The Australian Competition and Consumer Commission has issued a decision allowing the Australian Writers' Guild (AWG) to collectively negotiate model terms and conditions of engagement with the Screen Producers Association of Australia (SPAA).
"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 Rod Sims said.
Model terms and conditions are likely to enable the AWG's 2500 member film and television writers to have more effective input into the terms and conditions of the contracts they negotiate with producers. This is likely to produce more efficient outcomes than might otherwise occur where writers negotiate contracts individually or accept standard form contracts.
Performance writers are generally independent contractors who compete with each other to provide script writing and related services, on a freelance basis, to producers in the film and television industry. 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.
The arrangements do not include boycott activity and the use of the model terms of engagement is voluntary for both writers and producers. As such the arrangements are unlikely to result in any significant detriment.
The ACCC's 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.