The ACCC has granted interim authorisation to enable Screen Producers Australia (SPA) and its members to continue to collectively negotiate 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 interim authorisation will allow the parties to give effect to current agreements and make new agreements that contain existing model terms of engagement, and to collectively negotiate newer model terms of engagement. These model terms of engagement can cover 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. Independent contractors 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 conduct permitted by the interim authorisation is substantially similar to conduct that the ACCC authorised SPA to undertake in 2015. The authorisation expired in September 2020.
The ACCC considers it appropriate to grant interim authorisation while it considers SPA’s application for authorisation, noting that interim authorisation will maintain the status quo that existed under the 2015 authorisation, which only expired recently.
The ACCC expects to issue a draft determination in February 2021. Further information about the ACCC’s interim authorisation and SPA’s application for re-authorisation is available on the ACCC’s public register at: Screen Producers Australia.