Motion Picture Production Agreement 2007-2009

Film Technicians, Production and Post Production Personnel

YOUR RIGHTS AT A GLANCE

Updated March 2007

The Motion Picture Production Agreement 2007-2009 is based on a 40 hour week.

Hours can be worked on any 5 day, Monday to Saturday.

Hours of work commence and finish at the employer’s usual place of business or place of call if an employee elects to travel  straight to the place of call.

The place of call must be a place within 20km of the GPO or within 20km of the employer’s usual place of business.

On location (i.e. more than 20km from the GPO or the employer’s usual place of business) time spent travelling to and from the location is regarded as time worked.

The 6 day week can only be scheduled in the following circumstances;

1. In the case of:

    (a) a location away from home, or

    (b) extenuating circumstances (and MEAA must be informed and agreement reached), or

    (c) production where the total engagement is 4 weeks or less.

2. In a capital city, only 1 week in 6 may be contracted as a six day week.

3. Where more than 70% of the crew are imported and the production is shooting outside Melbourne or Sydney.

4. 6 day weeks can only be contracted to a maximum of 10 hours per day.

The Alliance must be informed of any intended 6 day week contracts as early as possible.

Your gross wages should include:

Monday - Saturday Time and a half for the first 2 hours, double time thereafter.

Sunday Double time.

Any day exceeding 12 hours Triple time

An employee may be engaged to work 56.25 hours per week (5x 11.25 hours per day, exclusive of meal breaks), on television series, television serials, telemovies, mini-series and feature film productions creatively controlled by citizens or residents of the United States of America. This provision does not apply to preproduction, post-production and employees engaged in the construction and manufacturing departments.

Between 2 consecutive work days you must receive 10 clear hours. If you do not receive this break you are entitled to double time until a 10 hour break is taken.

9% of the gross fee must be paid into the Superannuation Trust of Australia or another fund that has the approval of the MEAA.

Superannuation is in addition to your wages.

Meals must be provided on location or the following allowances paid: as from 14 September 2006.

    Breakfast $ 12.50
    Lunch $ 14.10
    Dinner $ 21.50
    Supper $ 14.10

Breakfast applies if work starts before 5am, but a catered breakfast can be supplied to provide a full 5hrs work to lunchtime. This type of breakfast break is 30 mins, but only 15 mins is paid time. Supper is always a paid meal break.

Meal breaks should commence not later than 5 hours from the start of the work session or end of the last meal break, whichever is the later. If a meal break is not provided, a delayed meal break (DMB) must be paid at the rate of single time additional for all time worked from the time the meal break became available until the time it actually commences.

Where an employee is required to work beyond the time of their second meal break, that meal must be provided by the employer or the appropriate allowance paid.

Employees are entitled to paid rest periods of ten minutes during the morning and afternoon of each day, to be taken at times agreed between the employer and the employee(s).

If the location is within a 20km radius of the GPO, the location is considered to be the place of call and work time is calculated from the call location.

If a location is more than 20km from the GPO and an employee uses their own transport, with the agreement of the employer, then travel time to and from the location is paid at 1 minute per km for the distance between the 20km radius of the GPO and the location.

Alternatively, the employer may provide transport from their usual place of business (eg. production office) to the location, in which case work starts from the call time at the employer’s production office.

Where it is mutually agreed that the employee arranges his/her own transport, within a 20km radius, an allowance of $6.90 per day shall be payable in addition to minimum rates of pay.

When an employee on duty is required to drive any kind of vehicle of more than two tonnes tare he/she shall be paid a loading of $4.85 per day in addition to minimum rates.

Employees required to stay away overnight from their place of residence shall be provided with unshared modern motel-type accommodation or similar. Where this is impossible and an employee is accommodated in lesser accommodation, the following allowances shall be paid to each employee.

Where accommodation is provided at the standard of:

(i) a private home, homestead, or hotel with shared facilities or where unshared accommodation is not provided - $ 7.80 per day.

(ii) air conditioned caravans or air-conditioned and sewered camps - $ 15.70 per day.

(iii) shearers’ quarters, rough mining camps, or by camping - $ 31.20 per day.

Employees on location are entitled to a laundry allowance of $ 10.45 per day unless the employer provides a cleaning service.

After 12 months service you are entitled to four weeks leave plus 17.5% loading.

For less than 12 months service an employee is entitled to pro rata annual leave based on the number of weeks worked.

10 days per year – entitlement accumulates on a monthly basis.

An employee may use up to five days of any accrued personal leave each year to care for members of his/her immediate family or household who are sick and require care and support.

An employee may take up to 2 days compassionate leave when a member of the employee’s immediate family or household suffers an injury or illness which poses a significant threat to their life or dies.

You are entitled to public holidays (or the days observed as such) off without loss of pay.

If you work on a public holiday you are entitled to double time and a half (based on your contracted fee) for a minimum call of 4 hours.

There is a comprehensive safety code included in the agreement.

As part of this code each production must engage a safety consultant to write a safety report, an on-set safety supervisor and a stunt/sfx co-ordinator.

The primary responsibility for safety will fall on the production company.

To find out more about the safety code, your rights and responsibilities, call your local Alliance office.