The ACCC has granted authorisation to enable the Australian Directors' Guild (the ADG) and its members to collectively negotiate model terms of engagement with Screen Producers Australia (SPA) and its members.
The ADG is a not-for-profit industry organisation that represents the interests of film, television, streaming, and digital media directors. Authorisation was sought because the ADG's members are often competitors and therefore acting together to negotiate model terms of engagement gives rise to a risk that they will breach competition law.
The conduct is substantially similar to conduct that the ACCC authorised ADG to undertake in 2015 until September 2020, and is intended to operate in conjunction with an authorisation granted by the ACCC to SPA on 23 April 2021 to enable it to collectively bargain with the ADG.
The authorisation will allow the parties to recommence negotiations on model terms of engagement between directors and producers, and to create and give effect to contracts and arrangements which contain these model terms of engagement.
The model terms of engagement may include the rates and terms of pay, copyright and moral rights, credits, royalty and residual payments, conditions of employment, accommodation, travel and transport, rights of termination and dispute resolution.
The ACCC has granted authorisation until 21 October 2031.
Further information about the ACCC’s determination is available on the ACCC’s public register at: Australian Directors' Guild Ltd