Microsoft Word - App B 2-1 ACTORS FEATURE FILM AGREEMENT

Screen Producers Australia

Application for Authorisation

(non-merger)

Appendix B 2.1

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

ACTORS FEATURE FILM

COLLECTIVE AGREEMENT

Agreement between

Screen Producers

Australia and

Australian Writer’s

Guild

screenproducersaustralia.org

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

This Agreement and attached standard contracts are the intellectual

property of Screen Producers Australia and the MEAA. Only Producer

members of Screen Producers Australia are licensed to use this

Agreement to contract crew in accordance with the terms and conditions

set forth in this Agreement.

You may not sell, copy, exchange, transfer, publish, distribute or assign

this Agreement or any part thereof, nor transfer or sub-licence your rights

under this licence, to any third party.

If you are not a Producer member of Screen Producers Australia you can

use this agreement by:

- Joining Screen Producers Australia or - purchasing a temporary

membership

For details go to: www.screenproducersaustralia.org.au

If you use this agreement without being a Screen Producers Australia

member you are in breach of the Screen Producers Australia and MEAAs

intellectual property and either party may take action to protect its rights.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

ACTORS FEATURE FILM

COLLECTIVE AGREEMENT BETWEEN

…………………………………………..

AND

MEDIA ENTERTAINMENT AND ARTS ALLIANCE

2012

1. TITLE

This Agreement shall be known as the Actors Feature Film Collective Agreement, 2012

2. ARRANGEMENT

Clause Subject Matter

17 Absence from duty

8 Adjustment of rates of pay and allowances

16 Annual Leave

46 Anti-Discrimination

2 Arrangement

9A Artists to carry out duties within limits of skill etc.,

38 Auditions - screen tests - interviews

19 Cancellation and postponement

34 Climatic Allowance

25 Credits

42 Dancers

6 Definitions

48 Discussions During the Term of the Agreement

5 Duration and locality

45 Enterprise Flexibility Arrangements

27 Facilities

4A Favoured Nations

10 Hours of Work

3 Industry - scope

22 Insurance compensation

7 Interpretation

23 Late arrivals

15 Lay Days

39 Loading for rights

14 Meal breaks and rest periods

32 No commercial tie-ups may be required

49 No extra claims

21 No hazardous/dangerous performance

18 Notice of Call times

41 Nudity/Sex simulated scenes

11 Overtime and penalty rates

4 Parties bound

39B Payment by MEAA of Residuals to Performers

28 Payment of wages

31 Preference of Employment

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

43 Publicity/promotion

37 Rates are minimum rates

33 Rates of pay

36 Rehearsals and other special calls

39C Reporting and Payment Procedure

39A Residuals Fees

30 Right of entry

39D Sale of the Film

12 Saturdays, Sundays and public holidays

47 Smoking

44 Storage of personal effects

40 Superannuation

24 Termination of Engagement/Employment

9 Terms of engagement

29 Time and wages record

1 Title

13 Travelling, accommodation, transport

26 Wardrobe, make-up

20 Work in one production only

35 Work in other countries

Schedule A

Standard Contracts of Engagement / Employment

Schedule B

Settlement Procedure

Appendix 1 Signatories

3. INDUSTRY - SCOPE

(a) Subject to Clause 48, this Agreement relates to the minimum fees, salary, wages,

expenses, overtime and any other remuneration to be paid to, and the conditions of

engagement of Artists engaged by the Producer to work (Rehearsal, Performance

and all other work) in or incidental to the production of any Film.

(b) This Agreement applies only to those productions which are produced with a genuine

intention of a primary theatrical release.

4. PARTIES BOUND

(a) This Agreement shall be binding upon SPAA, IPI Inc, SPAA Members and IPI Inc

Members from time to time who are Producers and MEAA and its members from

time to time who are Artists, and on Artists who are not members of MEAA but who

have signed a contract in accordance with Schedule A.

(b) The Producer undertakes that this Agreement will apply to any separate associated

or affiliated company set up by the Producer for the purposes of producing feature

films and employing performers. The Producer undertakes to take any practical

steps necessary to ensure that this occurs.

4A FAVOURED NATIONS

(a) Subject to Clause 4A(b), in the event that MEAA enters into an agreement in relation

to a Film with a Producer who is not a SPAA Member or an IPI Inc Member on terms

that are more favourable to the Producer than the terms provided herein, MEAA will

disclose to SPAA and IPI Inc the terms of such agreement and MEAA will give SPAA

and IPI Inc. the opportunity to agree to all the terms of such agreement. If such

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

agreement is agreed by both SPAA and IPI Inc, then such agreement shall replace

this Agreement.

(b) Clause 4A(a) does not apply to any Film described in Clause 48(a)(i) and (ii).

5. DURATION AND LOCALITY

(a) This Agreement shall come into operation from the beginning of the first complete

pay period commencing on or after January 1, 2012 and shall remain in force until 31

December 2014 and thereafter shall continue in operation until such time as it is

varied or replaced by agreement of the parties or until such time as it is terminated

by SPAA giving MEAA not less than 12 weeks notice in writing that this Agreement

is to terminate, or by MEAA giving SPAA not less than 12 weeks notice in writing that

this Agreement is to terminate.

(b) This Agreement shall apply in all states of Australia and its Territories.

6. DEFINITIONS

"Ancillary Rights" means the right to exploit the copyright of the Film by the

owner of that copyright for any or all purposes (excluding

Theatrical Rights and by means of Free Television and Pay

Television) including but not limited to usage in ships at sea,

aircraft, buses, or hotels and for usage on home video, foreign

pay television, closed circuit television, video cassettes, video

cartridges, video discs, linear webcasting, wire transmissions

including:

(i) a service (including a teletext service) that provides no

more than data, or no more than text (with or without

associated images); or

(ii) a service that makes programs available on demand on

a point to point basis, including a dial up service,

and

(iii) any other form of mechanical and/or electronic

reproduction now known or hereafter devised.

"Artist" means each and all of those persons engaged by the

Producer to take part audibly and/or visually in the production

of the Film including Performers, Doubles, Extras, Stand-Ins

and Stunt Double.

“Australian Ancillary Rights”

means the exercise of Ancillary Rights in the territory of

Australia and “Australian Ancillary Market” shall have a

corresponding meaning.

"Australian Creative Control"

means that creative decisions relating to (but not limited to)

story line, casting, direction and other aspects of production

are made by resident Australian managerial personnel and

companies. For the purpose of this definition, key creative

decisions do not include the exercise of Customary Rights of

Approval. In addition, the nationality of the director will be

relevant only if that person is given creative control by

contract.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

“Australian Film” means a feature film subject to Australian Creative Control

where creative decisions relating to (but not limited to) story

line, casting, direction and other aspects of production and

financial decisions in respect of the Film are made by resident

Australian managerial personnel and companies. For the

purposes of this definition, references to “creative decisions”

do not include the exercise of Customary Rights of Approval.

“Australian Pay Television Rights”

means the exercise of the Pay Television Rights in the

territory of Australia and “Australian Pay Television Market”

shall have a corresponding meaning.

"Basic Negotiated Fee" and “BNF”

means the minimum weekly, daily or hourly rate for a

Performer set out in Clause 33 plus the Performer's additional

margin for skill. The Basic Negotiated Fee will be the rate

upon which all non-Performance work, ie. Rehearsals,

wardrobe calls, publicity appearances etc. shall be based.

"Call" means an instruction after engagement by the Producer to the Artist to report for

work at a definite time and date for a definite period for the

purpose of rehearsing for and/or performing in the Film

covered by this Agreement or for any purpose connected

therewith.

"Composite Fee" means the minimum weekly, daily or hourly rate for a

Performer which comprises the Basic Negotiated Fee on to

which has been added the appropriate loadings, if any, as set

out in Clause 33 and Clause 39.

“Co-Production” means a film in respect of which key creative decisions

relating to the story line, casting, direction and other aspects

of production etc., and financial decisions are shared by

Australians and overseas managerial personnel or

companies.

"Crowd" has the same meaning as “Extra”.

"Customary Rights of Approval"

means where a Producer submits to an Offshore source of

financing (by way of investment, negative pick-up, presale or

other advance distribution agreement) the following elements

for approval:

(i) Major Cast;

(ii) Heads of Department;

(iii) Final shooting script;

(iv) Production budget and production plans;

(v) Director’s cut;

(vi) Final cut.

Notation:

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

(A) It is understood that "Customary Rights of Approval" as

defined generally operate in circumstances where

overseas finance is being sought.

(B) "Customary Rights of Approval" as defined also

operate in respect of Categories "A", "B" and "C".

“DoA” means the Federal Department of the Arts (DoA) or such

other government department exercising jurisdiction over the

matters contained in the DoA Guidelines from time to time.

“DoA Guidelines” means the guidelines issued by DoA from time to time

regarding the entry of foreign artists into Australia for the

purposes of employment in film and television productions.

"Double" means an Artist who takes the place of another Artist but who

does not speak dialogue used in the Film and is not

photographed in a manner which enables recognition but

excludes a Stunt Double.

"Dubbing" means the post-production process of recording over the

original production recording of the whole or part of a

Performer’s voice for the purpose of recording an accent or

dialect or language different from the accent or dialect or

language used by the Performer in the original production

recording.

"Engagement" means the aggregate number of Calls required of any Artist

to complete a Performance.

"Extra" means an Artist who is part of a crowd, mob, ensemble or

atmospheric scene and who appears only incidentally or in

backgrounds, and who does not speak dialogue except in the

mass, and who is, in accordance with industry practice, not

featured, provided that the Producer may for the purpose of

authenticity invite members of the public in civilian dress to

join in a scene and such member of the public shall not be

regarded as an Artist and shall not otherwise be covered by

this Agreement.

“Film” means a Category A, B or C feature film as defined in Clause

33B and which is made wholly or largely in Australia.

“Film’s Net Profits” means the proceeds from the exploitation of the Film in all

media throughout the world (net of third party distribution and

marketing commissions and expenses and net of GST)

available for distribution to the investors and the Producer

(including any co-producer and assignee) following

recoupment by the investors of their respective investments

(and interest and premium if applicable) and following

repayment of any bona fide deferments approved by the

investors in the Film and following repayment of any amounts

due to any completion guarantor and, where applicable, as

otherwise specified in the principal production and investment

agreement for the Film within generally accepted industry

standards. The definition of “Film’s Net Profits” shall be

favoured nations with all other parties entitled to a share of

the Film’s Net Profits.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

“Free Television” means broadcasting the Film free of charge to the general

public and includes associated community antenna reception.

“Free Television Rights” means exploitation of the Film by means of Free Television.

“FW Act” means the Fair Work Act 2009 (Cth).

“FWA” means Fair Work Australia.

“IPI Inc” means the Independent Producers Initiative Inc.

"IPI Inc Members" means those persons who are members of IPI Inc at any time

during the term of this Agreement, and who presently

comprise the persons described as "IPI Inc Members" in

Appendix 1.

"Juvenile" means an Artist who is less than 16 years of age.

“NES” means the National Employment Standards as contained in sections 59 to 131 of

the FW Act.

"Making-Of Film" means any documentary or promotional film about the making

of the Film of less than or equal to sixty (60) minutes duration

and includes any so-called “behind-the-scenes”

documentaries or promotional film but does not include the

trailer for the Film.

"MEAA" means the Media Entertainment and Arts Alliance.

“Offshore” means outside the territory of Australia.

"One-off productions" means tele-plays, feature films, telemovies, mini-series, docu-

dramas and dramatised and scripted corporate video/training

films of more than 20 minutes duration that are fully scripted

and professionally produced.

“Pay Television” means broadcasting the Film by means of a service that:

(i) provides films and programs that, when considered in

the context of the service being provided, appear to be

intended to appeal to the general public;

(ii) are made available to the general public but only on

payment of subscription fees (whether periodical or

otherwise).

“Pay Television Rights” means exploitation of the Film by means of Pay Television.

"Performance" means the work done by an Artist in the Film.

"Performer" means an Artist other than each of the Artists within the

following categories: "Crowd", "Double", "Extra", "Stand-In",

"Supernumerary" and "Walk-on Extra".

"Performer Class 1" means an Artist who takes part in a performance and/or is

engaged to take part in a rehearsal for a performance who is

required to speak more than two lines of dialogue and who

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

has the necessary skills to the required standard to effectively

audition, prepare, rehearse and perform the role required.

Indicative Tasks:

Audition

 take direction with minimum instructions;

 integrate rapid instructions in an instant performance;

 present character effectively and instantaneously.

Preparation

 analyse character in terms of script and scene

requirements;

 find appropriate emotions to express script

requirements;

 interpret demands of production.

Rehearsal

 integrate skills to production and character

requirements;

 take direction and interpret instructions and display

necessary flexibility, versatility and adaptability;

 communicate effectively and develop professional

working relationships with the Director, other

Performers and production staff.

Performance

 achieve the quality of performance to the required

standard and be able to repeat performances to that

standard;

 maintain the emotional, physical and vocal continuity

required for the performance;

 perform convincingly under diverse and adverse

physical and mental conditions.

"Performer Class 2" means an Artist who takes part in a performance and/or is

engaged to take part in a rehearsal for a performance, who is

required to speak more than two lines of dialogue and:

(i) possesses the skills of a Performer Class 1; and

(ii) has worked professionally for a minimum as five (5)

years as a performer; and

(iii) has gained one hundred and fifty (150) points under the

Experienced Point Structure as set out below:

EXPERIENCED POINTS STRUCTURE

Points are awarded on the basis of the length of the engagement and the area of the

industry in which the engagement took place. The following table sets out how points

are awarded:

CATEGORY TYPE OF PRODUCTION LENGTH OF

ENGAGEMENT

POINTS

1 Serials (as per definition in

Actors Television Programs

Agreement)

13 weeks and

under

2 points

per week

more than 13

weeks

1 point per

week

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

2 Series (as per definition in

Actors Television Programs

Agreement)

(also includes sit-coms and

sketch comedies)

13 weeks and

under

3 points

per week

more than 13

weeks

2 points

per week

3 One-off productions: (as

defined)

eg. Film, Telemovie. Mini-

Series, Docu-dramas,

Dramatised corporate

videos (more than 20 mins)

4 points

per week

4 Theatre 13 weeks and

under

3 points

per week

more than 13

weeks

2 points

per week

Notes: Professional Experience

(1) Professional experience is to be calculated from the date of the

performer’s first professional engagement.

(2) Where the performer has completed a relevant undergraduate

degree or diploma at NIDA, VCA, WAAPA or equivalent tertiary

institution, which is ranked by the Register of Australian Tertiary

Education at level four or higher, the five (5) years experience

requirement will be reduced to three (3) years.

(3) Where the performer has undertaken an appropriate amount of

relevant training at a private or public institution and/or through

private tuition, the five (5) year requirement 1 will be reduced to

four (4) years. Examples of institutions offering “relevant training”

would include the Australian Theatre for Young People, St

Martins and the Actors' Centre.

(4) Where a dispute arises as to whether a particular training course

can be considered ‘appropriate’ or whether the training offered

by the institution is relevant, the matter may be referred to the

‘Performer Classification Committee’ to consist of equal numbers

of representative(s) of MEAA on the one hand and of SPAA/ IPI

Inc (jointly) on the other and an independent chair agreed to by

the parties.

Single Days

(5) Single days are to allocated points on a pro-rata basis. For

example, a performer will earn .8 point for a single day

engagement on a Film - (Category 3 production).

(6) However where the performer is engaged for a single day or

day/s in a significant role and/or concentrated performance, s/he

may negotiate with the Producer of that production for the work

to be credited a greater number of points.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

Limit on One-off Productions

(7) No more than 50% of points may be achieved on any single one-

off production (Category 3 production).

Limit on Points from Theatre - Category 4 productions

(8) A performer must earn a minimum of 30% of their points from

work in productions from Category 1, 2 and 3.

(9) Where the performer has a minimum of 10 years experience in

the industry as a performer the provisions of Clause (8) do not

apply.

Eligible Productions

(10) Points are only awarded for work on fully professional

productions.

(11) Points are only available to persons engaged as performers, and

not for engagements as Extras, Walk-On Extras or Stand-Ins.

(12) Commercials, documentaries, non-dramatic corporate videos

and other productions are ineligible productions for the purpose

of the 150 point score.

(13) Dramatised corporate videos of at least 20 minutes in length,

scripted and professionally produced will count as eligible

productions and are to be categorised as a Category 3

production.

Administration

(14) At the introduction of the Performer Class 2 point classification

system, a committee consisting of equal numbers of Producers

jointly nominated by SPAA/IPI Inc on the one hand and

individuals nominated by MEAA on the other (collectively “the

Industry Committee”) shall be formed to nominate those

performers who will be classified immediately as ‘Performer

Class 2’ and those who will not be required to verify their

experience as provided for in Clause (16) below.

(15) Where a performer has not been classified as Performer Class 2

by the Industry Committee, s/he shall provide the Producer with

information verifying his/her status when claiming to be a

Performer Class 2.

(16) To verify his/her status as a Performer Class 2 a performer shall

provide the Producer with either:

(i) A Statutory Declaration

The statutory declaration shall include:

· Artist’s name

· Agent (where applicable)

· Contact details

· Names of eligible productions in which employed as a

performer

· Name of producer for each production

· Length of Artist’s engagement for each production

· Attributed points gained through the engagement.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

(ii) A Log Book

The log book shall set out the information contained in sub-

clause (i) above and shall be signed by each producer

verifying that the engagement has been completed.

(17) Any Producer may request additional information including

extracts from relevant contracts.

(18) Once a performer has been classified as a ‘Performer Class 2’

by either the Producer as per Clause (16) or by the Industry

Committee as per Clause (14), that performer shall remain a

‘Performer Class 2’ for the duration of his/her career.

Disputes

(19) Where a Producer and a Performer cannot agree on whether the

Performer should be classified as a ‘Performer Class 2' they may

refer the matter to an Independent Arbitrator to be nominated by

SPAA/IPI Inc and MEAA.

Changing Status

(20) Category 3 Productions (one-off productions)

Where in the course of an engagement in a Category 3

production, the performer achieves the necessary points to

graduate to the Performer Class 2 classification, the performer

will continue to be classified as Performer Class 1 for that

engagement until its completion.

(21) Category 1 and 2 Productions (on-going productions - series or

serial)

Where in the course of an engagement in excess of thirteen (13)

weeks duration in a Category 1 or 2 production, the performer

achieves the necessary points to graduate to the Performer

Class 2 classification, the performer will graduate to the

Performer Class 2 classification after the completion of the

thirteen (13) week block in which the 150 points were achieved.

"Pick-Up Point" means the studio of the Producer, or where production is not

based in a studio, the production office, provided that such

studio is within a radius of thirty-two kilometres of the GPO of

the capital city or regional town in which the Performer

resides. Should the studio or production office be located in

excess of the said distance of thirty-two kilometres then the

pick-up point shall be within thirty two kilometres of the said

GPO from which point the Producer shall be required to

provide transport to and from the place of work. Provided that

the pick-up point shall be reasonably convenient to the

nearest means of public transport.

In the case of interstate or country Artists, the pick-up point

shall be the transport terminal at which the Artist arrives or the

place of overnight accommodation should the Artist have to

stay overnight, provided that the Producer and MEAA may

agree to a pick-up point beyond thirty-two kilometres.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

"Place of Accommodation"

means the place where an Artist temporarily resides overnight

when s/he has travelled away from his/her place of residence

in the course of his/her employment.

"Place of Residence" means the address at which the Artist usually resides.

"Post Synchronisation" means the post-production process of recording over the

original production recording of the whole or part of a

Performer’s voice for the purpose of amendment or correction

(including, but not limited to, amending dialogue and

increasing the clarity or audio-quality of the Performer’s voice)

but does not include Dubbing.

"Producer" means an individual or legal entity that produces a Film.

“Producer’s Share of Film’s Net Profits”

means the balance of Film’s Net Profits after deduction of any

share payable to any bona fide arms length provider of

development assistance and any investor, lender or

distributor of the Film. The definition of “Producer’s Share of

Film’s Net Profits” shall be favoured nations with all other

parties entitled to a share in the Producer’s Share of Film’s

Net Profits.

"Rehearsal" means the work done by an Artist in preparation for his/her

Performance in the presence of and under the direction of the

Producer.

"Reporting Period" means the six monthly periods ending on the 30th June and

31st December in each calendar year.

"Residual Fee" means any monies due and payable to MEAA under Clauses

39A.1 to 39A.3 (inclusive) and clause 39F in respect of the

exercise of the rights described under those Clauses.

"Semi-Nude" means where the Artist's genitalia, buttocks and/or breasts (in

the case of female Artists) are uncovered.

"SPAA" means the Screen Producers Association of Australia.

"SPAA Members" means those persons who are members of SPAA at any time

during the term of this Agreement, and who presently

comprise the persons described as "SPAA Members" in

Appendix 1.

"Stand-In" means an Artist who replaces another Artist for the purpose

only of Rehearsal and/or technical set-ups such as lighting,

camera angles etc.

“Stunt Double” means an Artist who takes the place of another Artist for

safety reasons or to perform or to engage in hazardous

action.

"Supernumerary" has the same meaning as “Extra”.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

"Theatrical Rights" means the right to rent, lease, license, exhibit, distribute and

otherwise deal in and with respect to the Film on any gauge

released for public exhibition.

"US Major" means any US major as that term is commonly understood

within the US film industry from time to time (including their

subsidiaries), presently comprising 20

Century Fox,

Universal Pictures, Disney / Buena Vista, MGM/UA, Sony

Pictures, Warner Bros, Paramount Pictures and DreamWorks

and their subsidiaries (including Fox Searchlight and Focus).

"US Mini-Major" means any US mini-major as that term is commonly

understood within the US film industry from time to time

(including their subsidiaries), presently comprising New Line,

Miramax Film Corporation, Intermedia and Lions Gate.

"US Network" means any or all of stations known and recognised as the

N.B.C, A.B.C., Fox or C.B.S. Networks or any other entity

which qualifies as a “network” under the rules of the US

Federal Communications Commission and a telecast on a

U.S Network shall be telecast over the full facilities of one of

these Networks.

"US Studio" means any US Major and any US Mini-Major.

"Walk on Extra" shall have the same meaning as “Extra”.

7. INTERPRETATION

In the interpretation of this Agreement unless the context requires otherwise:

(a) words importing the masculine gender shall be deemed to include the feminine and

the singular to include the plural and vice-versa unless there is something repugnant

or inconsistent with such interpretation;

(b) clause headings will be disregarded;

a corresponding meaning;

(d) the word ‘person’ includes a natural person, the estate of a natural person, a

company, a government, statutory or other authority, an association or joint venture

(incorporated or unincorporated), a partnership and a trust;

(e) a reference to any person or to any party includes that person’s or party’s executors,

administrators, successors or permitted assigns;

(f) references to any ‘party,’ ‘clause’, ‘schedule’ or ‘annexure’ are references to a party,

clause, schedule or annexure of or to this Agreement and a reference to this

Agreement includes any and all schedules and annexures;

(g) the word ‘includes’ in any form is not a word of limitation.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

8. ADJUSTMENTS OF RATES OF PAY AND ALLOWANCES

(a) The rates of pay for Performers set out in this Agreement shall be increased by the

following percentages over the term of this Agreement in accordance with the tables

set out in this Agreement:

(1) from 1 January 2012 – 30 June 2013: 10.5% increase (on the rates of pay

applicable during the period from 1 January 2009 until 31 December 2011

under the Actors Feature Film Agreement 2003). This wage increase will be

payable in the following increments:

(a) from 1 January 2012 to 30 June 2012: 3% increase;

(b) from 1 July 2012 to 31 December 2012: 3.5% increase; and

(2) from 1 July 2013 to 31 December 2014: 7% increase (on the rates of pay

applicable during the period 1 January 2013 to 30 June 2013). This wage

increase will be payable in the following increments:

(a) from 1 July 2013 – 31 December 2013: 3.5% increase; and

(b) from 1 January 2014 to 31 December 2014: 3.5% increase.

(b) The rates of pay for Double, Stand in’s and Extras set out in this Agreement shall be

increased by the following percentages over the term of this Agreement in

accordance with the tables set out in this Agreement:

(1) from 1 January 2012 – 30 June 2013: 9% increase (on the rates of pay

applicable during the period from 1 January 2009 until 31 December 2011

under the Actors Feature Film Agreement 2003). This wage increase will be

payable in the following increments:

(a) from 1 January 2012 to 30 June 2012: 3% increase;

(b) from 1 July 2012 to 31 December 2012: 3% increase; and

(2) from 1 July 2013 to 31 December 2014: 6% increase (on the rates of pay

applicable during the period 1 January 2013 to 30 June 2013). This wage

increase will be payable in the following increments:

(a) from 1 July 2013 – 31 December 2013: 3% increase; and

(b) from 1 January 2014 to 31 December 2014: 3% increase.

(b) Where an increase under Clause 33 becomes payable (“the Agreement increase”)

during the period of an Artist’s engagement the following shall apply:

(1) Where an Artist is engaged on the minimum Agreement rate the Artist’s BNF

will be adjusted in line with the Agreement increase.

(2) Where the Artist is paid a margin for skill, the Agreement increase will be paid

and will not be absorbed into any margin for skill unless:

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

(i) an Artist is engaged on a program by means of a continuous contract;

and

(ii) the Artist’s BNF for each period of engagement of up to 12 months is

increased from the previous period of engagement (on that Film) by a

percentage equal to or greater than any Agreement increase in

percentage terms that may occur during that period of engagement;

and, in that case any Agreement rate increase may be absorbed into the

Artist’s margin for skill.

Increases payable under Clauses 8(b)(1) and (2) above will be payable from the date

of the Agreement increase but nothing precludes a Producer from paying the

Agreement increase to an Artist before the date required under the Agreement.

Where an increase is payable under Clause 8(b)(2)(ii) the increase will be calculated

as follows: the Agreement increase will be applied to the Agreement rate, the margin

of skill will remain unchanged and the Artist’s BNF will be adjusted accordingly.

movements in the consumer price sub-index group with which they have moved prior

to the introduction of this Agreement at the end of each financial year which

increases will be effective on and from 1 August the following financial year.

9. TERMS OF ENGAGEMENT

(a) The terms of engagement of a Performer shall be specified by the Producer when

the engagement is made, confirmed in writing in the terms of Schedule A to this

Agreement and forwarded to the Performer or his/her agent where possible at least

48 hours (excluding weekends) before filming commences.

Provided that when an engagement is made at a time which does not allow written

confirmation to be forwarded as herein before specified, it shall be given to the

Performer where practicable prior to the actual commencement of the engagement.

Provided further that, in the case of a Performer being required by the Producer to

travel to an engagement, the Performer shall, where practicable, be provided with

the said written confirmation prior to commencing such travel.

(b) The terms of engagement between the Producer and any member of MEAA or other

person engaged by the Producer visually to appear in and/or speak dialogue in or

for the Film shall be on terms which are monetarily not less than the monetary

amounts hereinafter set out in this Agreement and that the conditions of engagement

of each Artist shall never be more onerous than the terms hereinafter set out in this

Agreement. The Producer agrees that all of the terms of this Agreement shall apply

to all persons engaged for Performance (either visual or oral or both) in the Film

irrespective of the weekly or daily salary, wage or fee paid to such person whatsoever

to appear in the Film on monetary terms less that those set out herein or on any

conditions other than those conditions set out herein. Provided that it is distinctly

agreed that all of the monetary terms set out herein are minimum terms and all of

the hours set out herein are maximum ordinary hours and that the number of days

work per week set out herein is the maximum number of ordinary working days per

week.

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9A. ARTIST TO CARRY OUT DUTIES WITHIN LIMITS OF SKILL ETC.,

As a result of the operation of this Agreement and contracts of engagement entered into in

the industry by Artists covered by the Agreement, a Producer may direct an Artist to carry

out such duties as are within the limits of the Artist's skill, competence and training.

10. HOURS OF WORK

(a) The ordinary hours of work shall be based on eight hours per day exclusive of a meal break

to be worked continuously between the hours of 6.30am and 11.00pm on five days of the

week Monday to Saturday.

(b) If employed by the week, a normal week will consist of 40 hours (made up of 38

ordinary hours and 2 hours scheduled overtime), exclusive of meal breaks. If an Artist

is of the view that the 2 hours of scheduled overtime are unreasonable the Artist may

refuse to work the additional hours and the Artists weekly rate set out in clause 33

will be reduced by 2/40ths.

be counted as time worked.

(d) Travelling time both ways between the pick-up point and the place of work shall be

counted as time worked except in the following circumstances:

(i) where the Artist is on a bona fide location and the Artist has elected to stay at

a place of accommodation further from the place of work than where the

majority of cast are staying in which case the travel time for that Artist will be

deemed to be the time taken to and from the place of accommodation where

the majority of cast are staying to and from the place of work;

(ii) where on a bona fide location the cast are provided with a standard of

accommodation which is superior to the accommodation which is available

closer to the place of work (which is of a minimum standard as referred to in

Clause 13(d)(i)) and MEAA agrees, the travel time for the Artist will be deemed

to be the time taken to and from the closer accommodation;

(iii) Interstate Artists

(A) where the Artist has been engaged from interstate 50% of the travel

time to or from the place of accommodation to or from the studio or

production office (provided the studio is within a 20 km radius of the

GPO or production office) will be counted as time worked;

(B) where the Artist has been engaged from interstate the first 15 minutes

of the time taken to travel to and from his/her place of accommodation

to or from location will not be counted as time worked.

11. OVERTIME AND PENALTY RATES

(a) The Artist shall work such overtime as the Producer may reasonably require. For

the purposes of calculating overtime payments, each day's overtime shall stand

alone.

(b) All time worked in excess of eight hours per day on Monday to Friday shall be paid

for at the rate of time and a half for the first three hours and double time thereafter.

time and a half for the first three hours and double time thereafter.

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(d) Overtime and penalty rates as applying to Clauses 11 and 12 shall be based on the

Artist's Composite Fee except where the Artist’s BNF is in excess of eight times the

minimum relevant rate provided by this Agreement, in which case for the purposes

of calculating overtime only (not including prebought overtime), the Artist’s

Composite Fee will be calculated as though the BNF were eight times the minimum

relevant Agreement rate.

Example:

assuming: Performer Class 2

Category A Film

1 July 2012

Agreement Rate $950 .73

110% of rights purchased

BNF is 10 times Agreement Rate (ie. $9,507.30)

Actual fee Deemed fee

BNF $9,507.30 $7,605.84

110% $10,458.03 $8,366.42

Composite Fee $19,965.33 $15,972.26

Base rate $499.13 / hour $399.31 / hour

For the purposes of calculating overtime for this Performer an hourly base rate of

$399.31 / hour would be used on which time and a half and double time payments

would be calculated.

Overtime shall not be paid twice for the same time worked and such time shall be

paid for to the nearest half hour.

(e) For all work performed between 11.00pm and 6.30am a penalty rate of 25% shall be

paid for each hour so worked. Provided that where the work is performed between

midnight Friday and 6.30am Saturday, or between 8.00pm and 12 midnight

Saturday, the penalty shall be 50%.

(f) A break of ten clear hours shall be allowed between the cessation of work on one

day and the commencement of work on the succeeding day provided that in the

event of an emergency work may be performed with the consent of the Artist within

a period of ten clear hours of the cessation of work in which case the Artist shall be

paid double time for the whole of the period worked until the Artist commences the

full ten hours break. The Producer shall notify MEAA in writing of any incidence of

breaks shorter than ten hours.

12. SATURDAYS, SUNDAYS AND PUBLIC HOLIDAYS

(a) Saturdays and Sundays

(i) All ordinary hours worked on a Saturday shall be paid for at time and a quarter.

(ii) Overtime worked on a Saturday which is continuous with ordinary hours on

such day shall be paid for at the rate of time and three quarters for the first

three hours and double time thereafter.

(iii) Overtime worked on a Saturday which does not follow the working of ordinary

hours shall be paid for at the rate of time and a half for the first three hours

and double time thereafter.

(b) All work done on Sundays shall be paid for at double time.

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(i) All Artists will be entitled to the following public holidays observed in the State,

territory or locality where work is being performed without loss of pay:

 New Years Day

 Australia Day

 Good Friday

 Easter Saturday

 Easter Monday

 Anzac Day

 Birthday of the Sovereign

 Eight Hour Day/Labour Day

 Christmas Day

 Boxing Day.

(ii) In addition, in any calendar year an Artist working on a Film will be entitled to

a maximum one (or in the case of the ACT two) public holidays from the

following list if these occur in the place where the Artist is working on that Film

without loss of pay:

 Melbourne Cup Day (Vic)

 Royal National Show Day (Qld)

 Adelaide Cup Day (SA)

 Foundation Day (WA)

 Canberra Day (ACT)

 Trades and Labor Council Picnic Day (ACT)

 Picnic Day (NT).

(iii) In addition all Artists will be entitled to all regional public holidays gazetted for

observance in the state, territory or locality of the production office without loss

of pay.

(iv) (A) By Agreement between a majority of Artists and the Producer, or where

no Artists have yet been engaged, between MEAA and the Producer, a

public holiday may be moved to another agreed day on which the

Artist/s had been scheduled to work ordinary hours. Where this occurs

all work on the public holiday will be paid at ordinary rates of pay.

The general conditions upon which consideration of the moving of a

public holiday will be given is where the Artists will receive the benefit

of an extended period free of work.

(B) However, in relation to major public holidays listed below these will not

be moved:

 New Years Day

 Good Friday

 Easter Saturday

 Christmas Day

 Boxing Day.

(v) Except in relation to substituted public holidays per Clause 12(c)(iv)(A) if the

Producer does require an Artist engaged to work on any of the public holidays

referred to in this clause to which the Artist is entitled the Producer will pay the

Artist for all hours so worked at the rate of double time and a half.

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13. TRAVELLING, ACCOMMODATION, TRANSPORT

(a) Artists when travelling shall, where available, be provided with first class tickets for

train (including sleeping accommodation), ship or in the case of aircraft with an

economy class ticket to their destination or if to location then to the terminal nearest

to the location or location accommodation. If travelling during normal meal time and

a meal is not provided, allowances shall be paid as set out in Clause 13(e).

(b) The Producer shall not require an Artist to undertake an assignment if it necessitates

his/her travelling by any conveyance to which such Artist has reasonable objection.

not available then by passenger carrying charter flight.

(d) (i) An Artist required to stay overnight from his/her place of residence shall be

provided when available with modern motel type accommodation with bath or

shower room and toilet facilities therein, and where possible, unshared. In

addition, for every such day spent away overnight from his/her place of

residence s/he shall be provided with satisfactory meals or paid allowances

for breakfast, lunch and dinner where appropriate as detailed in Appendix 2 of

this Agreement.

(ii) Where it is impossible for the Producer to obtain such accommodation the

Artist shall be paid the following allowances per day:

(1) Where accommodation is provided at the standard of a private home,

homestead, or hotel with shared facilities or where unshared

accommodation is not provided as detailed in Appendix 2 of this

Agreement.

(2) Where accommodation is provided at the standard of air-conditioned

caravans or air-conditioned and sewered mining camps as detailed in

Appendix 2 of this Agreement.

(3) Where accommodation is provided at the standard of shearers' quarters,

rough mining camps, or by camping as detailed in Appendix 2 of this

Agreement.

For the purpose of this paragraph it will be deemed impossible for a Producer

to obtain accommodation of the type referred to in paragraph (i) where it is

necessary for the Artist to spend more than one and one half hours travelling

from the location to the nearest accommodation.

(e) An Artist when travelling during meal periods shall either be provided with a

satisfactory meal or paid allowances for breakfast, lunch and dinner in lieu

thereof as detailed in Appendix 2 of this Agreement.

(f) (i) An Artist required to travel interstate and to commence work before 9.00am

on the first day of engagement shall be provided with overnight

accommodation for the preceding night and if required to continue working

after 7.00pm on the final day of engagement shall be provided with overnight

accommodation for that night, if so desired by him/her, or in any event, if return

transport is then not available to the Artist's place of residence.

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(ii) An Artist not required to travel interstate but required to travel more than eighty

kilometres from his/her place of residence and to commence work before

9.00am on the first day of engagement shall be provided with overnight

accommodation for the preceding night, if so desired by him/her, and if

required to continue working after 6.00pm on the final day of engagement shall

be provided with overnight accommodation for that night, if so desired by

him/her (or in the case of daylight saving 7.00pm).

(g) If an Artist is required to travel to or from an engagement on any day on which s/he

is not being paid for work s/he shall travel at a time which as far as possible shall be

at a time to suit his/her convenience and be paid at the hourly equivalent of the

relevant daily Agreement rate specified in Clause 33C with a minimum of 4 hours

payment (meal breaks excluded).

(h) An Artist shall be provided with transport between the pick-up point and place of work

if s/he so requires.

(i) An Artist required to carry any baggage of not less than eight kilograms or which

cannot be conveniently carried by him/her by hand to a location or studio or pick-up

point shall be provided with taxi or private automobile transport to and from his/her

place of residence.

(j) An Artist required to stay away overnight from his/her place of residence shall be

provided with transport or paid the cost of same both ways between all town or city

transport terminals, places of work and places of overnight accommodation.

(k) An Artist not required to stay away overnight from his/her place of residence shall be

provided with taxi or private automobile transport either way as relevant between

his/her place of residence and the place of work or paid the cost of the same in any

of the following circumstances:

(i) When the Artist's work commences before 7.00am or finishes after 7.00pm

(8.00pm daylight saving) except -

(1) where the Artist has his/her own means of transport, and

(2) in the case of any Extra, unless there is no reasonable public transport

available or where the location is isolated.

(ii) When an Artist commences or finishes work at a time when the normal means

of regular transport is not available within thirty minutes of the Artist's

commencing or finishing time.

(iii) If an Artist is provided transport to or from his/her place of work in

accordance with clause 13(k)(i) then the Producer will make every

endeavour to provide the Artist with taxi or private automobile transport to an

Artist’s place of residence at the conclusion of the Artist’s paid time for the

day.

(l) If a Producer agrees an Artist may arrange to make his/her own way to the place of

work at his/her own expense if it is more convenient for him/her to do so.

(m) Where an Artist agrees at the request of the Producer to use his/her own motor

vehicle or motor cycle, the Artist shall be paid the following allowance:

(i) Motor Car: as detailed in Appendix 2 of this Agreement.

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(ii) Motor Cycle: as detailed in Appendix 2 of this Agreement.

For the purpose of calculating payments under this provision, it shall be deemed that

the Artist travelled from the pick-up point to the place of work and return.

(n) Where the Performer is less than 16 years of age the Producer shall provide the

Performer with suitable transport either way between his/her place of residence and

the place of work.

(o) Where a Producer is required to provide transport for an Artist under this Agreement,

where possible the Producer shall advise the Artist in advance of such arrangements.

14. MEAL BREAKS AND REST PERIODS

(a) If duty commences before 5.00 a.m. the Producer shall allow a half hour break

between the hours of 6.30a.m. and 8.00a.m. This break shall be considered as time

on duty and breakfast shall be provided by the Producer or the breakfast allowance

as detailed in Appendix 2 of this Agreement shall be paid. Where the Producer

provides a catered breakfast to Artists whose duty does not commence before 5.00

am, a half hour break shall be allowed for breakfast of which 15 minutes shall be

paid time on duty.

(b) The Producer shall provide meals upon location as required, or shall pay an

allowance to each Artist the lunch allowance as detailed in Appendix 2 of this

Agreement in respect of the first meal break after breakfast and the dinner

allowance as detailed in Appendix 2 of this Agreement for subsequent meal breaks.

hour and not more than one hour. Meal breaks shall not be considered as time on

duty, other than as provided for by this Clause.

(d) Meal breaks shall commence not later than 5 hours from the start of the work

session or the end of the last meal break, whichever is the later.

(e) Artists shall be entitled to paid rest periods of ten minutes during the morning and

afternoon of each day, which shall be taken at times agreed between the Producer

and the Artist(s) so as not to interfere with the production, but generally after two

hours work and before the completion of three hours work. Where a catered

breakfast is provided to an Artist who commences work after 5:00 am, the Artist

shall not be entitled to a morning rest period.

(f) If a meal break is not allowed as provided for in this Clause 14, a delayed meal

break (“DMB”) penalty shall be paid at the rate of single time additional for all time

worked from the time the meal break became due until the actual meal break

commences. Payments for DMB penalties shall be calculated to the nearest 15

minutes.

(g) A DMB penalty shall not be payable after 5 hours work where it is not reasonably

practicable for all Artists to take a meal break (e.g. when finishing a scene, or

because of time constraints on a particular location) and the Producer and the

individual Artist(s) affected agree, or where the Producer and the majority of

affected Artists agree provided that at the time the Producer seeks the agreement

of the individual Artist or the majority of the affected Artists the Producer will indicate

the reason for the extension and the likely delay before the break will be taken. In

these circumstances the meal break must be taken after 6 hours from the start of

the work session or end of the last meal break, whichever is the later, or a DMB

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penalty will apply.

(h) A DMB penalty shall not be payable in circumstances where the Producer provides

a catered rest period of not less than 20 minutes between the first and second meal

break, and the Artist works more than five but not more than six hours between

those meal breaks. Such a catered rest period shall be regarded for all purposes

as paid time on duty. In these circumstances the Meal Break must be taken at the

6 hour point or a DMB penalty will apply.

(i) Notwithstanding the above where any Artist is required to work beyond the time of

their second meal break such meal shall be provided by the Producer or the

appropriate allowance shall be paid to the Artist by the Producer.

(j) When overtime duty is performed beyond 12.00 midnight a supper break of half an

hour must be allowed and taken as time on duty. The Producer must provide supper

or reimburse the Artist at the rate of the supper allowance as detailed in Appendix

2 of this Agreement.

15. LAY DAYS

If an Artist is required to stay away overnight from his/her residence but is not required to

work (not being his/her usual day/s off) s/he shall receive his/her BNF for each day, unless

such Artist is engaged on a weekly basis.

16. ANNUAL LEAVE

(a) All Artists other than casual employees will be entitled to annual leave in

accordance with Division 5 of the National Employment Standards (NES),

reproduced in Appendix 2 of this Agreement, under the Fair Work Act 2009

(Act).

(b) Due to the unique nature of film production, MEAA acknowledges that it is

reasonable that annual leave not be taken during the course of production,

unless (a) in exceptional circumstances and provided that the Producer has

granted prior approval, or if required by law; and (b) the Producer may direct

the Artist to take any accrued annual leave.

accrued but untaken annual leave calculated on the following basis 1/12th of a

figure which is calculated as follows:

(i) divide the weekly Composite Fee by 40 (or in the case of daily

engagement, divide by 8) to ascertain the hourly rate;

(ii) multiply the resultant figure by the total number of hours including

overtime, if any, worked (or previously contracted for, whichever is the

greater) in the engagement.

Casual hire

(d) An Artist that is a casual employee is not entitled to annual leave.

(e) However, the Producer has nonetheless agreed that the Producer shall pay a

casual hire Artist, in addition to all other payments provided for by this

Agreement, a sum equal to 1/12

of a figure that is calculated as follows:

(i) divide the weekly Composite Fee by 40 (or in the case of daily

engagement, divide by 8) to ascertain the hourly rate;

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(ii) multiply the resultant figure by the total number of hours including

overtime, if any, worked (or previously contracted for, whichever is the

greater) in the engagement.

17. ABSENCE FROM DUTY, PERSONAL/CARER’S LEAVE, COMPASSIONATE LEAVE,

PARENTAL LEAVE

(a) An Artist engaged by the week who is absent from duty will not be entitled to be

paid for that absence, provided that this provision will not apply if the:

(i) Artist is entitled to paid leave under the NES in accordance with

Divisions 4 and 6 of the National Employment Standards (NES); or

(ii) unless he/she notifies the Producer within twenty-four hours of the

commencement of such absence that the absence was reasonable

because of either:

(1) illness of the Artist due neither to his/her own default nor to

accident arising otherwise than out of and in the course of

his/her engagement; or

(2) bodily injury to the Artist caused by accident arising out of and

in the course of his/her engagement.

(b) Personal/carer's leave, compassionate leave, and parental leave are provided

for in the NES (See Appendix 3 and 4).

compassionate leave, the Artist must provide the Producer with the appropriate

notice and satisfactory evidence (which may include a medical certificate or

statutory declaration) in compliance with the NES.

(d) The Artist must notify the Producer if they will be absent as soon as practicable. If the

Producer requires that Artist to notify a particular officer or employee of their absence, the Artist

must comply with that requirement.

18. NOTICE OF CALL TIMES

An Artist shall be notified at the end of each day's work of the commencement time for the

next day's work and where possible not less than ten hours notice of starting time must be

given to the Artist.

19. CANCELLATION AND POSTPONEMENT

(a) A Call may be postponed without payment to the Artist provided that not less than

seven days notice has been given to the Artist prior to the time of the original Call.

Should less than seven days but four days or more notice of such alteration be given,

the Artist shall be paid 16 2/3% of the Basic Negotiated Fee calculated on a daily

basis for such altered Call. Should less than four days but more than two days notice

of such alteration be given, the Artist shall be paid 25% of the Basic Negotiated Fee

calculated on a daily basis for such altered Call. Should less than forty-eight hours

notice of such alteration be given, the Artist shall be paid 33 1/3% of the Basic

Negotiated Fee calculated on a daily basis for such altered Call.

(b) Where an Artist has been booked and no work is performed on that day due to

weather conditions s/he shall be paid 50% of the Basic Negotiated Fee calculated

on a daily basis for such day if s/he has not been required to attend the place of work

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or 75% of the Basic Negotiated Fee if s/he has been required to attend the place of

work.

as for the original Call.

(d) If a Call is cancelled by the Producer or if the Artist is unavailable on the date to

which a Call has been postponed then in lieu of any payment for postponement the

Artist shall be paid his/her Composite Fee for the Call.

20. WORK IN ONE PRODUCTION ONLY

(a) Subject to Clause 20(b), all work performed for the Producer in the production of a Film

shall only be used as part of the Film for which the Artist was originally engaged. No footage

featuring the Performance of the Artist may be used in any other production without the

written permission of the Artist. Such written permission shall not be unreasonably

withheld.

(b) The Artist and MEAA acknowledges that Producers may use any of the footage from

the Film or still photographs as is necessary to promote and/or advertise the Film in

any media including the production of trailers, Making-Of Films, printed material etc.

Performance of the Artist in any other production or to edit or otherwise join that

footage with segments from another program, the Producer will negotiate appropriate

consideration for the Artist having regard to the following which the Producer must

specify in writing:

(i) the other production or program in which the footage will be used and the

nature of that new program;

(ii) the maximum duration of the footage featuring the Performance of the Artist to

be used;

(iii) the means including the rights required from the Artist and the media by which

the footage will be exploited by means of the other production or program;

(iv) the territories in which the other production or program will be exploited;

(v) the way in which the footage will be used.

(d) The Producer may not seek the Artist’s consent for use of the results of the Artist’s

work in so-called “blooper” or “outtake” programs as a condition of engagement.

(e) The Producer may not include so-called “behind-the-scenes” footage of the Artist in

any Making-Of Film without the Artist’s knowledge and written approval.

(f) The Producer may negotiate with the Performer at the point of engagement to appear

in photography for one Making-Of Film provided that the Producer shall pay the

Residual Fees payable under Clause 39A.3. The Producer may use clips from the

Film and still photographs in such Making-Of Film without further payment and

without necessity to seek the further consent of the Performer(s) involved. Such

Making-Of Film may not be combined to make "specials" or other program content.

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(g) Except as provided in Clause 39A.3 but subject to Clause 20(f), a Performer shall not

be entitled to any additional payment for work performed on any Making-Of Film

where such work is performed:

(i) during the production of the Film; and

(ii) within the Performer's normal working hours during the term of the Performer’s

engagement.

21. NO HAZARDOUS/DANGEROUS PERFORMANCE

The Producer may not require the Artist to render any services whatsoever of a hazardous

or dangerous nature which involves the Artist in any degree of risk or to carry out any stunt

herein unless such special services are specially referred to and detailed in the Artist's

written engagement. Provided that the Artist may refuse to carry out any work not specified

in the written engagement which could reasonably be construed as being dangerous,

hazardous and of risk to life or limb or health or as a stunt.

22. INSURANCE COMPENSATION

(a) The Producer shall insure Artists in accordance with requirements of the relevant

Workers Compensation Act relating to the areas of Australia in which they are

required to perform.

(b) Where at the request of a Producer an Artist provides personal property for purposes

in connection with the engagement, the Producer shall indemnify the Artist for any

loss, theft or damage of that property provided the Artist has, prior to the day of

commencement of a Performance, specified to the Producer the value of the item

and provided that the loss, theft or damage is not the fault of the Artist.

23. LATE ARRIVALS

(a) If an Artist is late for a Call or delays Rehearsal or Performance without reasonable

excuse the Producer may refer the matter to the Ethics Committee of the Council of

Management of MEAA.

(b) The Producer shall not be obliged to pay the Artist for the period of time where the

Artist has not been present without reasonable cause.

24. TERMINATION OF ENGAGEMENT / EMPLOYMENT

(a) The Artist shall perform in good faith and to the best of his/her ability all of the

services to be rendered by him/her for which s/he is engaged and as required by the

Producer and s/he shall comply with all of the Producer's reasonable directions and

requests.

(b) A Producer may terminate the engagement of an Artist without notice for negligence

or misconduct, or may deduct payment for any day or part thereof where an Artist

cannot be usefully engaged because of any strike, ban on work, or any other

stoppage or interference with work beyond the control of the Producer.

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25. CREDITS

All Artists playing speaking parts of two or more lines in the Film shall receive a cast credit.

Such credit shall be visual, legible and shall provide character identification. Where,

subject to the consent of MEAA, the services of an overseas Artist have been engaged

then equal billing (in size, position in relation to the title, advertising and promotional

material etc.) shall be given to an equal number of Australian Artists. Provided that equal

billing may be varied by consent between Producer and MEAA.

26. WARDROBE, MAKE-UP

(a) All properties, wigs, footwear and articles of clothing not possessed by the Artist and

any article of clothing or footwear peculiar to any trade, calling, occupation or sport

shall be provided by the Producer.

(b) Should the Producer desire the Artist to wear footwear and/or civilian dress of a type

which is customarily worn by civilians of the present day in Australia the Artist may

provide such wardrobe etc., if it is already in his/her possession. In the event that

such wardrobe etc., is not in the Artist's possession, it shall be provided by the

Producer.

satisfactory and hygienic condition by the Producer. Any damage to wardrobe etc.,

supplied by an Artist shall be the responsibility of the Producer who shall fully

compensate the Artist for such damage.

(d) The Producer may elect, as an alternative to his/her obligation pursuant to Clause

26(c), to pay the following allowance:

(i) in the case of a Performer who provides his/her own:

(1) formal wear wardrobe (including any special 'character' costume), the

amount as detailed in Appendix 2 of this Agreement per outfit for each

week or part of a week the Performer provides the outfit, such amount to

be inclusive of any rental fee; and

(2) other wardrobe, the amount as detailed in Appendix 2 of this Agreement

per outfit for each week or part of a week the Performer provides the

outfit, and

(ii) in the case of an Artist (except a Performer) who provides his/her own formal

wear wardrobe (including any special 'character' costume), the amount as

detailed in Appendix 2 of this Agreement per outfit per week or part of a week

the Artist provides the outfit, such amount to be inclusive of any rental fee.

For the purpose of this Clause 26(d), "week" means a period of 7 consecutive days

calculated from the first day on which an Artist provides his/her own outfit under

Clauses 26(d)(i) and (ii).

(e) Where an Artist is Called by the Producer for the purpose of a wardrobe Call, s/he

shall be paid per hour at the rate set out below, with a minimum Call of two and one

half hours unless the Artist is already being paid for such time. If an Artist is required

to stay away overnight from his/her residence and is called on a day s/he is not

required to work (not being his/her usual day/s off) s/he shall receive his/her BNF for

the day.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

From 1 January 2009 $32.59

From 1 January 2010 $33.57

From 1 January 2011 $34.71

From 1 January 2012 $36.01

From 1 January 2013 $37.27

From 1 January 2014 $38.53

(f) All make-up shall be supplied by the Producer.

(g) Time taken for the application of make-up shall count as time worked but removal of

make-up shall be in the Artist's own time except where the time taken to remove full

body make-up, special effects make-up and prosthetics exceeds 10 minutes, when

the actual time taken to remove such make-up, up to a maximum of 30 minutes, shall

count as time worked. Provided that where the Producer and an Artist agree that

there are bona fide and special circumstances requiring more than 30 minutes in the

removal of such make-up, the time actually taken in such removal shall be counted

as time worked.

27. FACILITIES

(a) Studio

At any place of work that can reasonably be regarded as studio work the Producer

shall provide adequate clean, well lit and well ventilated change rooms and separate

rooms and facilities for the sexes, mirrors, proper seating, clean towels and soap,

and where necessary, showering conveniences and hot and cold water.

(b) On location

On location work the Producer shall, except in exceptional circumstances (eg. when

filming at sea), provide adequate shelter from inclement weather, adequate shelter

from the sun, change rooms or private enclosed change space, washing

conveniences, towels, soaps, hygienic toilet conveniences, and adequate seating on

and off set. The Producer shall provide an enclosed area (eg. room, marquee, tent

or other suitable facility) for the Performers' use in accordance with industry practice.

28. PAYMENT OF WAGES

(a) Except as otherwise provided all amounts due to an Artist in respect of work carried

out during the seven consecutive days ending midnight on Saturday (or during such

other regular seven day period substituted therefore) shall be paid to the Artist within

the succeeding seven days.

(b) Meal money and payment in lieu of accommodation shall be paid to an Artist on a

day-to-day basis. Payment for travel reimbursement to which the Artist is entitled

shall where practicable be paid to an Artist on a day-to-day basis.

Agreement, deductions etc., shall be included with each Artist's pay.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

29. TIME AND WAGES RECORD

(a) The Producer shall keep a record from which can be readily ascertained the name

of each Artist, the hours and times worked each day and the payments made in

respect to such work.

(b) The time and wages record shall be open for inspection to an accredited MEAA

representative during the usual office hours at the Producer's office or other

convenient place. Provided that an inspection shall not be demanded unless MEAA

suspects that a breach of this Agreement has been committed.

in the time and wages record relating to the suspected breach of this Agreement.

30. RIGHT OF ENTRY

Subject to the provisions of Chapter 3, Part 3-4 of the FW Act a duly accredited

representative of MEAA shall have the right to enter any place of Rehearsal and/or

Performance to interview Artists. The MEAA representative shall not interfere with or delay

any Rehearsal or Performance.

31. INTENTIONALLY DELETED

32. NO COMMERCIAL TIE-UPS MAY BE REQUIRED

(a) Except as provided for in Clause 20, an Artist’s name or image shall not be used in

commercial tie-ups` between the Film and commercial goods or services or in

connection with commercial advertising without his/her written consent.

(b) If any consent of the type described in Clause 32(a) above is sought of the Artist,

the Producer must specify the following in writing;

(i) a description of the commercial goods;

(ii) the brand name, if applicable, which will be associated with the commercial

goods and commercial advertising;

(iii) a description of the commercial advertising including the number of

advertisement, media associated with the advertisements, length or size of

advertisements if applicable, and placement of advertisements;

(iv) dates for which and locations at which the Artist will be required to attend for

the purpose of the creation of the commercial advertising;

(v) territories in which the Commercial Tie up with commercial goods and

commercial advertising will be exploited;

(vi) the manner in which the Artist’s name and or image will be used with respect

to the commercial goods and commercial advertising;

(vii) the duration for which the Artist’s name and or image will be used with

respect to the commercial goods and commercial advertising.

consent is sought any provisional consent obtained will be subject to the Producer

seeking the consent of the Performer to those unknown items at a later time and to

(d) below.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

(d) Subject to agreement on the items set out in (b) the parties will negotiate on the

appropriate remuneration or other consideration to be made to the Artist which will

be negotiated having regard to those issues set out in (b) and the standing of the

Artist.

33. RATES OF PAY

The Artist's rate of pay shall be determined in the following manner:

A. Process of Categorisation

(a) The Producer shall, prior to engaging members of MEAA, supply a Statutory

Declaration stating the following:

Production Credits:

(i) (1) A list of persons and/or companies and their residential status

who will be granted credits such as, but not limited to, producer,

executive producer, associate producer, executive in charge of

production, production supervisor, production manager,

production associate.

(2) A list of persons and/or companies and their residential status

who will be granted presentation credits, such as but not limited

to:

ACTORS FEATURE FILM AGREEMENT 2012

"A............................................................... production".

"A............................................................. presentation".

".............................. presents a .......................................

............................. production".

"........................ presents a film by ......................……".

"Production in Association with .................."

provided that this requirement does not apply to a distributor's

normal distribution or release credits.

(ii) Completion guarantee: The nature of persons or company and their

residential status, providing (where applicable), the completion guarantee.

(iii) Overseas actors: The name and country of origin of all actors not residing in

Australia and who receive billing other than rolling billing at the conclusion of

the Film.

(b) The parties to this Agreement will comply with the DoA Guidelines.

the Film, notwithstanding the provisions of Clause 33B.

B. Category Definitions

Films shall be categorised as follows:

Category A: means an Australian Film (subject to customary right of approval)

and an all Australian cast.

Category B: means a Category A film but with one or more overseas Artists.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

Category C: means a bona fide Co-Production between an Australian

production company and an Offshore production company.

C. Minimum Rates:

(a) The minimum rates set out hereunder shall be paid by the Producer to the

Artist:

(1) FROM THE FIRST PAY PERIOD ON OR AFTER 1 JANUARY 2012

(A) Engaged By The Week

Minimum Agreement

Rate

(i) Performer Class 2 919.48

(ii) Performer Class 1 849.18

(iii) Double 666.61

(iv) Stand-In 666.61

(B) Engaged by the Day

Minimum Agreement

Rate

(i) Performer Class 2 257.46

(ii) Performer Class 1 237.77

(iii) Double 166.66

(iv) Stand-In 166.66

(v) Extra 170.30

Minimum Agreement

Rate

(i) Performer not required to speak

more than two lines of dialogue

35.66

(ii) Extra 25.54

(2) FROM THE FIRST PAY PERIOD ON OR AFTER 1 JULY 2012

(A) Engaged By The Week

Minimum Agreement

Rate

(i) Performer Class 2 950.73

(ii) Performer Class 1 878.04

(iii) Double 686.02

(iv) Stand-In 686.02

(B) Engaged by the Day

Minimum Agreement

Rate

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

(i) Performer Class 2 266.21

(ii) Performer Class 1 245.84

(iii) Double 171.52

(iv) Stand-In 171.52

(v) Extra 175.26

Minimum Agreement

Rate

(i) Performer not required to speak

more than two lines of dialogue

36.87

(ii) Extra 26.29

(3) FROM THE FIRST PAY PERIOD ON OR AFTER 1 JANUARY 2013

(A) Engaged By The Week

Minimum Agreement

Rate

(i) Performer Class 2 986.43

(ii) Performer Class 1 911.02

(iii) Double 705.44

(iv) Stand-In 705.44

(B) Engaged by the Day

Minimum Agreement

Rate

(i) Performer Class 2 276.21

(ii) Performer Class 1 255.08

(iii) Double 176.37

(iv) Stand-In 176.37

(v) Extra 180.22

Minimum Agreement

Rate

(i) Performer not required to speak

more than two lines of dialogue

38.26

(ii) Extra 27.03

(4) FROM THE FIRST PAY PERIOD ON OR AFTER 1 JULY 2013

(A) Engaged By The Week

Minimum Agreement

Rate

(i) Performer Class 2 1020.96

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

(ii) Performer Class 1 942.90

(iii) Double 726.60

(iv) Stand-In 726.60

(B) Engaged by the Day

Minimum Agreement

Rate

(i) Performer Class 2 285.87

(ii) Performer Class 1 264.01

(iii) Double 181.66

(iv) Stand-In 181.66

(v) Extra 185.63

Minimum Agreement

Rate

(i) Performer not required to speak

more than two lines of dialogue

39.59

(ii) Extra 27.84

(5) FROM THE FIRST PAY PERIOD ON OR AFTER 1 JANUARY 2014

(A) Engaged By The Week

Minimum Agreement

Rate

(i) Performer Class 2 1055.48

(ii) Performer Class 1 974.79

(iii) Double 747.76

(iv) Stand-In 747.76

(B) Engaged by the Day

Minimum Agreement

Rate

(i) Performer Class 2 295.54

(ii) Performer Class 1 272.93

(iii) Double 186.96

(iv) Stand-In 186.96

(v) Extra 191.03

Minimum Agreement

Rate

(i) Performer not required to speak

more than two lines of dialogue

40.93

(ii) Extra 29.51

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

(b) Grandfathered Films:

Films already financed prior to the signing of this agreement and in

production before 2013 will be excluded from the wage increases applicable

as at January 1, 2012.

(i) Excepting in relation to Extras and Stand-Ins and subject to Clause

33C(c)(ii), 25% additional to the rates set out in Clauses 33C(a)(1) to

(6), plus 12.5% for each additional imported Artist after the first. Where

there is a requirement for an imported Artist in excess of the first four

(4) imported Artists due to exceptional circumstances (eg a New

Guinean role or for continuity reasons) then no additional loading will

be payable in respect of this imported Artist.

(ii) If each of sub-paragraphs (A), (B), (C) and (D) (below) apply:

(A) the imported Artist is required on the basis of ethnicity required

by the role;

(B) the role is for a person from a non-English speaking

background; and

dictates the ethnic specificity of the role (by way of

example only, if the role calls for a Japanese or a

Chilean, then the imported Artist must be a citizen of

Japan or Chile respectively); or

(BB) (a) MEAA has granted to the Producer a written

exemption to the requirement that the imported

Artist be a citizen of the country that dictates the

ethnic specificity of the role (which exemption

will be discretionary, but in any event, only on

the basis that the Artist is of the specified

ethnicity and that both sub-sub paragraph (b)

(below) and sub-paragraph (D) (below) apply);

and

(b) the imported Artist is not a ‘marquee’ performer

(as that term is commonly understood within the

Australian film industry); and

(D) following the completion of a comprehensive Australia wide

casting exercise undertaken in accordance with the DoA

Guidelines, a suitable Australian Artist could not be identified,

then the additional loading of 25% or 12.5% (as the case may be)

described in Clause 33C(c)(i) applying in relation to such imported Artist

will not apply,

(d) Category C

Except in relation to Extras and Stand-Ins and except as provided in Clause

33C(e), 75% additional to the rates set out in Clauses 33C(a)(1) to (6) here of

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

plus 12.5% for each additional imported Artist after the first and up to and

including five imported Artists and thereafter the loading will be 5% for each

additional overseas Artist up to a maximum of ten imported Artists;

References in this clause to a number of overseas Artists are not to be taken

as having an effect on the provisions of the DoA Guidelines.

(e) A Performer engaged in a Category C Film who speaks no more than two

lines and in any case not more than 25 words shall be paid a Category C

loading of 25% of that Performer's Basic Negotiated Fee for the Film.

(f) Arbitration

If the Producer and MEAA do not agree on the category to be applied to a

Film, both parties shall promptly appoint a person to determine the category

by arbitration. The decision of the arbitrator shall be final and binding on both

parties and any costs payable to the arbitrator and any costs related to the

arbitration such as hire of venue, transcript or reporter's fees shall be shared

equally by the parties.

The following shall be regarded as factors which may be relevant in making a

determination as to whether a production is a Category C production.

(i) Joint ownership of the copyright in the original works involved in the

completed production;

(ii) Joint ownership of the copyright in the completed production;

(iii) Shared production/executive producer/ producer credits;

(iv) Shared creative control;

(v) Shared responsibility for any legal action that may arise from the

exhibition or other exploitation of the production, eg. defamation,

(vi) Shared income (excluding normal distribution commissions) derived

from, or sharing of territories for, the exploitation of the production.

It is agreed that other factors may also be relevant in particular cases.

D. General

The following conditions shall be applicable to Categories A, B and C:

Juveniles:

(a) (a Juvenile is an Artist who is less than sixteen years of age) -

Juveniles shall be paid not less than 50% of the applicable rate of pay set out

in this clause.

Post-Synchronisation.

(b) (i) A Performer Post-Synchronising his/her own voice, unless such work is

carried out during the period of his/her engagement, shall be paid at the

hourly equivalent of the Composite Fee, with a minimum Call of two and

one half hours.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

(ii) If Post-Synchronisation is required after the completion of the

Performer’s engagement the Producer will contact the original Performer

or his or her agent with reasonable notice of this requirement. The

Producer and the Performer will seek to negotiate a mutually agreed time

bearing in mind the other commitments of the Performer and the needs

of the production. If the Performer is not available to perform the Post-

Synchronisation on reasonable notice and within a reasonable timeframe

the Producer may arrange for the Post-Synchronisation to be undertaken

by another Performer.

(iii) A Performer Post-Synchronising or Dubbing another Performer’s voice

shall be paid per hour 6.3% of the Performer’s weekly Agreement rate

plus applicable loadings, Residual Fees and Performer’s Net Profit

Entitlement in accordance with Clauses 39 and 39A with a minimum Call

of two and one half hours.

(iv) The voice of a Performer (excluding Juvenile Performers) shall not be

Dubbed in the English language without the written consent of such

Performer or of MEAA, which consent shall not be unreasonably

withheld. Such consent may not be sought as a condition of engagement

unless the written consent of MEAA has been obtained prior to the

engagement of the Performer(s), except where that Performer is a

puppeteer or animation voice Performer. The Producer shall have the

right to Dub any Artist’s voice in a foreign language.

room on completion of a day's shooting but not recorded to pictures, are to be

regarded as shooting time or an extension thereof.

34. CLIMATIC ALLOWANCE

If an Artist is required by the Producer to carry out work whatsoever in: North Queensland,

Western Queensland, Western NSW, Central Australia, Northern Territory, Eastern or

Northern Zones of Western Australia, Western or Northern Zones of South Australia or in

Papua New Guinea, the Artist shall be paid at a daily or weekly rate of pay for his ordinary

hours of work a sum which is 10% in excess of the Basic Negotiated Fee or the rates set

out in this Agreement, for all such work, whichever is the greater.

35. WORK IN OTHER COUNTRIES

If an Artist is required by the Producer to carry out work anywhere in the world outside the

territorial boundaries of the Commonwealth of Australia or its dependencies (excluding

Antarctica), mandated territories or protectorates, the Artist shall be paid at a daily or weekly

rate of pay for his ordinary hours of work a sum which is not less than a sum which is 10%

in excess of the ordinary daily or weekly Basic Negotiated Fee set out in this Agreement

for all such overseas work.

36. REHEARSALS AND OTHER SPECIAL CALLS

If an Artist is Called by the Producer for the purpose of Rehearsal or other special Calls,

unless such work is carried out during the period of engagement the Artist shall be paid at

the hourly equivalent of the weekly Basic Negotiated Fee where the Artist is engaged by

the week, or the daily Basic Negotiated Fee where the Artist is engaged by the day with a

minimum payment of two and a half hours.

37. RATES ARE MINIMUM RATES

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

It shall be allowable for an Artist to negotiate for and receive fees in excess of the rates

herein set out. A fee may be negotiated to include payment for a specified number of hours

of overtime (whether worked or not) calculated on the Composite Fee, provided that –

(a) The details thereof are set out in writing (signed by or on behalf of the Producer and

the Artist) prior to the commencement of the engagement; and

(b) The amount of such negotiated fee shall not be less than the aggregate of all

applicable rates set out in this Agreement.

38. AUDITIONS - SCREEN TESTS - INTERVIEWS

(a) No audition or screen test shall be held in public. The only persons allowed to be

present during an audition or screen test shall be the Producer and/or members of

the Producer's production staff.

(b) No recording of an audition or screen test shall be used in any manner whatsoever

other than for private viewing by the Producer and/or persons nominated by the

Producer and such recording may only be retained by the Producer solely for

reference purposes.

test or interview. Wherever possible a script shall be provided to the Artist at least

twenty-four hours prior to a screen test.

(d) Minimum rates of pay for audition and/or screen tests (other than an initial audition

and/or screen test) shall be paid per hour or part thereof with a minimum payment of

one hour at the rate set out below. For the purpose of calculating payment under this

provision the Artist will be deemed to have commenced the audition or screen test at

the time of the Artist's Call or the Artist's arrival time whichever is the later.

From 1 January 2009 $32.59

From 1 January 2010 $33.57

From 1 January 2011 $34.71

From 1 January 2012 $36.01

From 1 January 2013 $37.27

From 1 January 2014 $38.53

(e) The Artists shall not be required to perform a sex simulated scene in any audition or

screen test.

(f) The Artist shall not be required to appear nude or semi nude in the first audition or

screen test.

(g) Where the Producer requires the Artist to appear nude or Semi-Nude in an audition

s/he must:

(i) provide the Artist with a script 24 hours in advance of the auditioning;

(ii) advise MEAA of the scheduled audition at least 48 hours in advance and, if

requested, provide MEAA with a copy of the script.

(h) Where the Artist is required to appear nude or Semi-Nude in an audition, the Artist

may nominate an individual to be present throughout the audition.

(i) Where the Artist is required to appear nude or Semi-Nude in an audition it

shall not be recorded.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

39. LOADINGS FOR RIGHTS

The payment as specified in Clause 33 shall entitle the Producer to Australian Theatrical

Rights. The Producer may acquire from a Performer additional rights upon payment of the

additional percentages of the Basic Negotiated Fee as set out below:

(a) (i) Australian Free Television Rights

four (4) Free Television

screenings in any one television area

in Australia over 5 years 20%

five (5) Free Television screenings in any

one television area in Australia over 5 years 25%

(ii) World Television Rights outside Australia

(excluding any screening on a US Network)

Worldwide Free Television Rights and

Pay Television Rights (excluding any

screening on a US Network) outside

Australia 25%

(iii) World Theatrical Rights 25%

(iv) Worldwide Ancillary Rights excluding Australia 20%

(v) Australian Ancillary Rights and

Australian Pay Television Rights 20%

(b) The percentage set out in Clause 39(a) above will apply if the Producer acquires any

or all of the rights at the time of production. If any rights not taken up by the Producer

at the time of production are required subsequently, the applicable percentage will

be paid to MEAA within ninety (90) days of the earlier of:

(i) the exercise of the additional rights; or

(ii) the receipt by the Producer of the proceeds from the sale or licence of those

rights by the Producer

39A. RESIDUAL FEES

39A.1 Australian Free Television – Re-Runs

(a) With respect to each screening of the Film on Free Television in any television area

in Australia after the earlier of the screenings acquired pursuant to Clause 39(a)(i)

being used or the expiration of five (5) year period described in Clause 39(a)(i), the

Producer shall pay to MEAA a deferred compensation, for distribution to the

Performers appearing in the Film in accordance with Clause 39B, equal to 15% of

the gross sale price or licence fee paid by the television station for such screening of

the Film (converted to money terms where "other consideration" is paid or given) (the

“Australian Free Television Residual Fee”) payable within thirty (30) days of the

receipt by the Producer of the proceeds from the sale or licence of those rights.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

(b) If the Producer is not paid by the television station or the Relevant Free Television

Licensee in accordance with the contract between the Producer and the television

station or Relevant Free Television Licensee by the date that such payments become

due and payable, the Producer will use best endevours to recover the amounts due

from the sale or licence of the Australian Free Television rights and must notify the

MEAA of the breach of contract by the television station or the Relevant Free

Television Licensee no later than fourteen (14) days of the amounts under the

contract becoming due and payable.

Producer shall pay to MEAA 15% of each such instalment.

(d) The Producer will ensure that its contract in respect of any screening of the Film on

Free Television in Australia for which Australian Free Television Residual Fees are

payable with the television station referred to in clause 39A.1(a), or with the distributor

entitled to licence the relevant rights to such television station, as the case may be

(the “Relevant Free Television Licensee”), includes provisions requiring the

television station or the Relevant Free Television Licensee to pay the Australian Free

Television Residual Fee directly to the Producer without diversion or deduction of any

kind.

39A.2 US Network Exhibition

(a) With respect to the first and each subsequent screening of the Film on US Network

television, the Producer shall pay to MEAA a deferred compensation, for distribution

to the Performers appearing in the Film in accordance with Clause 39B, equal to 3.6%

of the gross sale price or licence fee paid by the US Network for the screening of the

Film on US Network television (converted to money terms where "other

consideration" is paid or given) (the “US Network Residual Fee”) payable within

thirty (30) days of the receipt by the Producer of the proceeds from the sale or licence

of those rights.

(b) If the foregoing gross sale price or licence fee is paid in instalments, then the

Producer shall pay to MEAA 3.6% of each such instalment.

accordance with Clause 39A.2(a), the Producer shall be entitled to screen (or

authorise others to screen) the Film on US Network television.

(d) The Producer will ensure that its contract in respect of the right to screen the Film on

US Network television with the US Network referred to in clause 39A.2(a), or with the

distributor entitled to licence the relevant rights to such US Network, as the case may

be (the “Relevant US Network Television Licensee”), includes provisions

requiring the US Network or the Relevant US Network Television Licensee to pay the

US Network Residual Fee directly to the Producer without diversion or deduction of

any kind.

39A.3 Making-Of Film

(a) With respect to the exploitation of any Making-Of Film, the Producer shall pay to

MEAA a deferred compensation, for distribution to the Performers appearing in the

Making-Of Film in accordance with Clause 39B, equal to 15% of the gross sale price

or licence fee paid in connection with the exploitation of the Making-Of Film

(converted to money terms where "other consideration" is paid or given) (the

“Making-Of Film Residual Fee”) payable within thirty (30) days of the receipt by the

Producer of the proceeds from the exploitation of the Making-Of Film.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

(b) If the foregoing gross sale price or licence fee is paid in instalments, then the

Producer shall pay to MEAA 15% of each such instalment.

this clause for the inclusion of the Making-Of Film as a bonus feature on the DVD

release of the Film.

(e) The Producer will ensure that its contract in respect of the right to exploit the Making-

Of Film with the licensee of the right to exploit the Making-Of Film referred to in clause

39A.3(a), or with the distributor entitled to licence the relevant rights to such licensee,

as the case may be (the “Relevant Making-Of Licensee”), includes provisions

requiring the person exploiting the Making-Of Film or the Relevant Making-Of

Licensee to pay the Making-Of Film Residual Fee to the Producer without diversion

or deduction of any kind.

39A.4 Producer’s Share of Film’s Net Profits

(a) The Producer shall also pay to MEAA a deferred compensation on an ongoing basis,

for distribution to the Performers appearing in the Film in accordance with Clause

39B, sums from time to time equal to 10% of 100% of the Producer’s Share of Film’s

Net Profits (“Performer’s Net Profit Entitlement”) payable at the same time as either

the Producer (or the collection agent) accounts to the investors in the Film, but in any

event no later than ninety (90) days after receipt by the Producer.

(b) The Producer shall supply to MEAA, at the same time it is required to deliver the

report described in Clause 39B.2, copies of the definitions of “Film’s Net Profits” and

the “Producer’s Share of Film’s Net Profits” as set out in the principal production and

investment agreement for the Film and confirm in writing that such definition is on a

favoured nations with all other parties entitled to a share of the Film’s Net Profits and

a share in the Producer’s Share of Film’s Net Profits (as the case may be).

of Film’s Net Profits” as set out in the principal production and investment agreement

for the Film is not within generally accepted industry standards, such claim shall be

determined by arbitration.

(d) If a Performer separately negotiates with the Producer a share of Film’s Net Profits

or a share of Producer’s Share of Film’s Net Profits (“Additional Profit Entitlement”),

the Additional Profit Entitlement payable by the Producer to the Performer shall be

deemed reduced by the amount of the Performer’s share of the Producer’s Share of

Film’s Net Profits payable to MEAA by the Producer pursuant to Clause 39A.4. The

Producer and MEAA will co-operate in order to calculate the reduction applicable to

the Additional Profit Entitlement to the Performer.

(e) In the event that a film is in profit and the Producer has made payments to the

MEAA in accordance with clause 39F, the Producer and the MEAA

will have good faith discussion regarding a reduction in the Performers

Producer’s Share of Film’s Net Profit entitlement to adress any overlap between

Producers Share of Films Net Profits and North American Residual payments. In

the event that the Producer and the MEAA are unable to agree on the formula for

an appropriate reduction of the Producer’s Share of Net Profit entitlement then the

matter shall be determined by arbitration in accordance with the procedure set out

in Clause 50 and Schedule B of this Agreement.

39A.5 Gross Sales Price or License Fee

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

The term ‘gross sales price or license fee’ in clauses 39A.1, 39A.2 and 39A.3 shall not

include:

(a) sums realised or held by way of deposits or security, until and unless earned, other

than such sums as are not-returnable; or

(b) sums required to be paid or withheld as good and services taxes, value added taxes

and other taxes, in the nature of turnover taxes, sales taxes or similar taxes based

on the actual source receipts of such motion pictures or on any monies to be remitted

to or by the distributor (excluding income tax, franchise tax, or excess profit tax or

similar tax payable on the party’s net income or for the privilege of doing business).

39A.6 Failure to Pay Residual Fees

If any Relevant Free Television Licensee, Relevant US Network Television Licensee,

other Relevant North American Distributor orRelevant Making-Of Licensee fails to pay the

applicable Residual Fee in breach of its contract with the Producer (or the Producer’s

agent or licensee), then:

(a) the Producer shall use all reasonable endeavours to enforce its rights under such

contract or otherwise in respect of such breach.;

(b) the Producer shall promptly notify MEAA in writing upon the Producer becoming

aware of any potential or any actual breach and all steps taken by the Producer

under Clause 39A.6(a).

39B. PAYMENT BY MEAA OF RESIDUAL FEES TO PERFORMERS

39B.1 MEAA shall distribute the Residual Fees and the Performer’s Net Profit Entitlement it

receives to the Performers appearing in the Film or, in relation to the Residual Fees payable

under Clause 39A.3, the Making-Of Film as follows:

Units will be assigned to each Performer entitled to participate on the following basis:

1. Time units

With respect to each Performer, units for Time Worked, as defined, shall be

computed as follows:

Each day = 1/5th unit

Each week = 1 unit.

No more than 5 time units may be credited to any Performer.

2. Salary units

With respect to each Performer, units for Total Compensation received from the Film

shall be credited as follows:

(a) Day Performer: each multiple of daily scale = 1/5th unit.

A fraction of daily scale, when more than one half, shall be credited as another

1/5th unit.

(b) All other Performers:

each multiple of weekly scale = 1 unit.

A fraction of a multiple, when more than one half of weekly scale, shall be

credited as another weekly unit.

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3. Computation

Each Performer shall be credited with the sum of time and salary units as computed

above, and each Performer will receive that rateable proportion of the monies, as

the Performer's number of units, bears to the total number of units for the entire cast.

39B.2 Within 6 weeks following the end of production of the Film, the Producer shall furnish to

MEAA a report which details:

(a) a complete list of all Performers engaged on the Film (including all foreign

cast);

(b) MEAA/JUST numbers for all Australian cast;

other Calls defined as Time Worked);

(d) the Total Compensation for each cast member;

(e) the daily/weekly BNF for each cast member.

The Producer will thereafter furnish a revised or final list where necessary.

39B.3 In this Agreement the following terms have the following meanings:

(a) "Time Worked" means the total time worked or contracted for, whichever is the

greater and includes (without otherwise limiting this clause):

* Rehearsals;

* travel (up to 8 hours per day);

* fittings prior to first Call;

* lay days;

* pick-ups, re-takes and Post-Synchronisation;

* overtime;

* pre-production stills and pre-recordings; and

* make-up, hairdressing and wardrobe.

(b) "Total Compensation" means the total salary received by a Performer including

personal loading, overtime, all penalties and premiums and annual leave, but

excluding superannuation.

39C. REPORTING AND PAYMENT PROCEDURE

39C.1 The Producer will deliver to MEAA:

(a) at the same time it is required to pay the Residual Fees, a statement of account

showing the gross sale price, licence fee and other monies paid in connection with

the exercise of the rights described in Clauses 39A.1 – 39A.3 (inclusive) and 39F

(whether or not such rights are distributed direct by the Producer or by a third party

distributor appointed by the Producer); and

(b) at the same time it is required to pay the Performer’s Net Profit Entitlement, a

statement of account showing gross receipts received by the Producer (or the

collections agent) and all deductions from such gross receipts in calculating the

Producer’s Share of Film’s Net Profits.

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39C.2 The Producer shall keep at its principal office accurate and complete books of account

relating to:

(a) the gross sale price, licence fee and other monies paid in connection with the exercise

of the rights described in Clauses 39A.1 – 39A.3 (inclusive) and 39F and of the

transactions relevant to the calculation of the Residual Fees (including any

distributor’s statements delivered to the Producer); and

(b) gross receipts received by the Producer and of the transactions relevant to the

calculation of the Producer’s Share of Film’s Net Profits;

39C.3 MEAA (or its nominee) at its own expense and on reasonable notice will be entitled to

inspect and audit the Producer’s books and records referred to in Clause 39C.2 not more

than once each year. Where such inspection or audit discloses errors of account in the

Producer’s favour exceeding $5,000 or 10% of the amount due to MEAA under the relevant

statement (whichever is higher), the costs of the inspection or audit will be reimbursed by

the Producer.

39C.4 All Residual Fees and the Performer’s Net Profit Entitlement shall be forwarded at the

time payable to MEAA in one lump sum in Australian dollars.

39C.5 Any underpayment of the Residual Fees or the Performer’s Net Profit Entitlement shall be

paid immediately by the Producer and any overpayment may be deducted from future

payments. The Producer shall clearly note on the next statement any reduction for a

previous overpayment.

39C.6 The Producer acknowledges that MEAA may request that television stations and, if the

Producer is a member of Screenrights, Screenrights make available to MEAA any

information necessary to verify the screenings of the Film on Free Television in Australia.

The Producer irrevocably authorises MEAA to obtain such information from television

stations and, if the Producer is a member of Screenrights, Screenrights and the Producer

agrees to confirm this authorisation in writing to the television station and Screenrights (as

the case may be), upon request by MEAA.

39C.7 Where the Producer receives payment for the exercise of the rights described in Clause

39A.1 – 39A.3 (inclusive) and 39F, the Residual Fees shall be payable whether or not the

Film or the Making-Of Film (as the case may be) are in fact commercially released.

39D. SALE OF THE FILM

39D.1 If the Producer or its heirs, successors or assigns proposes to sell, assign, or otherwise

dispose of the Film, or any rights thereto (“Proposed Sale”), the Producer shall not be

relieved of any of its obligations under this Agreement, unless the third party to whom the

property or rights the subject of the Proposed Sale will be sold, assigned or otherwise

disposed of (“the Purchaser”) enters into a novation agreement with the Producer and

MEAA (acting on its own behalf and as agent for all Artists) under which the Purchaser

assumes and agrees to discharge in full all of the Producer’s obligations to MEAA and all

Artists under this Agreement (including under the contracts entered into by the Artists and,

if applicable, their Lenders in accordance with schedule A) in relation to the property or

rights the subject of the Proposed Sale.

39D.2 It is understood by this provision that the parties hereto shall not use any leasing or other

device with a Purchaser to evade their obligations under this Agreement. If, under a

Proposed Sale, the Producer intends to assign to the Purchaser any of the Producer’s

rights or obligations under this Agreement, then the Producer shall give notice of the

existence of this Agreement and this Clause 39D to any Purchaser, including notice of the

obligations of the Producer under this Agreement or any part thereof.

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39D.3 Despite anything to the contrary in this Clause 39D, MEAA has the right to require a review

of the application of this Clause 39D in relation to any Producer(s) if MEAA is of the opinion

that such Producer(s) are abusing this provision in relation to evading their obligations

under this Agreement, and in such event (and without being in breach of confidence) MEAA

may refer the matter (including the name of such Producer(s) and the name of the

applicable Film(s)) to SPAA and IPI Inc. for their attention and action.

39D.4 Despite the terms of any Novation Agreement:

(a) the Producer remains fully responsible for the performance of its obligations to

MEAA and all Artists under this Agreement (including under the contracts entered

into by the Artists and, if applicable, their Lenders in accordance with Schedule

A) in relation to the Film (other than the obligations assumed by the Purchaser

under the Novation Agreement);

(b) SPAA, IPI Inc, SPAA Members and IPI Inc Members remain fully responsible for

the performance of their respective obligations to MEAA and all Artists under this

Agreement (other than the obligations of the Producer assumed by the Purchaser

under the Novation Agreement).

39D.5 Despite anything to the contrary in this clause 39D, this Clause 39D does not apply to a

Proposed Sale by the Producer to the investors in the Film in the normal course of financing

the Film where such Proposed Sale is a precondition to the investors’ investment in the

Film.

39E ISAN NUMBER

The Producer will obtain an International Standard Audiovisual Number (ISAN) for the film

prior to the film being commercially released and will provide the ISAN to the MEAA upon

request.

39F NORTH AMERICAN RESIDUALS EXCLUDING US NETWORK

(a) The Producer shall pay to MEAA a royalty (the “North American Residual Fee”),

for distribution to the Performers appearing in the Film in accordance with Clause

39B, equal to 3.6% of Distributor’s Gross Receipts from the exploitation of the

following rights in North America (that is, the United States and Canada): Free

Television Rights (excluding any screening on a US Network), Pay Television

Rights and Ancillary Rights excluding Distributor’s Gross Receipts earned in

respect of the first four (4) years of initial exploitation of the Film in North America

(the “Initial Four Year Period”)

PROVIDED THAT where there are different distributors appointed for Canada

and the United States and these distributors are not related or affiliated then:

the Initial Four Year Period for Canada shall commence on the date of initial

exploitation in Canada and the Initial Four Year Period shall for the United

States shall commence on the date of initial exploitation in the United States.

(b) “Distributor’s Gross Receipts” shall mean all monies derived in any

manner whatsoever from distribution of the Film, including through the sale,

license, or other like means of distribution of the Film received by the distributor

of the Film or any sub-distributor, and shall be calculated before or

simultaneously with any other gross participants from first dollar, without

deductions of expenses of any kind.

Despite the foregoing, if the Producer is the distributor of the Home Video

Distribution rights or the distributor is owned by or affiliated with the Producer,

the "Distributor's Gross Receipts" derived from Home Video Distribution of the

Film shall be 20% of the wholesale receipts derived by the Distributor in North

America.

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In such cases, if the distributor is also the retailer, a reasonable allocation of

retail gross receipts shall be made as between thedistributor (as distributor) and

the distributor (as retailer), and 20% of the former only shall be deemed to be

"Distributor's GrossReceipts".

The reasonableness of such allocation shall be subject to arbitration in

accordance with Clause 50 and Schedule B of this Agreement, and insuch

arbitration generally prevailing trade practices in the home video industry with

respect to dealings between non-related companies shall be relevant evidence.

A distribution advance or guarantee (i.e., a payment by a distributor or

subdistributor against the possibility of earning future income) shall not be

included in Distributor’s Gross Receipts for the purpose of triggering the

payment of residual fees to Performers; however, neither the Producer nor a

distributor shall be entitled to deduct the amount of the distribution advance or

guarantee from the Distributor’s Gross Receipts for the purpose of calculating

residual payments due. Accordingly, residual payments may be due despite the

distributor not having recouped the distribution advance or guarantee as at the

end of the Initial Four Year Period. For the avoidance of doubt, this provision

applies to Distributor’s Gross Receipts attributable to Home Video Distribution.

In the case of an outright sale of the applicable rights or a sale during the Initial

Four Year Period with a licence period that extends beyond the Initial Four Year

Period, the Producer shall allocate a fair and reasonable portion of the sale

price/licence fee as the amount attributable as Distributor’s Gross Receipts for

exploitation of the Film beyond the Initial Four Year Period. The Producer shall

promptly notify MEAA in writing of its proposed allocation and determination. If

MEAA contends that the amount so allocated is not fair and reasonable, such

claim shall be determined by arbitration in accordance with Appendix 3.

Despite the foregoing, Distributor’s Gross Receipts shall not include sums

required to be paid or withheld as goods and services taxes, value added taxes

and other taxes, in the nature of turnover taxes, sales taxes or similar taxes

based on the actual source receipts of such motion pictures or on any monies

to be remitted to or by the distributor (excluding income tax, franchise tax, or

excess profit tax or similar tax payable on the party’s net income or for the

privilege of doing business).

including, without limitation, cassette, cartridge, phonogram or other similar

audio-visual device now known or hereafter devised, containing a theatrical

motion picture (recorded on film, disc, tapes or other material) and designed for

replay in the home (or other private place of the individual consumer) through a

television receiver or comparable device. “Home Video Distribution” does not

include electronic sell-though or streaming or other form of delivery where the

consumer does not purchase or rent the Film as embodied on a physical device

such as a cassette or DVD (but for the avoidance of doubt, revenue from

electronic sell-through etc shall form part of Distributor’s Gross Receipts.

(d) The Producer will ensure that all licensees, distributors, sales agents and

parties entering into agreements with the Producer to exploit the film are made

aware of their obligations for the payment of rights and residuals due to

performers under this Agreement.

39G. Distributor’s Assumption Agreement

(a) Without limitation to clauses 39A.2(a), 39A.2(d), 39A.3(a) ,30A.3(c) and 39F(a)

the Producer must use best endeavours to procure that the distributor(s)

controlling the US Network Television Rights, North American Free Television

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Rights (other than US Network), North American Pay Television Rights and/or

North American Ancillary Rights referred to in clause 39A.2 and 39A.3 (“Relevant

North American Distributor”) enters into a Distributor Assumption Agreement in

the form of Appendix 4, pursuant to which the Relevant North American

Distributor agrees to assume the obligations of the Producer to pay US Network

Residual Fees and/or the North American Residual Fees (as applicable).

(b) Where the Producer appoints a sales agent, whose appointment includes the

territory or the US alone or North America, the Producer shall use best

endeavours to ensure that the sales agent requires the Relevant North American

Distributor to enter into a Distributor Assumption Agreement.

agreement from the distributor(s) to enter into a Distributors Assumption

Agreement, the Producer will promptly notify the MEAA as soon as it becomes

aware and in any event prior to distribution of the Film and arrange a time to meet

with the MEAA to discuss a way forward for arrangements for the payment of US

Network Residual Fees and/or the North American Residual Fees.

40. SUPERANNUATION

(a) In addition to all other payments provided for by this Agreement, the Producer shall

make a superannuation contribution pursuant to the Superannuation Guarantee

Legislation to the Media Super or such other fund as nominated by the Artist on

behalf of the Artist, at the rate of 10% on the following:

(i) the Artist’s Composite Fee; and

(ii) all regular contracted overtime (whether or not worked) noted at Clause 3 of

the Performer's Standard Contract (Schedule "A")

paid to the Artist for the duration of the engagement provided that if the total

of (i) and (ii) above exceeds $240,000 paid by the Producer to the Artist in any

one financial year the Producer will not be obliged to pay a superannuation

contribution on the component of the Artist’s payment in excess of $240,000

in that financial year.

(b) Juvenile Artists shall not be entitled to the benefits of this clause unless:

(i) The Juvenile is engaged on a 12 week contract or longer; or

(ii) The Juvenile has been employed in the Entertainment Industry for a minimum

of six professional engagements; or

(iii) The Juvenile has previously been employed in the entertainment industry for

a minimum of 30 days.

not otherwise have received a contribution as a consequence of section 27(1)(a) of

the Superannuation Guarantee (Administration) Act 1992. Therefore the provision

of section 27(1)(a) of the Superannuation Guarantee (Administration) Act 1992 will

not apply to this agreement. In the event that a Producer is not able to make

contributions to a superannuation fund on the Artists behalf the Producer will make

a payment, equal to the required superannuation contribution identified in clause

40(a), directly to the Artist and will identify the payment on the Artists statement of

earnings as a “superannuation payment.”

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41. NUDITY/SEX SIMULATED SCENES

(a) (i) The Producer or his/her representative may not direct the Artist to appear nude,

Semi-Nude or in sex simulated scenes except where such request has been

previously discussed with the Artist and expressly stated in the Artist's contract

or the separate written consent of the Artist has been obtained.

(ii) A Performer’s consent to appear nude, Semi-Nude or in a sex simulated scene

may only be sought by the Producer where the Producer has specified the

following in writing:

(A) The scene where the nudity will be required;

(B) The extent of the nudity involved;

(D) The nature of the wardrobe involved (if any) (see through clothes etc.).

And any other relevant information requested by the Artist pertaining to the

scene which may reasonably be expected to give full, true and complete

disclosure and informed consent.

(b) Subject to Clause 41(c), the Producer may, for publicity purposes, use stills or

footage of the Artist appearing in scenes referred to in Clause 41(a) provided that

the Artist's written consent to such usage has been obtained.

the Artist is required to appear nude, Semi-Nude or in sex simulated scenes. A

special still photographic session may be conducted immediately prior to or after the

filming of such scenes, provided that the Artist's consent is obtained pursuant to

Clause 41(b) and the Artist is clearly advised prior to and at the time of the stills

session that such session is to take place. The Artist is to be given the right of

approval in respect of selection of such publicity stills and shall not withhold approval

beyond any conditions upon which consent may have been provided pursuant to

Clause 41(b).

(d) The Artist may nominate an individual to be present during the filming or Rehearsal

of nude or sex simulated scenes.

(e) A Stand-In or Double cannot be used in a scene where the Stand-In or Double is

required to appear nude, Semi-Nude or in sex simulated scenes, unless the express

written consent of the original Artist is obtained.

(f) (i) The Producer shall ensure during Rehearsal or filming of sex simulated

scenes or scenes where the Artist appears nude that the set (or place of

Rehearsal) will be closed to all but essential production personnel.

(ii) Where the Artist is directed to appear Semi-Nude (but not in a sex simulated

scene) the Artist may request that the set or place of Rehearsal be closed as

provided in sub-paragraph (f)(i).

(g) The Producer shall ensure to the best of his/her ability that all outtakes of the Film

featuring the Artist in scenes referred to in Clause 41(a) are destroyed. This shall

not apply to outtakes held for alternative versions of the Film necessitated by

overseas distribution requirements. In the event however that outtakes are retained

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as provided for in this provision such outtakes are also to be destroyed when no

longer required.

42. DANCERS

(a) All footwear for dancers, where such footwear is provided by the Producer, shall be

appropriate to the work, clean, properly fitted, braced and rubbered.

(b) The Producer shall ensure that an adequate warm-up space is provided to permit all

dancers to "warm-up" thirty minutes prior to the commencement of work. Such warm-

up time shall count as time worked.

Rehearsal/filming periods.

(d) The Producer shall ensure to the best of his/her ability that all surfaces on which the

dancers are required to perform or rehearse are safe including that they are:

(i) resilient and

(ii) clean and free of wax, nails etc.

(e) This clause applies only in circumstances where professional dancers are engaged

to perform choreographed or unchoreographed dance (eg. rap, freestyle) to a level

normally expected of a professional dancer.

43. PUBLICITY/PROMOTION

(a) The Artist shall carry out such publicity and/or promotion work for the Film outside

the Artist's normal working hours as may be reasonable.

(b) The Producer may require the Artist to be available for publicity and/or promotion

work within the Artist's normal working hours.

promotion work outside his/her normal working hours s/he shall be paid at the rate

of the BNF with a minimum Call of two and one half hours.

(d) In carrying out any publicity and/or promotion work pursuant to this clause, an Artist

shall, where relevant, be entitled to the provisions of this Agreement in respect of

travelling, accommodation and expenses except that:

(i) an Artist shall be provided with transport or paid the cost of same both ways:

(1) between the Artist's place of residence and the place of publicity and/or

promotion work, or

(2) where the Artist is required to travel by air to the place of publicity and/or

promotion work, between the Artist’s place of residence and the airport

terminal where the Artist’s travel commences and between the airport

terminal where the Artist’s air travel concludes and the place of publicity

and/or promotion work; and

(ii) an Artist shall be provided with air travel of a class stipulated in the Artist's

engagement/employment contract or in the absence of any such stipulation,

pursuant to Clause 13(a);

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(iii) except to the extent specific publicity and promotion obligations are contracted

at point of engagement, where the Artist is required to travel interstate or

similar distance outside contracted hours payment for hours worked will be

calculated from the scheduled departure time of the plane (or other transport)

in the home state of the Performer to the actual return time of the plane (or

other transport) in the home state of the Performer.

(e) Prior to the Artist's departure s/he shall be provided with an itinerary outlining the

places where s/he will be required to attend and the duties required of the Artist in

carrying out such publicity and/or promotion work (eg. interviews, performance etc.).

44. STORAGE OF PERSONAL EFFECTS

(a) The Producer shall make available a securable facility (eg. a trunk, large box or

locker) for the storage of the personal effects of all Performers.

(b) The Producer shall nominate one or more persons to be responsible for locking and

unlocking the facility for the purpose of storing personal effects therein.

shall be held responsible or liable for the safekeeping of the personal effects stored

within the facility referred to in this clause.

45. ENTERPRISE FLEXIBILITY ARRANGEMENTS

(a) Notwithstanding any other provision of this enterprise agreement, the Producer and

an individual Artist may agree to vary the application of certain terms of this

enterprise agreement to meet the genuine individual needs of the Producer and the

individual Artist. The terms the Producer and the individual Artist may agree to vary

the application of are those concerning:

(i) arrangements for the taking of meal and other work breaks.

(b) The Producer and the individual Artist must have genuinely made the agreement

without coercion or duress.

(i) be confined to a variation in the application of one or more of the terms

listed in clause 14; and

(ii) result in the Artist being better off overall than the Artist would have

been if no individual flexibility agreement had been agreed to.

(d) The agreement between the Producer and the individual Artist must also:

(i) be in writing in a form agreed between the Producer and the MEAA,

name the parties to the agreement and be signed by the Producer and

the individual Artist and, if the Artist is under 18 years of age, the Artists

parent or guardian;

(ii) state each term of this enterprise agreement that the Producer and the

individual Artist have agreed to vary;

(iii) detail how the application of each term has been varied by agreement

between the Producer and the individual Artist;

(iv) detail the monetary value of each term that has been varied by

agreement between the Producer and the individual Artist;

(v) detail how the agreement results in the individual Artist being better off

overall in relation to the individual Artist’s terms and conditions of

employment; and

(vi) state the date the agreement commences to operate.

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(e) The Producer must give the individual Artist a copy of the agreement and keep the

agreement as a time and wages record.

(f) Except as provided in clause 45(d)(i) the agreement must not require the approval

or consent of a person other than the Producer and the individual Artist.

(g) A Producer seeking to enter into an agreement must provide a written proposal to

the Artist. Where the Artist’s understanding of written English is limited the

employer must take measures, including translation into an appropriate language,

to ensure the Artist understands the proposal.

(h) The agreement may be terminated:

(a) by the Producer or the individual Artist giving four weeks’ notice of

termination, in writing, to the other party and the agreement ceasing to operate

at the end of the notice period; or

(b) at any time, by written agreement between the Producer and the individual

Artist.

(i) The right to make an agreement pursuant to this clause is in addition to, and is not

intended to otherwise affect, any provision for an agreement between an Producer

and an individual Artist contained in any other term of this enterprise agreement.

(j) Any such agreement may not be made a requirement by an Producer of any

prospective Artist gaining employment.

46A. ANTI-DISCRIMINATION

46.1 It is the intention of the respondents to this Agreement to achieve the principal object

in section 771 of Division 2 of the Fair Work Act 2009 through respecting and valuing

diversity of the workforce by helping to prevent and eliminate discrimination on the

basis of race, colour, sex, sexual preference, age, physical or mental disability,

marital status, family responsibilities, pregnancy, religion, political opinion, national

extraction or social origin, having consideration for the inherent requirements of a

role or production.

46.2 Accordingly, in fulfilling their obligations under the disputes avoidance and settling

clause, the respondents must make every endeavour to ensure that neither the

Agreement provisions nor their operation are directly or indirectly discriminatory in

their effects.

46.3 Nothing in this clause is to be taken to affect:

46.3.1 any different treatment (or treatment having different effects) which is

specifically exempted under the Commonwealth anti-discrimination

legislation;

46.3.2 junior rates of pay;

46.3.3 an Artist, a Producer or MEAA, pursuing matters of discrimination in any

state or federal jurisdiction, including by application to the Human Rights

and Equal Opportunity Commission; or

46.3.4 the exemptions in sections 170CK(3) and (4) of the Act.

46 B. DIVERSITY IN CASTING

(a) SPAA, IPI and the MEAA recognise the need for expanding the participation of

performers from ethnic minorities (for example Indigenous Australians and Asian-

Australians), women performers and performers with disability in their artistic

process. Towards that end the Producer confirms its commitment to non-

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discrimination and a flexible, imaginative casting policy, known hereafter as diverse

casting.

(b) Diverse casting shall be defined, for the purposes of this Agreement, as the casting

of ethnic minority performers, women performers and performers with disability in

roles where race, ethnicity, gender or the presence or absence of a disability is not

germane.

contracts with directors and casting consultants.

(d) SPAA, IPI and the MEAA agree to collaborate in the presentation of a

“diverse casting one day workshop” to be held in Melbourne and

Sydney. The parties will make equal financial and non-financial contributions to the

workshop. The diverse casting workshop will be designed to promote diversity in

casting policies and behaviour and will be open to identified performers, casting

agents, writers, directors, producers, and distributors.

47. SMOKING

(a) The Producer or his/her representative may not direct the Artist to smoke or appear

to be smoking except where such a request has been previously discussed with the

Artist and expressly stated in the Artist’s contract or the separate written consent of

the Artist has been obtained, and the Producer may not, for publicity purposes use

stills of the Artist appearing in such scenes.

(b) A Performers consent to smoke in a scene may only be sought by the Producer where

the Producer has specified the following in writing:

(i) The scene where smoking will be required; and

(ii) The extent of the smoking involved.

And any other relevant information requested by the Artist pertaining to the scene

which may reasonably be expected to give full, true and complete disclosure and

informed consent.

48. DISCUSSIONS DURING THE TERM OF THE AGREEMENT

(a) Despite anything in this Agreement to the contrary but subject to Clauses 48(b) and

48(c), the parties have agreed to exclude a Film from the operation of Clauses

39(a)(ii) - (v) (inclusive) and 39A.4 if the Film:

(i) is funded wholly or principally by a US Studio; or

(ii) is subject to Australian Creative Control but with a budgeted cost equal to or in

excess of $AUD22.5 million.

(b) Notwithstanding sub-clause 48(a), it is understood between the parties that the

quantum of the loadings for rights under clauses 39(a) (ii) - (v) is not to be

renegotiated but rather, the extent of the rights acquired pursuant to those clauses

for the payments made;

(inclusive) and 39A.4 to accommodate Films covered by Clause 48(a) above as early

as possible but in any event prior to the production of each such Film.

49. NO EXTRA CLAIMS

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

MEAA undertakes that it will make no further claims for the term of this Agreement except

as set out in Clause 48 above and in relation to the negotiation of an Agreement to replace

this Agreement which negotiations will commence no earlier than 1 July 2009.

50. DISPUTE RESOLUTION

(a) The parties to this Agreement are committed to promoting good industrial relations

based upon goodwill, consultation and discussion.

(b) Stages 1 to 5 of this procedure shall be observed by the artist(s)/MEAA and the

producer/parties to resolve any grievance, claim or dispute other than a safety

dispute which arises at the workplace in respect of a local matter, the resolution of

which is not likely to have a repercussive impact at any other location in the industry.

this Agreement to resolve any grievance, claim or dispute other than a grievance,

claim or dispute referred to in paragraph (b) hereof or a safety dispute.

(d) During the progress of discussions pursuant to Stages 1 to 5 of this procedure, no

stoppage of work or any other form of limitation of work shall be applied by either the

producer or the artist(s).

(e) In the event of a grievance, claim or dispute arising which involves the working of

overtime in accordance with the Agreement by any artist(s), the dispute settling

procedure set out herein shall be observed. During the progress of discussions

pursuant to Stages 1 to 5 of this procedure, work shall continue in the normal manner

and overtime shall be worked as instructed by the producer in accordance with the

Agreement.

(f) Subject to (c) hereof, nothing contained herein shall preclude the producer and/or

producer organisation and the union from entering into direct negotiations on any

matter.

PROCEDURE

Stage 1 The grievance, claim or dispute shall be discussed between the artist(s)

concerned and his/her/their immediate supervisor(s). A MEAA representative

may be requested to join the discussion.

Stage 2 If not resolved, the grievance, claim or dispute shall be discussed between an

accredited MEAA representative and a delegated officer of the producer.

Stage 3 If agreement has been reached the grievance, claim or dispute shall be

discussed between the accredited MEAA representative (or his/her nominee)

and the producer (or his/her nominee).

Stage 4 If the grievance, claim or dispute is still not resolved it shall be discussed

between the MEAA and the producer organisation.

Stage 5 If the matter remains unresolved and it is a matter arising under this

Agreement or the NES, then a party to the dispute may refer the matter to Fair

Work Australia.

Stage 6 Fair Work Australia may deal with the dispute in 2 stages:

(a) Fair Work Australia will first attempt to resolve the dispute as it considers

appropriate, including by mediation, conciliation, expressing an opinion or

making a recommendation; and

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

(b) If Fair Work Australia is unable to resolve the dispute at the first stage,

Fair Work Australia may then:

(i) arbitrate the dispute; and

(ii) make a determination that is binding on the parties.

Stage 7: If Fair Work Australia will not arbitrate the dispute in accordance with 6(b) the

parties will refer the matter to an independent arbitrator in accordance with

Appendix 3 to this Agreement.

51. CONSULTATION ON MAJOR WORKPLACE CHANGE

(a) This term applies if:

(i) the Producer has made a definite decision to introduce a major change to

production, program, organisation, structure, or technology in relation to its

enterprise; and

(ii) the change is likely to have a significant effect on Artists of the enterprise.

(b) The Producer must notify the relevant Artists and the MEAA of the decision to

introduce the major change.

procedures in this term.

(d) If:

(i) a relevant Artist appoints, or relevant Artists appoint, a representative for the

purposes of consultation; and

(ii) the Artist or Artists advise the Producer of the identity of the representative;

the Producer must recognise the representative.

(e) As soon as practicable after making its decision, the Producer must:

(i) discuss with the relevant Artists:

A. the introduction of the change; and

B. the effect the change is likely to have on the Artists; and

C. measures the Producer is taking to avert or mitigate the

adverse effect of the change on the Artists; and

(ii) for the purposes of the discussion — provide, in writing, to the relevant

Artists:

A. all relevant information about the change including the nature

of the change proposed; and

B. information about the expected effects of the change on the

Artists; and

C. any other matters likely to affect the Artists.

(f) However, the Producer is not required to disclose confidential or commercially

sensitive information to the relevant Artists.

(g) The Producer must give prompt and genuine consideration to matters raised about

the major change by the relevant Artists.

(h) If a term in this Agreement provides for a major change to production, program,

organisation, structure or technology in relation to the enterprise of the Producer,

the requirements set out in sub-clauses (b), (c) and (e) are taken not to apply.

(i) In this term, a major change is likely to have a significant effect on Artists if it

results in:

(i) the termination of the employment of Artists; or

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

(ii) major change to the composition, operation or size of the Producer’s

workforce or to the skills required of Artists; or

(iii) the elimination or diminution of job opportunities (including opportunities for

promotion or tenure); or

(iv) the alteration of hours of work; or

(v) the need to retrain Artists; or

(vi) the need to relocate Artists to another workplace; or

(vii) the restructuring of jobs.

(j) In this term, relevant Artists means the Artists who may be affected by the major

change.

(k) It is not intended that this clause apply to the alterations to production schedules

that ordinarily or conventionally occur in the course of the production of a Film.

PLEASE NOTE:

The Actors’ Feature Film Agreement Standard Contract and The Actors’ Feature Film

Agreement Standard Lenders Contract is Schedule A of the Agreement. The Actors’

Feature Film Standard Lender’s Contract is to be used where the Performer uses a

company and is engaged as such. The Lender is the Performer’s company.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

SCHEDULE A

ACTORS FEATURE FILM COLLECTIVE AGREEMENT STANDARD CONTRACT

2012 VERSION

PRODUCTION TITLE

FILM CATEGORY

PRODUCTION COMPANY (ABN )

ADDRESS (Production Office

PHONE

ARTIST'S NAME

ARTIST'S ADDRESS

JUST SUPER NUMBER

AGENT'S NAME

AGENT'S ADDRESS

PHONE

This AGREEMENT dated 200_ is between the abovementioned production

company of the one part ("the Producer") and the above-mentioned Artist of the other part (“the Artist”) in respect of

the above-mentioned production ("the Film").

WHEREAS:

A. THIS AGREEMENT incorporates and includes all of the terms and conditions of The Actors Feature Film

Collective Agreement 2012 (as amended) (“AFFCA”) between the Media Entertainment and Arts Alliance

(“MEAA”), the Screen Producers Association of Australia (“SPAA”) and the Independent Producers Initiative Inc

(“IPI Inc”) as if those terms were written herein. In the event of any inconsistency between the terms of this

Contract and the terms of AFFCA, the terms of AFFCA shall prevail.

B. THE PRODUCER has agreed to engage the Artist to perform the part of . for the

Film.

C. RIGHTS: The Artist acknowledges that for the total fees set out hereunder the Producer, for the percentage

designated, has acquired the following rights:

(delete

and initial

those

rights not

acquired)

Australian Free Television Rights

4 runs over 5 years

or 5 runs over 5 years

20%

or 25%

Australian Ancillary Rights and Australian Pay

Television Rights

20%

World TV Rights excluding US Network* 25%

World Theatrical Rights* 25%

World Ancillary Rights excluding Australia* 20%

PERCENTAGE TOTAL

and these rights are hereby assigned.

*Note: World TV Rights excluding US Network, World Theatrical Rights and World Ancillary Rights excluding

Australia are limited to a period of 4 years in North America. Thereafter North American Residuals are payable in

accordance with clause 39A.3 of the AFFCA.

Subject to payment by the Producer to MEAA of the Residual Fees payable in accordance with Clause 39A.2(a)

of AFFCA, the Producer shall be entitled to screen (or authorise others to screen) the Film on US Network

television.

The Producer shall pay to MEAA sums from time to time equal to 10% of 100% of the Producer’s Share of Film’s

Net Profits and the Residual Fees in accordance with clause 39A of AFFCA.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

D. CONSENT: The Producer shall have the right to photograph, record and/or otherwise produce, reproduce,

transmit, exhibit, distribute and publicise in connection with the Film any and all of the acts, poses, plays and

appearances of any and all kinds of the Artist appearing in the Film containing such acts, poses, plays and

appearances.

The Producer shall likewise have the right to use and give publicity to the Artist's name and likeness, photographic

and otherwise, and to recordings and reproductions of the Artist's voice and all instrumental, musical and other

sound effects produced by the Artist in the Film in order that it may be publicised or advertised.

Nothing in this Agreement shall prevent the Artist from being entitled to receive moneys from any recognised

collecting society charged with the collection and payment of secondary royalties pursuant to collective

agreements negotiated by such collection societies under the laws of any jurisdiction (‘Collection Society Income’),

but this shall not constitute an admission or acknowledgment that the Producer is obliged to make any payment

of Collection Society Income to any collecting society or the Artist.

In the event of a proposed sale of the Film or any rights thereto by the Producer, the MEAA is authorised to act

as agent for the Artist in the making of any Novation Agreement in accordance with clause 39D.1 of the AFFCA,

and the rights and obligations of the Producer, the Artist and the Purchaser shall be subject to the terms of any

Novation Agreement thereby made.

The Artist consents to the Producer providing his/her personal details to the MEAA for the purposes of

administration and processing of payment of Residuals Fees by the MEAA.

THE PARTIES AGREE AS FOLLOWS:

1. ENGAGEMENT - WEEKLY

The Artist is engaged by the week on the following basis for..................................days over.........................weeks

to commence from ......................................... and terminate on ............................ with a maximum of

....................... days and not more than .......................................hours per week to be worked in not more than

............................. hours per day. Weeks worked in excess of .................................. will be paid for at

..................................................

2. ENGAGEMENT - DAILY

The Artist is engaged by the day on the following basis for ........................................ days on the following dates

with not more than ...................................... hours per day.

3. SALARY

WEEKLY DAILY

Artist's Basic Negotiated Fee $..................... Artist's Basic Negotiated Fee $....................

Film Category Loading $..................... Film Category Loading $.....................

Loading for Rights (………%) $...................... Loading for Rights (………%) $.....................

[Category ……..] [Category ……..]

COMPOSITE FEE $...................... COMPOSITE FEE $......................

Overtime up to ......... hours $........................ Overtime up to .......... hours $......................

TOTAL WEEKLY FEE $____________ TOTAL DAILY FEE $___________

Annual Leave Provision $....................... Annual Leave Provision $......................

N.B. 1. Payment of annual leave shall be calculated on the Artist's contracted or actual overtime worked - whichever is the

greater. See clause 16 of AFFCA.The Artist acknowledges and agrees that due to the unique nature of film

production and operational requirements of the Producer, it is not reasonably practicable for the Artist to take annual

leave during the course of an engagement. The Artist agrees that a payment in lieu of accrued but untaken leave

will be paid at the end of an Artist’s engagement.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

2. Post Synchronisation shall be paid at the hourly equivalent of the Artist's Composite Fee with a minimum payment

of 2.5hrs.

3. Rehearsals shall be paid at the Artist's Basic Negotiated Fee. See clause 36 of AFCFA.

4. ADDITIONAL DAYS TO CONTRACT

Should the Artist be required to work additional days, days up to and including ..........................................shall

be payable at a fee of $.......................... per day. Should the Artist be required to work additional days numbering

more than ............................... and up to and including ......................................... the weekly rate of

$......................................... will be payable.

5. METHOD OF PAYMENT: The Artist hereby acknowledges that the aforementioned Agent (if any) is authorised

to collect and receive all sums of money payable to the Artist provided that the Artist may require payments to

be made directly to the Artist upon written notification to the Producer. Receipt of such moneys by the said

Agent or Artist shall be a good and valid discharge all such moneys owed.

6. SPECIAL STIPULATIONS: Specify requirements (for example nudity, haircuts, Making-Of Film(s) etc.)

7. CREDIT: The name under which the Artist is to receive a credit (if applicable) shall be

(Please print clearly)

Additional Billing Requirements:

8. SUPERANNUATION: The Producer shall contribute to JUST Super or the Superannuation fund of the Artist’s

choice in accordance with clause 40 of AFFCA.

9. MEAA MEMBERSHIP: The Artist warrants that the Artist is / is not a financial member of MEAA prior to

commencement of engagement.

IN WITNESS WHEREOF the parties have affixed their signature on the day and year first hereby written.

ARTIST PRODUCER

........................................................................ ..................................................................………

(signature) (signature)

...............................................................................

(print name and title of person signing on behalf of the

Producer)

Witnessed by: Witnessed by:

................................................................................ ................................................................................

(signature) (signature)

................................................................................. ................................................................................

(print name) (print name)

N.B Unless the Agent produces proof of a Power of Attorney, this contract must be signed by the Artist.

(For information only I certify that I am of ................................................ nationality.)

ACTORS FEATURE FILM COLLECTIVE AGREEMENT

ACTORS’ (LENDERS) STANDARD CONTRACT

2012 VERSION

PRODUCTION TITLE

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

FILM CATEGORY

PRODUCTION COMPANY (ABN )

ADDRESS (Production Office)

PHONE

LENDER'S NAME (ABN )

LENDER'S ADDRESS

PHONE

ARTIST'S NAME

ARTIST'S ADDRESS

AGENT'S NAME

AGENT'S ADDRESS

PHONE

This AGREEMENT dated .................................................... 200_ is between the abovementioned production

company of the first part ("the Producer"), the abovementioned Lending company of the second part ("the Lender")

and the abovementioned Artist of the third part ("the Artist") in respect of the above-mentioned production ("the Film").

WHEREAS:

A. THIS AGREEMENT incorporates and includes all of the terms and conditions of The Actors Feature Film

Collective Agreement 2012 (as amended) (“AFFCA”) between the Media Entertainment and Arts Alliance

(“MEAA”), the Screen Producers Association of Australia (“SPAA”) and the Independent Producers Initiative Inc

(“IPI Inc”) as if those terms were written herein. In the event of any inconsistency between the terms of this

Contract and the terms of AFFCA, the terms of AFFCA shall prevail.

B. THE PRODUCER has agreed with the Lender to engage the Artist and the Artist has agreed to perform the part

of ................................. ................................................................................................... for the Film.

C. RIGHTS: The Lender and the Artist acknowledge that for the total fees payable to the Lender set out hereunder

the Producer, for the percentage designated, has acquired the following rights:

(delete and

initial those

rights not

acquired)

Australian Free Television Rights

4 runs over 5 years

or 5 runs over 5 years

20%

or 25%

Australian Ancillary Rights and Australian Pay

Television Rights

20%

World TV Rights excluding US Network* 25%

World Theatrical Rights* 25%

World Ancillary Rights excluding Australia* 20%

PERCENTAGE TOTAL

and these rights are hereby assigned.

*Note: World TV Rights excluding US Network, World Theatrical Rights and World Ancillary Rights excluding

Australia are limited to a period of 4 years in North America. Thereafter North American Residuals are payable in

accordance with clause 39A.3 of the AFFCA.

Subject to payment by the Producer to MEAA of the Residual Fees payable in accordance with Clause 39A.2(a)

of AFFCA, the Producer shall be entitled to screen (or authorise others to screen) the Film on US Network

television.

The Producer shall pay to MEAA sums from time to time equal to 10% of 100% of the Producer’s Share of Film’s

Net Profits and the Residual Fees in accordance with clause 39A of AFFCA.

D. CONSENT: The Producer shall have the right to photograph, record and/or otherwise produce, reproduce,

transmit, exhibit, distribute and publicise in connection with the Film any and all of the acts, poses, plays and

appearances of any and all kinds of the Artist appearing in the Film containing such acts, poses, plays and

appearances.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

The Producer shall likewise have the right to use and give publicity to the Artist's name and likeness,

photographic and otherwise, and to recordings and reproductions of the Artist's voice and all instrumental,

musical and other sound effects produced by the Artist in the said Film in order that it may be publicised or

advertised.

Nothing in this Agreement shall prevent the Artist from being entitled to receive moneys from any recognised

collecting society charged with the collection and payment of secondary royalties pursuant to collective

agreements negotiated by such collection societies under the laws of any jurisdiction (‘Collection Society

Income’), but this shall not constitute an admission or acknowledgment that the Producer is obliged to make any

payment of Collection Society Income to any collecting society, the Lender or the Artist.

In the event of a proposed sale of the Film or any rights thereto by the Producer, the MEAA is authorised to act

as agent for the Artist and the Lender in the making of any Novation Agreement in accordance with clause 39D.1

of the AFFA, and the rights and obligations of the Producer, the Artist, the Lender and the Purchaser shall be

subject to the terms of any Novation Agreement thereby made.

The Artist consents to the Producer providing his/her personal details to the MEAA for the purposes of

administration and processing of payment of Residuals Fees by the MEAA.

THE PARTIES AGREE AS FOLLOWS:

1. ENGAGEMENT - WEEKLY

The Artist is engaged by the week on the following basis for .................... days over .................... weeks to

commence from .......................................... and terminate on ............................ with a maximum of

....................... days and not more than ....................................... hours per week to be worked in not more than

........................... hours per day. Weeks worked in excess of .................................. will be paid for at

..................................................

2. ENGAGEMENT - DAILY

The Artist is engaged by the day on the following basis for........................................ days on the following dates

with not more than......................................hours per day.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

3. SALARY

WEEKLY DAILY

Artist's Basic Negotiated Fee $...................... Artist's Basic Negotiated Fee $....................

Film Category Loading $...................... Film Category Loading $.....................

Loading for Rights (................%) $...................... Loading for Rights (...................%) $.....................

[Category ……..] [Category ……..]

COMPOSITE FEE $...................... COMPOSITE FEE $......................

Overtime up to ......... hours $........................ Overtime up to .......... hours $......................

Payment Payment

(in lieu of annual leave – 8.33%) $........................ (in lieu of annual leave – 8.33%) $........................

TOTAL WEEKLY FEE $____________ TOTAL DAILY FEE $____________

N.B. 1. Post Synchronisation shall be paid at the hourly equivalent of the Artist's Composite Fee with a minimum

payment of 2.5hrs.

2. Rehearsals shall be paid at the Artist's Basic Negotiated Fee. See clause 36 of AFFCA.

3. The Producer shall pay to the Lender, in addition to the Total Weekly Fee or Total Daily Fee (as the case

may be), an amount equal to 10 % of the Total Weekly Fee or Total Daily Fee (as the case may be).

4. ADDITIONAL DAYS TO CONTRACT

Should the Artist be required to work additional days, days up to and including ......................................shall be

payable at a fee of $.......................... per day. Should the Artist be required to work additional days numbering

more than ................................... and up to and including ................................... the weekly rate of

$......................................... will be payable.

5. METHOD OF PAYMENT: The Artist and the Lender hereby acknowledges that the aforementioned Agent (if

any) is authorised to collect and receive all sums of money payable to the Artist and the Lender provided that

the Artist and the Lender may require payments to be made directly to the Lender or the Artist upon written

notification to the Producer. Receipt of such moneys by the said Agent shall be a good and valid discharge all

such moneys owed.

6. SERVICE AGREEMENT: The Artist is and will be throughout this agreement under a contract of service to the

Lender which shall not be varied during the course of this agreement without the prior consent of the Producer.

7. SPECIAL STIPULATIONS: Specify requirements (for example nudity, haircuts, Making-Of Film(s) etc.)

8. CREDIT: The name under which the Artist is to receive a credit (if applicable) shall be

(Please print clearly)

Additional Billing Requirements:

9. MEAA MEMBERSHIP: The Artist warrants that the Artist is / is not a financial member of MEAA prior to

commencement of engagement.

IN WITNESS WHEREOF the parties have affixed their signature on the day and year first hereby written.

LENDER PRODUCER

............................................................................. ...........................................................................

(signature) (signature)

ARTIST................................................................. ...........................................................................

(print name and title of person signing for the Producer)

.............................................................................

(signature)

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

Witnessed by: Witnessed by:

............................................................................... ...........................................................................

(signature) (signature)

............................................................................... ...........................................................................

(print name) (print name)

NB Unless the Agent produces proof of a Power of Attorney, this contract must be signed by the Artist.

(For information only I certify that I am of ........................................................ nationality.)

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

APPENDIX 1

SIGNATORIES

for and on behalf of the MEDIA ENTERTAINMENT & ARTS ALLIANCE

Signature:

Name:

Position:

Date:

for and on behalf of the Production Company

…………………………………………………………

Signature:

Name:

Position:

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

APPENDIX 2

The following allowances are adjusted each year by applying the June quarter CPI increase

for the previous 12 months to the rate for the previous year, with the new rate to be effective

from August 1 each year.

AFFCA - APPENDIX 2 -

ALLOWANCES

Clause Purpose 1/8/11-30/7/12 1/7/12-30/7/13

MEALS

13(d),(e). 14(a)

Breakfast 15.10

15.50

13(d),(e). 14(b)

Lunch 17.10

17.50

13(d),(e). 14(b)

Dinner 26.10

26.80

13(d),(e). 14(j)

Supper 17.10

17.50

ACCOMMODATION

13(d)

Private home 10.20

10.60

13(d)

Caravan 20.80

21.70

13(d)

Shearers' quarters 41.40

43.20

TRANSPORT

13 (m)

Car 0.89

0.91

13 (m)

Motor bike 0.42

0.43

WARDROBE

26(d)

Formal Wear 50.10

51.10

26(d)

Other Wardrobe 29.90

30.50

26(d)

Special Character 50.10

51.10

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

APPENDIX 3

ARBITRATION PROCEDURE

1. The parties shall in good faith agree upon the person to act as arbitrator. Subject to

availability, the arbitrator appointed shall have experience in matters involving the

entertainment industry. The parties are unable to agree on the name of arbitrator or

that person is unavailable and the parties cannot agree on a replacement within ten

(10) business days of the request to agree by the party requesting the arbitration

(“Requesting Party”) to the responding party (“Responding Party”) then the

Requesting Party shall ask the President of the Law Society of NSW to nominate an

arbitrator who is suitable and available to arbitrate. Neither party may challenge the

jurisdiction or authority of the person agreed or nominated under this clause (“the

Arbitrator”).

2. The arbitration will be conducted in Sydney (or in such other place as the parties to

the dispute may agree) in accordance with the Australian Commercial Disputes

Centre Rules for Domestic Arbitration which are operating at the time the dispute is

referred to arbitration by the Arbitrator. To the extent permitted at law, the parties

waive the right to seek punitive damages and the Arbitrator shall have no authority to

award such damages. The Arbitrator will provide a detailed written statement of

decision, which will be part of the arbitration award and admissible in any judicial

proceeding to confirm, correct or vacate the award. If either party refuses to perform

any or all of its obligations under the final arbitration award (following appeal, if

applicable), then the other party may enforce the final award in any court of

competent jurisdiction in New South Wales. The party seeking enforcement shall be

entitled to recover all costs, fees and expenses, including attorneys’ fees, incurred in

enforcing the award, to be paid by the party against whom enforcement is ordered.

Screen Producers Association of Australia and Media Entertainment and Arts Alliance

Acotrs Feature Film Collective Agreement

APPENDIX 4

DISTRIBUTOR’S ASSUMPTION AGREEMENT

In consideration of the execution of a Distribution Agreement between

_________________________________ (hereinafter referred to as “Producer”) and

____________________________________ (hereinafter referred to as “Distributor”),

Distributor agrees that the motion picture more specifically described in the attached

scheduled (hereinafter referred to as “Film”) is subject to the Actors Feature Film Collective

Agreement 2012 (hereinafter referred to as “AFFCA”), and particularly to the provisions

thereof providing for the payment of US Network runs and other residual payments in respect

of North America, and Distributor hereby agrees, expressly for the benefit of the Media

Entertainment & Arts Alliance (hereinafter referred to as “the MEAA”) as representative of the

performers whose services are included in the Film, to pay all additional residual payments

required thereby, arising out of the distribution of the Film by or on behalf of Distributor,

including where the Film is:

[Amend as (i) broadcast on a US Network;

(ii) exploited by means of Free Television Rights (excluding any

screening on a US Network), Pay Television Rights and

Ancillary Rights (excluding Distributor’s Gross Receipts

earned in respect of the first four (4) years of initial

exploitation of the Film in North America)

It is expressly understood that the right of Distributor to license the Film in respect of the

above specified rights shall be subject to and conditioned upon the prompt payment of any

and all such additional compensation in accordance with the provisions of the AFFCA.

The Distributor shall give the MEAA prompt written notice of the date on which each such

Film is first telecast in the United States on a US Network and for the second run and

thereafter for each subsequent run.

Distributor agrees to keep (as applicable to the rights licensed by the Distributor):

(i) complete records showing all cities in the United States in which the Film has been

telecast on a US Network and the number of such telecasts in each such city, the

television stations on which telecast, and the dates thereof; and

(ii) complete records showing the calculation of “distributor’s gross receipts” for the Film

to the extent that such records are pertinent to the computation of payments due

under the AFFCA. The MEAA shall have the right, at all reasonable times, to inspect

any and all such records. The Distributor shall furnish reports to the MEAA showing

“distributor’s gross receipts” derived from the Film on an annual basis.

Distributor agrees to cooperate in responding to reasonable requests from the MEAA as to

whether the Film is currently being exploited in any market in North America that gives rise to

residual payments for performers. An inadvertent failure to comply with any of the notice or

reporting provisions hereof shall not constitute a default by Distributor hereunder, provided

said failure is cured promptly after written notice thereof from the MEAA.