[Insert name here] - Media, Entertainment and Arts Alliance
Tony Hale Chief Executive Officer The Communications Council PO Box Q1389 SYDNEY NSW 1230 Via email: [email protected] Dear Tony, I note that on 16 March 2015 many crew received a proposal from the Commercial Producers Council (CPC) section of the Communications Council about employment standards on television commercials (TVCs). Many crew working on TVCs are members of MEAA and have asked for assistance as bargaining agents in relation to the CPC proposal. MEAA is a registered organisation and represents its members in relation to TVC employment standards. The Fair Work Commission has strict conditions relating to how agreement-making is negotiated and approved. The Union understands that CPC may be attempting to negotiate an agreement under s.185 of the Fair Work Act 2009. If that is not the case we would be concerned that, by seeking to fix wages paid by employers responsible for a large majority of TVC work, members of the CPC may be engaging in illegal price-fixing under Competition and Consumer Act. If CPC members are struggling to compete fairly and maintain profits, they may be tempted to deliberately and secretly set up or join a cartel with their competitors. A cartel exists when businesses agree to act together instead of competing with each other. It appears that the proposal is designed to drive up the profits of cartel members while maintaining the illusion of competition. We would propose that CPC avail itself of the mechanisms presented by the Fair Work Act to negotiate standards collectively with crew through their union MEAA. It is clear from our members’ feedback that few if any crew working on TVC productions have been consulted in relation to this proposal. Given that thousands of crew work on TVCs nationally, MEAA believes that an implementation date of May 1 2015 is premature. MEAA seeks an urgent meeting with your organisation to discuss the CPC’s proposal and how this may be promulgated. Yours sincerely, Malcolm Tulloch Director Entertainment Crew and Sport Media, Entertainment & Arts Alliance Tel 0418284870 Dir 02 9333 0953 [email protected]
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