This is a reminder that the Screen Industry Workers Act (SIWA) came into force on 30 December, 2022 and is now law.
The Screen Industry Workers Act (SIWA) provides a new model, developed by industry and supported by Government, to allow screen industry contractors to bargain collectively. The Act came into force on 30 December 2022.
SIWA is designed to restore the right of screen workers to collectively bargain, and to establish enforceable contracts with mandatory terms.
SIWA is for contractors in the screen industry only. Employees in the screen industry, carry on!
It’s important to note that, even before any collective bargaining has taken place, certain aspects of the law already apply to screen industry contractors. Most notably this includes the requirement for all contractors to now have written contracts containing certain mandatory terms(highlighted below).
Per the Ministry of Business, Innovation and Employment (MBIE), these are the key aspects of the new law:
- Whether a screen production worker is a contractor or an employee is determined solely by the type of written agreement they have. A “screen production worker” is a person involved in the creation of films, programmes, commercials and games.
- Contractors doing screen production work must have written contracts with mandatory terms about contract termination and protection from bullying, discrimination and harassment.
- A duty of good faith requires parties to a contract not to mislead or deceive one another.
- Contractors doing screen production work can bargain collectively in their occupational groups and at the production/company level.
- A tiered dispute resolution system supports parties to resolve issues that may arise, including access to mediation and facilitation.
If parties encounter difficulties bargaining for a screen industry collective contract, they can ask the Employment Relations Authority (Authority) to help resolve their differences.
For more information visit nzwg.org.nz