Crew Member: The Crew Members services are to include all services usually and customarily rendered by persons in their role in the New Zealand screen industry and:

[a - f]  unchanged

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g) Must advise production of any previous or following bookings or concurrent bookings (e.g.: half days or other work on rostered days off) which could preclude adequate rest or days off.  (NEW)

h) Should not increase their stress & fatigue liability due to a lack of adequate rest periods or days off before the commencement of, or during, their production. (NEW)

A Short Term Engagement or Short Term Engagement - Commercial that is 5 days or fewer and is broken by 34 hours or more and then recommenced, is considered two separate bookings. (NEW)

2.7

A Short Term Engagement or Short Term Engagement - Commercial that is more than 5 days and is broken by 58 hours or more and then recommenced, is considered two separate bookings. (NEW)

2.8

A Production Company and Crew Member may decide by mutual agreement to treat an engagement as either a Short Term Engagement, Short Term Engagement - Commercial or Long Term Engagement, regardless of whether it qualifies as such per the definition of that engagement type. (NEW)

2.9

A standard Short Term working week is:  

a) up to 5 consecutive working days followed by 2 consecutive days off.

OR  

b) up to 6 consecutive working days followed by 1 day off.  

Important note:

• Heavy Vehicle drivers cannot work more than 70 hours a week as per Land Transport Act 1998. In a work day
  

Heavy Vehicle drivers can work a maximum of 13 hours and then must take a break of at least 10 hours. 

The working week may be up to any 5 or 6 non-consecutive working days out of 7 on an ongoing basis only by prior agreement with the Crew Member. For temporary or one-off variations to the working week refer to 16.3.

The invoicing week must start on the same day of each week throughout an entire production. If the production does not specify a day of the week this will be determined by the day that the first shooting day falls on.

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15.4

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15.5

In any 5 day working week there must be 2 days off. In any 6 day working week there must be 1 day off.

The minimum duration of a period of consecutive days off is 24 hours per day plus 10 hours turnaround.  

E.g. For 2 consecutive days off, a minimum of 48 hours + 10 hours = 58 hours off. 

E.g. For 1 day off, a minimum of 24 hours + 10 hours = 34 hours off.

Changes to scheduled days off shall be by prior agreement with the Crew Members and with a minimum of 24 hours’ notice.

A 6 day surcharge applies to the 6^th working day out of any 7 consecutive calendar days on the condition that:

a) None of those 6 working days has already incurred a 6^th or 7^th day penalty, and

b) If the first of those 7 consecutive calendar days is a working day, it is not immediately preceded by a day off and immediately followed by a day off.

The 6^th day surcharge is paid as an additional 0.5 hours for each hour worked, including travel time. This surcharge is additional to any other penalties or overtime which may apply and must be approved by prior production agreement.

A 7th day surcharge applies to the 7^th working day out of any 7 consecutive working days on the condition that: 

a) None of those 7 working days has already incurred a 7^th day penalty, and 

b)   Neither the 1^st nor the 7^th of those 7 working days has already incurred a 6^th day penalty.  

The 7^th day surcharge is paid as an additional 1 hour for each hour worked, including travel time. This surcharge is additional to any other penalties or overtime which may apply and must be approved by prior production agreement.

An engagement of less than 5 working days, which is broken by a day (24 hours) or more and then recommenced, is considered two separate bookings.

6th Day Penalty for Short Term Engagements - Commercial.
A 6th day penalty is applicable for Short Term Engagement - Commercial. However, the production and crew may decide in advance by mutual agreement to not enforce the 6th day surcharge due to circumstances that would make it logistically untenable. Examples of circumstances that may meet this standard include:

• Talent availability restrictions.
• Travelling home on a 6th day rather than travelling after a mandatory day off.
• Unforeseeable weather events.
• Acts of God/force majeure.
• Location restrictions/availability

A Half Day is a maximum of 5 hours and is calculated as 60% of the Crew Members daily rate. (NEW)

A Half Day booking cannot be expected to proceed beyond the original scheduled 5 hour period, as the Crew Member may have accepted a second Half Day booking on the same day. (NEW)

A standard Long Term working week is:

a) up to 5 consecutive working days followed by 2 consecutive days off. 

OR 

b) up to 6 consecutive working days followed by 1 day off.

Important note: Heavy Vehicle drivers cannot work more than 70 hours a week as per Land Transport Act 1998. In a working day, Heavy Vehicle drivers can work a maximum of 13 hours and then must take a break of at least 10 hours.

The working week may be any 5 or 6 non-consecutive days out of 7 on an ongoing basis only by prior agreement with the Crew Member. For temporary or one-off variations to the working week refer to 20.3. (NEW)

The invoicing week must start on the same day of each week throughout an entire production. If the production does not specify a day of the week this will be determined by the day that the majority of consecutive 5 day work periods begin. (NEW)

E.g. A production shoots Monday to Friday with Saturday and Sunday off for 5 weeks, and then Tuesday to Saturday with Sunday and Monday off for 2 weeks. The invoicing week is considered to be Monday to Sunday for the entire engagement. The first 5 weeks are structured as 5 consecutive working days with 2 consecutive days off at the end of the week, and the last 2 weeks are 5 consecutive working days in the middle of the week with 1 day off on either side. (NEW)

In any 5 day working week there must be 2 days off. In any 6 day working week there must be 1 day off. (NEW)

The minimum duration of a period of consecutive days off is 24 hours per day plus 10 hours turnaround.  

E.g. For 2 consecutive days off, a minimum of 48 hours + 10 hours = 58 hours off.

E.g. For 1 day off, a minimum of 24 hours + 10 hours = 34 hours off.

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A 6^th day surcharge applies to the 6^th working day out of any 7 consecutive calendar days on the condition that: (NEW)

a) None of those 6 working days has already incurred a 6^th or 7^th day penalty, and

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b) If the first of those 7 consecutive calendar days is a working day, it is not immediately preceded by a day off and immediately followed by a day off. (NEW)

The 6^th day surcharge is paid as an additional 0.5 hours for each hour worked, including travel time. This surcharge is additional to any other penalties or overtime which may apply and must be approved by prior production agreement. (NEW)

A 7th day surcharge applies to the 7^th working day out of any 7 consecutive working days on the condition that: (NEW)

a) None of those 7 working days has already incurred a 7^th day penalty, and 

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b) Neither the 1^st nor the 7^th of those 7 working days has already incurred a 6^th day penalty.  (NEW)

The 7^th day surcharge is paid as an additional 1 hour for each hour worked, including travel time. This surcharge is additional to any other penalties or overtime which may apply and must be approved by prior agreement. (NEW)

The Statutory Public Holidays (for employees) in New Zealand are:  

New Year’s Day, New Year’s Holiday, Waitangi Day, Good Friday, Easter Sunday, Easter Monday, Anzac Day, Kings Birthday, Matariki, Labour Day, Christmas Day, Boxing Day, and regional anniversary holidays.

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The recognised screen production industry public holidays are: 

New Year’s Day, Waitangi Day, Good Friday, Easter Monday, Anzac Day, Matariki, Labour Day, Christmas Day, and Boxing Day.

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Where a Public Holiday is recognised, but Monday-ised for the general public, and a Crew Member is working for a different production on each day they cannot charge a public holiday penalty for either day. The Crew Member has chosen to accept separate engagements for both days, and neither production has infringed the Crew Member’s right to observe the Public Holiday therefore no penalties are chargeable. (NEW)

Where a Public Holiday is recognised, but Monday-ised for the general public, the production must elect whether to observe the Monday-ised date or the actual calendar date of the Public Holiday. The chosen date will apply to the entire crew, and any crew that work on the production's chosen date will be eligible for the Public Holiday penalty. (NEW)

Producers and Crew Members can negotiate a penalty to be paid on the above days (21.3). The penalty is usually paid at 1 hours extra payment for each hour worked. This penalty is in addition to any other penalty rate, such as turnaround, work on a 6th day, or overtime. (clause number change only)

Where a Crew Member’s engagement causes them to work part of their day within the 24 hour period of a Public Holiday they should be paid a penalty for only the hours worked within that period. (clause number change only)

E.g. A Crew Member that starts work on Boxing Day at 2000 and wraps the next day at 0645 should only charge a public holiday penalty for the 4 hours between 2000 and 2400 on Boxing day.

Crew Members on Short Term engagements have more flexibility in scheduling time off on Public Holidays for their own convenience than those on Long Term engagements. (clause number change only)

Long Term engagements should take every effort to incorporate Public Holidays in rest and/or hiatus breaks. (clause number change only)

Broken Turnaround penalty is incurred at the point at which a crew member begins work (including chargeable travel) before their required turnaround has concluded. This infringement is measured as the amount of turnaround remaining at the time that the crew member begins work, and is not reduced or otherwise affected by any consequent action of the crew member (including taking an unpaid break or wrapping for the day). (NEW)

i.e. Broken Turnaround is not a measure of how many hours a crew member works while they should be in turnaround, it is a measure of how many hours of turnaround they lost by having to start work earlier than they should. (NEW)

The Turnaround Penalty surcharge payment is 1 extra hour payment for each hour of infringement, for the first 2 hours.  (clause number change only)

For more than 2 hours turnaround infringement, the penalty surcharge is T2 for each hour of infringement beyond 2 hours.(clause number change only)

Turnaround penalty payments are in addition to any other penalty and are charged in 15-minute increments. (clause number change only)

Crew Members must advise the production of any previous or following booking which will reduce the Crew Member’s turnaround. (clause number change only)

Crew Members may be responsible for finding a suitable replacement if they have knowingly taken separate bookings with less than a 10 hour break between. (clause number change only)

The previous production will be liable for providing a replacement (cover) Crew Member, if they knowingly break a Crew Members turnaround for a following booking. (clause number change only)

If the production has negotiated non-billable (free) work time (e.g. prep, wrap & travel), this time must be excluded from the 10 hour turnaround period. (clause number change only)

Longer breaks or short turnaround payment options may be negotiated over days off when a production schedule requires a change from night shoots to day shoots. (clause number change only)

The driver must (simplified version of the Act):

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a) Not drive for any continuous period exceeding 5 1/2 hours and after that period, have at least a 1/2 hour rest before undertaking any further driving.

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b) Not exceed 11 hours driving in any 24-hour period.

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c) Not exceed 13 hours on-duty (excluding meal breaks) in any 24-hour period.

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d) Have a minimum continuous off-duty period of at least 10 hours (including meal breaks) in any 24-hour period.

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e) Have a minimum continuous off-duty period of at least 24 hours after having totalled 66 hours driving or 70 hours on-duty (which includes any prep and wrap on location and/or at the truck driver’s base). The accumulated total must be counted from the last minimum 24-hour off-duty period.

24.3

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26.1 - 26.4

Unless prior agreement is reached a surcharge of T1 is incurred in 15-minute increments if the 1st meal break commences later than 5 hours after the majority Crew Member call, rounded up to the nearest 15 minutes. The crew may agree by majority vote to work for up to 1 hour beyond the 5 hour mark without a surcharge on the strict condition that the only work done is to complete the setup in progress. This surcharge is always calculated using a starting point of 5 hours after the majority Crew Member call.

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26.6 - 26.7

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28.1

There are some exclusions where travel is chargeable within the travel zone:

a) Travel within the travel zone on permanently unsealed roads greater than 2km is chargeable travel. If a road is normally sealed but is unsealed temporarily due to road works this exclusion does not apply.

b) Locations inside the zone where access is from outside the zone. From the point at which the crew member first leaves the travel zone until they reach this location they are conducting chargeable travel.

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28.3 - 28.6

When a crew member is required to travel by production as part of a Travel Day, this is charged door-to-door at: 

a)  Half Day Rate (6 hours at T1) for travel up to 5 hours  

b)  Full Day Rate (10 hours at T1) for travel from 5 hours and above (NEW)

Although local Travel Days are limited to fixed rates, turnaround is still calculated door-to-door. (NEW)