ACCC proposes to allow freelance journalists to collectively negotiate with publishers

The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to the Media Entertainment and Arts Alliance to collectively negotiate the terms of engagement of freelance journalists with Fairfax Media Limited, ACP Magazines Ltd, News Limited and Pacific Magazines.

The MEAA proposes to negotiate minimum rates of pay, freedom to contract with other media organisations, and other contractual terms such as copyright and moral rights.

"While the publishers have not supported the application, under the proposed authorisation they remain free to choose whether to negotiate with the MEAA or deal with journalists individually," ACCC chairman Graeme Samuel said.

In addition, MEAA members may opt out of any collective agreement and negotiate individually with the publishers.  The proposed authorisation does not extend to a collective decision by freelance journalists to boycott a publisher if it refuses to take part in collective negotiations or for other reasons including a failure to reach a collective agreement.

The proposed authorisation simply removes the legal risk under the competition provisions of the Trade Practices Act 1974 to the MEAA and participating members if they were to engage in collective negotiations with the publishers.

Collective bargaining refers to competitors collectively negotiating terms and conditions with a supplier or customer. Without authorisation, it can raise concerns under the competition provisions of the Trade Practices Act 1974. Broadly, the ACCC may grant authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.

The ACCC's draft determination will be available from the ACCC website (www.accc.gov.au/AuthorisationsRegister) and by following the links to this matter.
The ACCC invites submissions from interested parties in relation to the draft determination before making its final decision. Parties wishing to make submissions should do so by 7 May 2010. Please refer to the website for further information about making a submission to the ACCC.