New Screen Industry Workers Bill

General / 18 March 2020
New Screen Industry Workers Bill

Since 2010, individuals working in the film production industry have been considered independent contractors, unless they have a written employment agreement.

This means that these workers are excluded from getting statutory leave entitlements (except for parental leave) and minimum wage rates.
Parliament is considering a New Screen Industry Workers Bill (Bill) which proposes to allow screen industry contractors to bargain collectively.

Summary of Bill

Key aspects of the Bill include:

  • Determining whether an individual is a contractor or employee will be decided based solely on the type of written agreement they have;
  • Duty on all parties to act in good faith by not misleading or deceiving each other;
  • Collective bargaining will be allowed for either an occupation within the industry or a particular production;
  • All workers will be required to have written agreements. These agreements will have to include clauses on contract termination and on how the organisation proposes to address bullying, harassment and discrimination;
  • Introduction of a system to support parties in resolving disputes; and
  • Broadening the coverage of the law to include those in television but excluding those who work in news, sport, music, live events as well as support staff such as those in accounting and marketing.

Message for Clients in this industry

We will keep you posted on the progression of the Bill in our InTouch newsletter. In the interim, if you run a business in this industry, it would be a good idea to look at the current terms of your workers agreements. Please contact us if you are unsure about whether your current arrangements comply with the law.

Disclaimer: We remind you that while this article provides commentary on employment law and health and safety topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.

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