to you:
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Still not sure?
You can ask:
- the Fair Work Ombudsman or
- the employment commission or tribunal in your state or territory. Their contact details are on our support for employment issues page.
Keep learning:
4. What your work health and safety role is
Everyone in a workplace has legal obligations to create a safe workplace.
To work out what yours are, you need to know what your work health and safety (WHS) role is in the workplace.
Your role might change if you work in different jobs. For example, if you are a freelancer or independent artist who works in different workplaces, or on different projects or collaborations, or do paid as well as unpaid work.
Learn more about WHS roles and duties.
