The Australian Competition and Consumer Commission has issued a draft decision proposing to allow the Australian Writers Guild (AWG) to collectively negotiate model terms and conditions of engagement with the Screen Producers Association of Australia (SPAA).
The AWG represents approximately 2500 film and television writers in Australia. Performance writers are generally independent contractors who compete with each other to provide script writing and related services to producers on a freelance basis.
"The majority of performance writers do not have the contacts or expertise to secure funding to produce their own works without being attached to a producer. This authorisation will enable the AWG and SPAA to develop model terms and conditions that writers can use when negotiating contracts with producers," ACCC chairman Mr Rod Sims said.
"Collective bargaining can make negotiations easier for all parties and is likely to result in more efficient outcomes than a situation where each writer negotiates individually or accepts standard form contracts."
The ACCC considers that the collective bargaining arrangements are unlikely to result in any significant detriment as use of the model terms of engagement is voluntary for both AWG members and SPAA members, and the arrangements do not include collective boycott activity.
The ACCC is now seeking submissions on the draft determination. The ACCC's draft determination will be available from the ACCC website: www.accc.gov.au/AuthorisationsRegister
Authorisation provides immunity from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.