Is it right for your business?
Before you engage an artist or arts worker, take a moment to consider whether it's the right decision for your organisation or business.
For example:
- Can you support the costs of engaging an artist or arts worker(s)?
- Will there be enough work for them?
- Where will the work come from?
It's important to plan for workers alongside your broader business planning.
If you’re not yet set up as a business, learn more about starting and running a creative business.
Are there any constraints or limits?
When it comes to creative work, we often want to make more art, put on more shows, have finer costumes or go on longer tours.
But there are often things that constrain or limit what work can be done.
These constraints can arise from laws, income sources, industry practices, operational practices and consumer behaviours.
Common constraints in the arts
For creative organisations and businesses, common constraints include:
Funding
Many creative businesses and organisations receive funding from other organisations, such as government or philanthropic funding.
Funding may only be available for a limited period.
Funding can also come with conditions, such as applying only to specific activities, outcomes or expenses.
Funding arrangements may only support certain types of work activities or particular types of workers and work arrangements.
Seasonal or project-based
Many creative performances or projects may be for a short period or have an end date, such as a performance season, or the completion of a project.
This may limit capacity for ongoing and permanent work arrangements.
Consumer behaviour
Consumer behaviour or audience demand canimpact the availability of work in your business.
Think about what impact any change in consumer demand could have on the work you need done.
For example, you may have work for three workers one week, but only one worker the next.
Operational
Operational preferences for your business can influence a work arrangement.
For example, if you would like to have control over the work you want, having an employment arrangement rather than independent contractor arrangement may be a better fit.
Legal requirements
Legal requirements may determine how you engage somebody and what they can do.
For example:
- Workplace laws apply to employment arrangements — Learn more about workplace laws
- Work health and safety (WHS) laws apply to how work is done — For example, managing safety risks and dealing with injuries and incidents.
Do you know which work arrangement?
Work arrangements are the different types of work relationships between organisations, businesses and workers. For example, independent contracting, employment and volunteering are all different types of work arrangements.
Learn more about the different types of work arrangements.
Not all work arrangements are the same. You need to work out which one is right for the circumstances. To do this, you need to understand:
- the different types of work arrangements, and
- the type of work and duties you need done.
These things are also relevant when working out:
- how you will budget for the work arrangement, and
- your role in managing the work or worker.
Finding someone to do the work
Finding an employee for the job
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It’s ok to employ people based on word-of-mouth or because you know them — but decisions that are not open and transparent can be vulnerable to bias and may not always be in the best interests of your creative business or organisation.
Promoting fair creative workplaces also includes finding ways to make sure people from all backgrounds can participate.
Consider different approaches to recruitment such as engaging with community groups and promoting your vacancy with different community networks. The Creative Equity Toolkit has lots of resources about recruitment practices for a more inclusive arts sector.
When writing a job advertisement, using accessible, inclusive language can help make potential applicants feel they would be welcome and that their skills and experiences would be valued.
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You don’t have to include rates of pay in job advertisements, but sometimes it can help attract the right worker.
If you want to include the rate of pay in the job advertisement, make sure that the rate of pay is the same as or higher than the legal minimum rate for the job. It is unlawful to advertise a job at less than the legal minimum rate of pay for that job. Learn more about how to work out employee minimum pay and conditions.
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Job advertisements must be free from discrimination, unless you are engaging in targeted recruitment or recruitment for identified or designated roles in accordance with anti-discrimination laws.
Anti-discrimination laws prohibit discrimination in relation to employment. This includes discrimination against prospective employees. Learn more about workplace discrimination.
- Organisations and businesses have legal obligations to create a safe workplace for children and young people. If the employee will, or might, engage with children or young people, screen (check) them first to make sure they're suitable. Learn more about screening (checking) people working with children.
Finding an independent contractor to do the work you need
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Before you start your search for an independent contractor, it can be a good idea to come up with a scope of work. This is sometimes also called a creative brief or commission brief. It’s a description of the work, artwork, performance, service or product you want supplied.
A scope can be very useful when looking for an independent contractor to do the work you need.
- You can share it when doing call outs for proposals, submissions or quotes from artists and creative professionals to do the work. It can help your independent contractor provide a more accurate price for the work. Learn more about working out fees, payment and pricing.
- It can also help inform the contract you eventually agree on. Learn more about contracts.
Writing your scope of work in accessible, inclusive language can help make potential independent contractors feel they would be welcome and that their skills and experiences would be valued.
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There are lots of ways to find independent contractors. What works best will often depend on the type of work. For example:
- Referrals through your creative or industry network
- Job ads or notices
- Auditions
- Open tendering or calls for expressions of interest
- Social media
- Engaging with artist co-operatives
- Engaging with agents and agencies.
Consider using more than one way to find an independent contractor to attract the best talent.
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It’s ok to engage people based on word-of-mouth or because you know them — but decisions that are not open and transparent can be vulnerable to bias and may not always be in the interests of the creative business or organisation.
Promoting fair creative workplaces also includes finding ways to make sure people from all backgrounds can participate.
Consider different approaches to recruitment such as engaging with community groups and promoting your vacancy with different community networks. The Creative Equity Toolkit has lots of resources to help you widen your talent pool.
- Decisions about independent contractors must be free from unlawful discrimination. Unintentional discrimination can still be unlawful. Learn more about workplace discrimination.
- Organisations and businesses have legal obligations to create a safe workplace for children and young people. If the independent contractor will, or might, engage with children or young people, screen (check) them first to make sure they're suitable. Learn more about screening (checking) people working with children.
