Workplace relations in the screen industry

If parties encounter difficulties bargaining for a screen industry collective contract, they can ask the Employment Relations Authority (Authority) to help resolve their differences.

Screen Industry Workers Act

The Screen Industry Workers Act 2022 (the Act) allows contractors in the screen industry to bargain collectively, bringing screen industry workers' representatives and engagers' representatives to the table to bargain collectively for minimum terms of work.

Workers will still be able to negotiate individual terms based on skills and experience above any minimum terms set through collective bargaining.

The Employment New Zealand website has more information about the Act.

What work is covered by the Screen Industry Workers Act – Employment New Zealand(external link)

Authority role

The Authority can help resolve problems, such as those relating to individual contracts, by making a determination.

Determinations

If parties encounter difficulties during bargaining for a screen industry collective contract, they can seek help from the Authority to resolve their differences. The Authority can assist through:

facilitation; or
final offer arbitration to fix the terms of the collective contract.

Parties can also go to the Authority to enforce terms and conditions of a collective contract and penalise those who breach contractual obligations.

For occupational contracts, the Authority will:

decide whether to allow bargaining if satisfied there is sufficient support in favour of an occupational contract
assess the form and content of draft occupational contracts and their suitability for ratification.

When the Authority can facilitate bargaining

If parties remain at a standstill in relation to one or more terms of the collective contract, they can refer a dispute to the Authority for facilitation (with a member of the Authority as the facilitator). The Authority can help the parties reach an agreement if:

the dispute is interfering with the bargaining or the ability of the parties to conclude a collective contract; and
the parties have made sufficient efforts at mediation to resolve their difficulties.

If the dispute remains unresolved at the end of facilitation, parties may apply to the Authority for a determination.

Final offer arbitration

Fixing the terms of a collective contract

If parties are still unable to reach an agreement on the terms of the collective contract, they can apply to the Authority to fix the terms of the collective contract by final offer arbitration, but only after the parties have made sufficient efforts to resolve the dispute through:

mediation; and
facilitation.

Final offer arbitration is done either by a member of the Authority appointed by the Chief of the Authority, or a panel chaired by the appointed member of the Authority, and an equal number of nominees from the worker and engager parties to bargaining.

The arbitrating body will hear from both parties and determine the dispute to fix the terms of the collective contract. Once the arbitrating body has decided on the terms, these are final, binding, and enforceable against the parties.

Penalties relating to collective contracts

The Authority can order a penalty against a party to a collective contract for failing to comply with the terms or act in good faith or other obligations during bargaining. The Authority will follow the usual process for imposing a penalty and will consider relevant factors before making a decision. Parties could be liable up to:

$10,000 for an individual
$20,000 for a body corporate.

Occupational bargaining applications

Find out more about the screen industry bargaining applications:

Technicians (post-production)

Technicians (production)

Writers

How to apply

To initiate occupational bargaining, or to engage the Authority during bargaining for any of the occupational groups listed above, fill out the appropriate form below.

Attach the form to your application and email it to: screenworkers@era.govt.nz