A Timely Reminder About SIWA
We had our first Check-In Tuesdays this past Tuesday and a number of editors were in the Zoom room.
One of the topics that came up was the mandatory clauses in the Screen Industry Workers Act. It seems that many producers are still in breach of the Act, which requires a written contract to be presented to a worker BEFORE they start their contract, with sufficient time for them to consider the terms being discussed, and to negotiate if the worker wishes to do so.
DEGANZ considers one week to be an absolute minimum for a worker to be presented with a contract for consideration. Two weeks should be the standard.
The Screen Industry Workers Act has been in place since the end of December 2022. That’s more than a year and a half ago. For producers to be continuing to break the law by not abiding by the requirements of the Act is no longer acceptable.
Here is what is required under the Act in regard to your individual contract:
Good Faith
All parties negotiating an individual contract, or undergoing collective bargaining, or who are in a work relationship, must act in good faith. This means not misleading or deceiving one another, or doing anything that could mislead or deceive one another.
Contracts In Writing
Engagers (producers/production companies) must ensure your individual contract is in writing.
Before entering a new individual contract, engagers must:
- give you a copy;
- give you reasonable time to seek independent advice and tell you that you can seek this advice; and consider any issues you raise in good faith.
- Once your contract is agreed, engagers must provide you a written copy “as soon as practicable”.
(these same rules apply if they wish to “vary” your contract)
Bullying, Discrimination, or Harassment
Your contract, agreement, or other arrangement, must not prohibit you (or any person acting on your behalf) from raising complaints.
Dispute Resolution
Plus, your contract must contain a clear process for raising and resolving complaints about bullying, discrimination, or harassment.
Health and Safety and Anti-Discrimination
All individual contracts must contain a term saying that both parties will comply with the Health and Safety at Work Act and the Human Rights Act.
Dispute Resolution
Your individual contract must include a clear process for raising and resolving disputes about your contract or workplace relationship. SIWA introduces a default dispute resolution system for resolving such disputes. Your contract must either use this default system, or another system agreed in your contract. If you can’t agree, the default system applies.
Termination Notice Periods and Compensation
Your individual contract must state what these are (if any).
Retaliatory Termination Prohibited
Retaliatory contract termination is prohibited. This means you cannot be terminated for exercising any right or power in your contract, SIWA, or any other Act, and engagers face penalties if they do so.
That includes but is not limited to your rights to:
- negotiate your contract in good faith; or
- raise a dispute about your contract or your workplace relationship; or
- raise a complaint about bullying (or instruct someone to do this on your behalf); or
- give information or evidence in relation to a complaint made by someone else (We hope this will help to eliminate ‘bystander culture’, improve support for complainants, and encourage everyone to regard harmful behaviours seriously) ; or
- insist that any other of your rights or powers (conferred by your contract, or any other Act) be adhered to.
For your added support, SIWA gives you the right to ask your worker organisation to act on your behalf for the purposes of resolving a dispute about your individual contract. If you are a DEGANZ member, you can call on us for this support.
If your rights are being breached under the Screen Industry Workers Act, we want to know about it. So please reach out and tell us.
Tui Ruwhiu
Executive Director
Last updated on 29 August 2024
