General policy statement

This Bill amends the Employment Relations Act 2000 so that workers involved with film production work will be independent contractors rather than employees, unless they choose to be employees by entering into an agreement that provides that they are employees. Film production work includes production work for video games, but not production work on programmes initially intended for television.

The Bill reflects common practice for film-related work. The Bill provides clarity and certainty about the status of workers in the film industry; it provides assurance that workers involved in the film industry can be independent contractors, and will help prevent unnecessary litigation.

Regulatory impact statement

The Department of Labour has not had sufficient time to prepare a regulatory impact statement for this Bill.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. The Bill comes into force on the day after the date on which it receives the Royal assent.

Clause 3 provides that the Bill amends the Employment Relations Act 2000.

Clause 4 amends section 6, which relates to the meaning of employee. Subclause (1) adds new subsection (1)(d), which provides that the meaning of employee excludes the following persons in relation to a film production:

• a person engaged in film production work as an actor, voice-over actor, stand-in, body double, stunt performer, extra, singer, musician, dancer, or entertainer:

• a person engaged in film production work in any other capacity.

Subclause (2) inserts new subsection (1A), which provides that new subsection (1)(d) does not apply if the person is a party to, or covered by, an employment agreement that provides that the person is an employee.

Subclause (3) adds new subsection (7), which defines the terms film, film production, film production work, video game, and video recording.

Subclause (4) clarifies, to avoid doubt, that the amendments made by this clause do not affect an employment agreement entered into before the commencement of this clause.