The ACCC has granted authorisation to enable Screen Producers Australia (SPA) and its members to collectively negotiate model terms of engagement with the Australian Writers’ Guild (AWG), Media Entertainment and Arts Alliance (MEAA), and the Australian Directors’ Guild (ADG) and the members of these organisations.
The conduct is substantially similar to conduct that the ACCC authorised SPA to undertake in 2015, which expired in September 2020.
The authorisation allows the parties to give effect to current and future agreements and make new agreements that contain current and future model terms of engagement, and to collectively negotiate new model terms of engagement. These model terms of engagement can cover areas such as minimum rates of pay, termination and dispute resolution processes, and arrangements covering copyright, moral rights and credit in artistic work.
SPA is an industry body that represents the interests of independent Australian film and television producers. Authorisation was sought because SPA members are often competitors and therefore acting together to negotiate model terms of supply gives rise to a risk that they will breach competition laws.
The ACCC considers the conduct will likely result in reduced transaction costs and improved input into model terms of engagement by producers which facilitates model terms of engagement which are likely to be mutually beneficial to producers, directors, writers, actors and technical crew. The conduct is unlikely to result in significant public detriment.
The ACCC has granted authorisation until 15 May 2031.
Further details about the authorisation is available on the ACCC’s public register at: Screen Producers Australia.