Screen Industry Workers Act 2022

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Screen Industry Workers Act 2022

Public Act		2022 No 52
Date of assent		30 September 2022
Commencement		see section 2

1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purpose
4	Employment status of screen production workers determined by this Act
5	No contracting out
6	Prohibition on matters relating to bullying, discrimination, and harassment
7	Commerce Act 1986 prohibitions on restrictive trade practices do not apply
8	Act binds the Crown
9	Transitional, savings, and related provisions
10	Interpretation
11	Meaning of screen production worker
12	Meaning of workplace relationship
13	Screen productions to which Act applies
	Part 2 Good faith and freedom of association
14	Duties of good faith for parties in workplace relationship
15	Penalty for breaching section 14
16	Voluntary membership of worker organisation or engager organisation
17	Prohibition on preferential treatment
18	Undue influence prohibited
19	Penalty for breaching section 18
	Part 3 Individual contracts
20	Engager responsibilities when entering individual contracts
21	Process to vary individual contract
22	Individual contract terms
23	Mandatory terms in individual contracts
24	Prohibition on retaliatory termination or non-renewal of individual contracts
25	Penalties relating to individual contracts
	Part 4 Collective bargaining
	Subpart 1—All collective bargaining
26	Collective bargaining must be carried out in good faith
27	Bargaining parties must conclude collective contract
28	Industrial action prohibited during bargaining
29	Penalties for failing to comply with collective bargaining requirements
30	Requests for information during bargaining
	Subpart 2—Requirements for all collective contracts
31	Form and content of collective contracts
32	Mandatory terms in collective contracts
33	Bargaining fees
34	Duration of collective contracts
	Subpart 3—Occupational contracts
35	Preliminary requirements
36	Application for approval to initiate bargaining
37	When application may be made
38	Applications must be notified and submissions invited
39	Authority must decide whether to allow bargaining
40	Bargaining parties
41	Authority must decide worker organisation responsible for ratification vote
42	Authority must publish decisions on applications
43	How bargaining initiated (once approval given)
44	Removal of bargaining party
45	Removal of bargaining party: effect on bargaining for occupational contract
46	Addition of bargaining party
47	Authority must assess draft occupational contracts for suitability for ratification
48	Ratification of occupational contract
49	Occupational contracts must be delivered to chief executive
50	Coverage of occupational contract
51	Commencement of occupational contract
52	Addition of replacement signatory party to occupational contract
53	Variations to occupational contract
54	Exemptions from occupational contract
55	Process to obtain consent to less favourable term
56	Immediate exemption process
57	Penalty for breaching section 54
58	Cancellation of registration: effect on exemptions from occupational contract
	Subpart 4—Enterprise contracts
59	Who may participate in bargaining for enterprise contract
60	How and when bargaining may be initiated
61	Withdrawal of consent to bargaining prohibited
62	Limitations on terms that may be agreed
63	Ratification of enterprise contract
64	Enterprise contracts must be delivered to chief executive
65	Coverage of enterprise contract
66	Screen production worker may choose contract
67	Commencement of enterprise contract
68	Variations to enterprise contract
	Part 5 Dispute resolution, challenges, reviews, penalties, and offences
	Subpart 1—Dispute resolution, challenges, and reviews
69	Disputes
70	Mediation of disputes relating to matters under this Act
71	Facilitated bargaining: collective contracts
72	Determination of disputes by Authority
73	Application to fix disputed terms
74	Use of final offer arbitration process to fix disputed terms
75	Effect of Authority fixing terms
76	Challenges to determinations
77	Review of decisions
	Subpart 2—Penalties and offence
78	Jurisdiction concerning penalties
79	Recovery of penalties
80	Penalty for obstructing or delaying Authority investigation
81	Offence to mislead Authority or Registrar
	Part 6 Miscellaneous provisions and amendments to other Acts
	Subpart 1—Registration as worker organisation or engager organisation
82	Incorporated society may apply to register as worker organisation or engager organisation
83	When society entitled to be registered
84	Registration
85	Annual return of members
86	Cancellation of registration
	Subpart 2—Miscellaneous provisions
87	Powers of Authority when performing certain functions
	Chief executive
88	Functions of chief executive
	Access to workplaces
89	Access to workplaces
90	Representative of worker organisation must obtain consent to enter workplace
91	Conditions relating to access
92	Additional requirements relating to access
93	Penalty for certain acts in relation to entering workplace
	Registrar of Screen Industry Organisations
94	Registrar of Screen Industry Organisations
95	Registrar may seek directions of Authority
	Matters relating to occupational groups
96	Occupational groups
97	Further matters relating to change in occupational groups
	Regulations
98	Regulations
	Review of Act
99	Review of Act
	Subpart 3—Amendments to Employment Relations Act 2000
100	Amendments to Employment Relations Act 2000
101	Section 6 amended (Meaning of employee)
102	Section 16 amended (Annual return of members)
103	Section 137 amended (Power of Authority to order compliance)
104	Section 161 amended (Jurisdiction)
105	Section 187 amended (Jurisdiction of court)
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Occupational groups
	Schedule 3 Screen productions to which Act applies
	Schedule 4 Final offer arbitration for fixing terms of collective contract
	Legislative history
	Administrative information

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Screen Industry Workers Act 2022

Screen Industry Workers Act 2022

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