Understanding Contracts and Fair Industry Standards

Kia ora all. Well, as the work continues to keep many employed in the film industry the Techos’ Guild has had numerous calls about rates and conditions. Unfortunately, many of these calls have come after contracts have been accepted. I often hear “but I haven’t signed the contract.” It is important to note that acceptance of your contract is not solely dictated by the signing of your contract but also by the receipt of payment into your bank account. Once either of these two things have happened you have effectively accepted the terms of the contract presented to you, and are now contractually obligated to carry out those terms and conditions.

It was easier in the days when we were paid by cheque as all you had to do was not cash the cheque. Now, it may be that you do not give your bank account details until you are happy with your contractual conditions.

This brings me to the obvious but necessary reminder to read your contracts before you sign them. As per page 18 of the last NZTECHO magazine (issue 64, autumn) ‘Techos Tidbits’ on contracts, deals and safety. It is easy to be lured into believing that the contract in front of you is the same as the last one you signed (all bar the changes to the name of the production). Small changes can be made to contracts that you may not pick up unless you go over the contract, perhaps comparing it with that last good contract as a template. By not doing this, serious oversights can result as many found out on a recent large production. Comb through your contract carefully, possibly with other crew members. Decide as a group what you are and are not prepared to accept. The more eyes to cross the contract the better. Obviously, particulars like your pay rates, etc. will differ and can be kept confidential as work conditions are usually listed in schedule one.

With a revived and healthier industry it is worth reflecting on our film industry work conditions, where we stand today and how we got to our current position. Work hours, turnaround and contracts are the most common query received by the Guild. The Blue Book is an established agreement of conditions between producers and crew and these are the backbone for contracts and how we work in the NZ film industry. Both NZ on Air and the New Zealand Film Commission include a standard clause in their contracts that the producer and crew will adhere to The Blue Book (as published by the New Zealand Film and Video Technicians’ Guild Inc.). It cannot be any clearer than that. For anyone who has taken the time to read The Blue Book (The Code of Practice for the Engagement of Crew) from cover to cover, these established conditions are in no way unreasonable or unfair and are the template for professional standards within the film industry. In turn they have a wonderful symbiotic flow-on affect that funnel into safe practices as established in the Safety Code of Practice (SCOP). It is important to reiterate these conditions were negotiated and agreed on together with producers as fair and reasonable. When does fair and reasonable change? There is nothing unreasonable in expecting fair and safe turnaround, however expecting crew to work five to six days in a row without sufficient rest and sleep is. Most NZ workers work an eight-hour day while the film industry starts at 10 hours, so charging a penalty for overtime by the eleventh hour is also not unreasonable. When it comes to public holidays the film industry only recognises six of the 11 afforded to the majority of New Zealanders. Unreasonable? Once again I think not. Nonetheless, much of what was established and agreed to has slowly been eroded after years of a mediocre industry, followed by a flat line throughout 2013 to 2014. During our low industry times, crew were often requested and in some cases expected to give more and more in goodwill to keep the industry turning over. Unfortunately this has led conditions in many areas to fall to a crucial low. Hours of work, turnaround and rates of pay have been amongst ‘some’ of the worst casualties. With an upturn in production much of this goodwill appears to have been taken for granted as normal practice and in some cases has even been incorporated into contacts. If you’ve joined the industry in recent years you may not even be aware of what the Blue Book standards are. Right now I urge technicians to seriously consider their value in the industry. Good crew are a high commodity and in high demand. With this in mind crew have a chance to utilise this window of opportunity to return to the level playing field as originally established in the Blue Book.

Film crews provide technical services to make commercials, television and films. If there are not enough hours in the generous 10-hour standard NZ film industry work day for that job to be completed – it is not your responsibility as a technician to make this work by working excessive hours. This problem lies firmly on the shoulders of the production company who may have underquoted or under estimated the elements required to complete the job. A budget should always have a safety net for unforeseen events outside the control of the production company. This safety net is called a contingency. It is a percentage added to budgets for this specific purpose, a type of insurance policy if you will. If a production company says there is no contingency, then once again this is not the technician’s problem, the production company has chosen and agreed to do the job with this knowledge, or to wing it if you like. If this contingency cannot be built in due to client restraints, then the production company has to seriously consider whether the production is fact viable. It is not the responsibility of crew to pick up the shortfall with excessive hours or working multiple days without sufficient rest. If technicians do not pull together now, the industry risks a new playing field that incorporates ‘assumed’ goodwill as the norm so when times are lean (and realistically there will be those times again) you will be starting from way behind the starting blocks. To coin an old phrase – this potentially is a ‘slippery slope’.