Paul Rafferty v Eva Yvette Rinaldi t/a Human Statue Bodyart [2017] NSWIRComm 1069

Industrial Relations Commission New South Wales Medium Neutral Citation: Paul Rafferty v Eva Yvette Rinaldi t/a Human Statue Bodyart [2017] NSWIRComm 1069 Hearing dates: 14 November 2017 Date of orders: 17 November 2017 Decision date: 17 November 2017 Jurisdiction: Industrial Relations Commission Before: Commissioner Seymour Decision: Orders to pay unpaid performance fees plus interest Catchwords: Dispute pursuant to s 20 of the Entertainment Industry Act 2013 – payment of performance fees to performer – amount performer representative entitled to deduct for fee – requirement for entertainment industry management agreement to deduct more than 10% of total amount payable to performer Legislation Cited: Industrial Relations Act 1996, s 136 Entertainment Industry Act 2013, ss 4, 5, 6, 9, 11, 20 Entertainment Industry Regulation 2014, r 4 Category: Principal judgment Parties: Paul Rafferty (Applicant) Eva Yvette Rinaldi t/a Human Statue Bodyart (Respondent) Representation: I Spooner, Media Entertainment and Arts Alliance (Applicant) M Gentili (Respondent) File Number(s): 2017/266566

decision 1. This is an application by Paul Rafferty (Mr Rafferty) under s 20 of the Entertainment Industry Act 2013 (the Entertainment Act). 2. Mr Rafferty claims an amount is owed to him by the respondent Eva Rinaldi t/a Human Statute Bodyart ABN 58 622 462 184 (Ms Rinaldi) for work Mr Rafferty performed on a television commercial. 3. The application was listed for conciliation before me on 8 September 2017. There was no appearance by or on behalf of the respondent and I therefore made directions for arbitration of the matter. 4. Mr Rafferty filed an Affidavit on 28 September 2017 (Exhibit 1) and a Statement in Reply on 10 November 2017 (Exhibit 2). Ms Rinaldi filed a document in the form of a statement with annexures on 20 October 2017 (Exhibit 3). 5. Mr Rafferty did not appear but was represented at the hearing of the claim by Ms Spooner of the Media Entertainment and Arts Alliance (MEAA). Ms Rinaldi did not appear but was represented by a Business Consultant Mr Gentili. Neither Mr Rafferty nor Ms Rinaldi were required for cross-examination. Both parties made oral submissions. I have taken into consideration the evidence filed and the submissions in making this decision.