SCREEN-WORKER BILL LEVELS THE PLAYING FIELD
The Screen Industry Workers Bill, currently before the New Zealand Parliament, aims to reinstate important worker’s rights taken away by the ‘Hobbit law’. When the public were invited to have their say on the bill, actors jumped at the chance to play their part in the democratic process and change their industry for the better.
For the past decade, New Zealand actors have not had the same rights as other workers. In 2010, the government of the day passed legislation — the so-called ‘Hobbit law’ — so that nearly everyone working in the film sector was classified as independent, or self-employed, contractors. This made it illegal for groups of people doing the same jobs, like actors, to negotiate collectively for minimum working conditions or pay rates, and made it extremely difficult to fight against any unfairness or bullying.
Parliament is in the throes of considering new legislation — the Screen Industry Workers Bill — that would mean the industry is still a stable environment, where overseas productions are happy to invest, but is fairer for the people who work in it.
The bill is the result of years of discussions between key players in the sector, including producers and actors. If passed, it will mean that while workers are still independent contractors, they will be protected from bullying, harassment or discrimination on the job, and can collectively bargain.
“On the whole, it’s a good law,” says Equity New Zealand Director Denise Roche. “There are areas where it could be strengthened but even as it is, we think it will benefit hundreds, if not thousands, of people working in film and TV. While it prevent workers from going on strike, it also paves the way for Equity to negotiate for actors and legally enforce their rights on the job if facing any injustice.”
While the new legislation is endorsed by the screen industry at large, it still being considered by parliament. The bill was introduced in parliament in February and had its first reading in March, when 57 opposition MPs voted against it. The following month, the public were invited to make submissions.
“We said to members, ‘You are expert at what you do, and most people, including the politicians who make the law, are not’,” says Denise. “It was vital for members to make written and verbal submissions to the select committee. This is democracy in practice, with people affected by the law having their say. It was heartening to see the level of involvement by Equity members.”
In total, parliament’s Education and Workforce Select Committee received 212 submissions. Of these, 144 were from Equity members, 11 of whom went on to make verbal submissions, which you can watch here and here. The majority of Equity submitters were actors with more than 10 years experience; however, 22 submissions were from emerging practitioners under the age of 25, with less than two years experience.
The number of submissions can partly be attributed to the work of the Equity board, who used the lock down period during COVID to phone members and encourage them to put in a submission. “That one-to-one organising by our board reinforced the sense of community during that very difficult time, as well as generating submissions,” says Denise.
Twenty-year-old actor Helena Murphy-Reid made a written submission and appeared before the select committee in-person via a zoom hearing. “This bill is important for any actor in New Zealand, not just the up and comers,” she says. “We all deserve fairness in the work place and security in our chosen profession. A lot of people have had to deal with the repercussions of the Hobbit law for years and years. It’s important now more than ever that we rework the current laws and regulations so there’s more security for everyone when work opportunities do arise.”
John Callen, who has decades of industry experience as an actor and an employer of actors, was also among those who made a written and appeared before the select committee via zoom. “I felt compelled to make a submission by the dishonesty of the previous infliction of the Hobbit law and its effect on those working in the screen industry,” he says.
John says the strength of the new law is that it was created by the recommendations of the entire industry via the Film Industry Working Group, which includes reps from BusinessNZ, the Directors and Editors Guild of New Zealand, Film Auckland, Screen Production and Development Association, Screen Industry Guild, the Stunt Guild of New Zealand and Weta Digital, among others. “In fact, it seems the only people who disagree are the 57 opposition MPs who voted against it, who have nothing to do with the industry,” John says.
“The work our members do can be intermittent and insecure,” says Denise. “They may be vulnerable to greater exploitation as they are driven by a passion for their work. The lack of opportunity to use their craft means that competition can be fierce for roles, exacerbating the imbalance of power between producers/directors and actors. Fear of being considered difficult — or, worse, being blacklisted — can make the process to negotiate an individual contract problematic.”
According to research commissioned by Creative New Zealand, the median wage earned by creative professionals in 2018 was $35,800, compared to the median wage for all New Zealanders of nearly $52,000. The research also showed that if secondary income was not taken into account, the median income for creative work was $15,000 per year.
“This bill will contribute to making the careers of our screen-sector professionals more sustainable,” says Denise. “Currently, many hang onto their careers by a thread because of the pressures of working in this industry.”
Actor Lucy Wigmore says working in the UK and Australia, where there are collective bargaining rights and fair terms and conditions for actors, gave her a different perspective on how things could be in New Zealand. “I felt it was important that I share those observations with the select committee,” she says.
In her submission, Lucy wrote: “What requires a rethink is an attitude that persists in this industry — that because many of us have chosen a profession that we enjoy, we are essentially happy to do it for free. And while most of us are very generous with our time on low/no-budget projects, I firmly believe that being paid fairly for the work that you do shouldn’t be something that is unobtainable for people who work in the arts. And as individual contractors who need a job to feed our families, we are often at the mercy of larger, more powerful bodies who dictate fees and working conditions.”
Lucy says she is “heartened” by the introduction of the bill: “It allows the ability for minimum standards, rates and conditions to be agreed and set industry-wide. I believe that this will provide more transparency, certainty and clarity to productions from both New Zealand and abroad. And I hope that it allows vulnerable members of the industry to be fairly recompensed and properly protected.”
The next step is that each part of the bill is debated in parliament and amendments can be made to the original draft during a process called the Committee of the Whole House. After that, the bill is read (debated and voted on) for a third and final time. Once it is passed, it will be published and a date set for when it takes effect.
“The protections in this bill, together with the restored right to bargain collectively, are a huge step in the right direction towards creating a fairer environment for all screen-industry workers.” says Denise.
“This bill is the most significant piece of legislation I’ve seen that will positively affect the lives of all working actors in New Zealand,” says Equity Vice President Fasitua Amosa, an actor with 20 years’ experience.
“Actors in New Zealand are so used to being treated as if our profession is an expensive hobby. It’s not. We are working actors and we deserve to have the protections and benefits afforded to other workers. To date, the best we’ve had is unenforceable ‘guidelines’ and being told that it is illegal to negotiate with us because it’s ‘price fixing’. This bill will give our industry clarity, certainty, stability and, finally, some long overdue protections for actors.”
Lizzie Franks is the editor of The Equity Magazine. You can read all submissions to the Select Committee here.
