Screen Producers Australia

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Click here to download the Screen Producers Australia 2016-2017 Annual Report.

To request a copy of the Screen Producers Australia Constitution, please contact Brad Taylor. 

1. Purpose

The purpose of this policy is to help Council Members of Screen Producers Australia to effectively identify, disclose and manage any actual, potential or perceived conflicts of interest in order to protect the integrity of Screen Producers Australia and manage risk.

2. Objective

The Screen Producers Australia Council (called the ‘Council’ in this policy) aims to ensure that Council Members are aware of their obligations to disclose any conflicts of interest that they may have, and to comply with this policy to ensure they effectively manage those conflicts of interest as representatives of Screen Producers Australia.

3. Scope

This policy applies to the Council Members of Screen Producers Australia.

4. Definition of conflicts of interests

 A conflict of interest occurs when a person’s personal interests conflict with their responsibility to act in the best interests of the Screen Producers Australia. Personal interests include direct interests as well as those of family, friends, or other organisations a person may be involved with or have an interest in (for example, as a shareholder or board member). It also includes a conflict between a Council Member’s duty to Screen Producers Australia and another duty that the Council Member has (for example, to another organisation). A conflict of interest may be actual, potential or perceived and may be financial or non-financial.

These situations present the risk that a person will make a decision based on, or affected by, these influences, rather than in the best interests of Screen Producers Australia and must be managed accordingly.

5. Policy

This policy has been developed because conflicts of interest commonly arise, and do not need to present a problem to Screen Producers Australia if they are openly and effectively managed. It is the policy of the Screen Producers Australia as well as a responsibility of the board, that ethical, legal, financial or other conflicts of interest be avoided and that any such conflicts (where they do arise) do not conflict with the obligations to Screen Producers Australia.

Screen Producers Australia will manage conflicts of interest by requiring Council Members to:

• avoid conflicts of interest where possible 


• identify and disclose any conflicts of interest 


• carefully manage any conflicts of interest, and 


• follow this policy and respond to any breaches. 


5.1 Responsibility of the Council

The Council is responsible for:

• establishing a system for identifying, disclosing and managing conflicts of interest across the charity 


• monitoring compliance with this policy, and 


• reviewing this policy on an annual basis to ensure that the policy is operating 
effectively. 


5.2 Identification and disclosure of conflicts of interest 


Once an actual, potential or perceived conflict of interest is identified, it must be entered into Screen Producers Australia’s register of interests, as well as being raised with the Council. The register of interests must be maintained by the CEO and record information related to a conflict of interest (including the nature and extent of the conflict of interest and any steps taken to address it). 


6. Action required for management of conflicts of interest 


6.1 Conflicts of interest of Council Members 


Once the conflict of interest has been appropriately disclosed, the Council (excluding the Council Member disclosing and any other conflicted Council Member) must decide whether or not those conflicted Council Members should: 


• vote on the matter (this is a minimum), 


• participate in any debate, or 


• be present in the room during the debate and the voting. 
In exceptional circumstances, such as where a conflict is very significant or likely to prevent a Council Member from regularly participating in discussions, it may be worth the Council considering whether it is appropriate for the person conflicted to resign from the Council. 


 6.2 What should be considered when deciding what action to take 


• In deciding what approach to take, the Council will consider whether the conflict needs to be avoided or simply documented 


• whether the conflict will realistically impair the disclosing person’s capacity to impartially participate in decision-making 


• alternative options to avoid the conflict 


• Screen Producer Australia’s objects and resources, and 


• the possibility of creating an appearance of improper conduct that might impair confidence in, or the reputation of, the charity. 
The approval of any action requires the agreement of at least a majority of the Council (excluding any conflicted Council Member/s) who are present and voting at the meeting. The action and result of the voting will be recorded in the minutes of the meeting and in the register of interests. 


7. Compliance with this policy 


If the Council has a reason to believe that a person subject to the policy has failed to comply with it, it will investigate the circumstances.

If it is found that this person has failed to disclose a conflict of interest, the Council may take action against them. This may include seeking to terminate their relationship with Screen Producers Australia.

If a person suspects that a Council Member has failed to disclose a conflict of interest, they must discuss with the person in question, notify the Council or the CEO.

Contacts: For questions about this policy, contact the Executive Assistant to the CEO.

Click here to download the Screen Producers Australia Conflict of Interest Policy

The Screen Producers Australia Council expect Councillors, employees and members to conduct business in a fair, honest and ethical manner at all times.

Screen Producers Australia forbids offering, giving, solicitation or the acceptance of any bribe, whether cash or other inducement, in order to gain a personal advantage, financial or otherwise, for an individual or business or anyone connected with an individual or business associated with the organisation.

The Screen Producers Australia bribery policy applies to dealings with both the private and public sectors. Public sector officials and employees operate under a strict code of conduct however acceptable practices regarding gifts and hospitality may differ between individuals and departments. It is therefore advisable to be familiar with all rules when dealing with federal, state and local governments through the relevant channels including department and individuals’ websites and published codes of conduct. The definition of public sector includes: federal, state and local politicians; federal, state and local government departments and their employees; political parties and their representatives and candidates.

Screen Producers Australia acknowledges that there are circumstances when appropriate hospitality and gifts (event tickets, promotional materials, production samples including DVD, Blu-Ray, download codes, sound tracks and the like) are provided to other parties in the normal process of business and for promotion of productions, products and services and regards this as standard and appropriate practice. Screen Producers Australia also acknowledges that standard and appropriate practice may differ in different territories and markets.

Screen Producers Australia encourages all Councillors, employees and members to report suspected corruption or bribery activity to an appropriate responsible person within the organisation.

In the event of any suspected corruption, bribery or unethical activity by a Councillor, employee or member, Screen Producers Australia may undertake an investigation and appropriate action taken. This may include advising the police or appropriate statutory authority depending on the circumstances and the person or persons’ status.

Click here to download the Screen Producers Australia Ethical Practice Policy

1. DEFINITIONS AND INTERPRETATION

1.1 Reference is made to the Association’s constitution (“Constitution”) that is available on request.

1.2 Unless otherwise stated, terms defined in the Constitution have the same meaning when used in this Agreement.

1.3 Interpretation rules set out in Rule 1(b) of the Constitution apply to this Agreement.

2. CONSTITUTION 

By becoming a Member, the Applicant accepts and agrees to comply with the terms and conditions of this Agreement and to be bound by the Constitution.

3. BENEFITS ARISING FROM MEMBERSHIP

1. 3.1  Subject always to the Applicant complying with this Agreement, the Constitution and its financial obligations set out in Clause 4 below, the Applicant is granted access to the membership benefits available and listed on the Association website including the right to use the Association’s Industrial Agreements, Contracts and Templates for productions undertaken by the Applicant.

2. 3.2  The Applicant acknowledges that all resources and materials made available to the Applicant as part of the membership benefits are for the exclusive use of Members and must not be circulated or otherwise made available for use on productions not associated with Members of the Association. All such resources and materials remain the property of the Association at all times.

4. FINANCIAL OBLIGATIONS ARISING FROM MEMBERSHIP

4.1 In consideration of the right to access the membership benefits, the

Applicant agrees to pay all entrance fees, current annual subscription fees and applicable production levies as they become due and payable. All fees and levies are non-negotiable and non-refundable. The Applicant acknowledges that such fees and levies may be revised annually at the Association’s discretion and will, without limitation, be subject to an annual CPI increase.

4.2 Entrance fees are determined by the Council and their payment are a condition precedent to the Applicant becoming a Member and accessing the membership benefits.

4.3 Annual subscription fees are payable annually and vary depending on the type of membership subscribed. Their payment is a condition precedent to the Applicant becoming a Member (first year), renewing their membership (subsequent years) and accessing the membership benefits.

4.4 In addition to entrance fees and annual subscription fees, Members who are engaged in screen production (including film, television or interactive media), whether directly or by association with a Special Purpose Vehicle, must pay production levies on the first day of principal photography of each program for which the Member receives a bona fide producer credit or equivalent (whether directly or by association with a Special Purpose Vehicle). The amount of production levies is calculated by reference to the budget of each applicable production. Payment of applicable production levies is a condition precedent to Members maintaining their membership and accessing the membership benefits.

4.5 For further information on the amount of fees and levies payable, the Applicant can refer to the Association’s website.

4.6 The Applicant agrees to pay all entrance fees, current annual subscription fees and production levies within three (3) months of the relevant invoice being issued to (a) the Applicant; (b) any Special Vehicle Company associated with the Applicant; or (c) the Applicant’s shareholder(s) or director(s) who is/are engaged in screen production (including film, television or interactive media), as applicable. Failure by the Applicant to pay the invoice within three (3) months will result in the suspension or termination of the Applicant’s membership, at the Association’s discretion, and the Council may determine whether to take further action against the defaulting Applicant. The Applicant is responsible for, and hereby indemnifies the Association in respect of, any non-payment of any amounts invoiced by the Association pursuant to this Clause.

5. CODE OF CONDUCT

5.1 The Applicant agrees not to intentionally damage the reputation of any other Member in any public forum or published media.

5.2 The Applicant agrees not to communicate publicly on behalf of the

Association or use the Association’s logo unless permission has been granted from the Executive Director.

5.3 The Applicant agrees to act in a respectful and courteous manner to all employees of the Association at all times.

6. TERM

6.1 This Agreement commences when the Council has approved the Applicant’s application form and payment current annual subscription fees has been received by the Association. Upon commencement of this Agreement, the Applicant becomes a Member.

6.2 This Agreement remains in force until three (3) months after the due date for payment of the annual subscription fees to renew the Applicant’s membership (“renewal fees”). The Applicant may renew its membership by paying the renewal fees by their due date. By renewing its membership, the Applicant is deemed to have agreed to the terms of the Membership Agreement as it exists at the time of renewal.

6.3 If the Applicant fails to renew its membership within three (3) months of the due date for payment of the renewal fees, then the Applicant will be deemed an inactive Member and all of the Applicant’s rights will be revoked.

6.4 In the instance where the Applicant has not renewed its membership but has paid levies for a production whilst being a Member, the Applicant is permitted to use the Association’s Industrial Agreements, Contracts and Templates for the duration of the production in relation to which the levy has been paid.

7. RESIGNATION

The Applicant may resign from the membership in accordance with Rule 10 of the Constitution. For the avoidance of doubt, all fees and levies paid by the Applicant are non-refundable.

Screen Producers Australia regularly negotiates agreements with unions and guilds on behalf of its members. These agreements are for the exclusive use of Screen Producers Australia member businesses or otherwise licenced businesses.

 The Screen Producers Australia constitution gives the Screen Producers Australia Council the authority to appoint Industrial Officers and to enter into industrial agreements with any trade or industrial union or association or organisation of employers or employees.

Screen Producers Australia currently involves committees made up of a mixture of member businesses using individuals with requisite experience and capacity in the negotiation of these agreements. These committees are designed to harness the collective wisdom of the industry in these negotiations and provide outcomes that serve the strategic interests of the membership.

Process for Electing Committees

1. On receipt of a formal written request to enter in to negotiations to reach agreement from any trade or industrial union or association or organisation of employers or employees, Screen Producers Australia Council will determine as soon as practicable whether or not to enter into negotiations.

2. If Screen Producers Australia Council approves the commencement of negotiations, Screen Producers Australia will call for expressions of interest from active members who wish to join the committee. Only active members will be eligible to join the negotiating committee.

3. The Screen Producers Australia Secretariat will determine the members to be invited to join the negotiating committee.

4. The Screen Producers Australia Secretariat will, in consideration of the membership committee, have due regard to high level relevant experience in applicable areas and production genres.

5. Committee members will be expected to take into consideration the interests of the broader membership and the industry during negotiations.

6. Committees will be chaired by the industrial officer appointed by Screen Producers Australia Council.

7. Committees will endeavor to achieve a consensus in all decisions with the Screen Producers Australia Council to have the final decision determined by council vote.

8. Committees are obliged to meet regularly during negotiations and wherever possible in person.

9. Attendance at meetings will be recorded and members who miss more than two consecutive meetings may be asked to show cause why they should continue as committee members.

10. Minutes of each committee meeting will be circulated following each meeting. Committee members will be given a nominated period to respond or the minutes will be taken as read and approved by the committee.

Screen Producers Australia Constitutional Powers

 29 - Industrial Questions, Matters and Disputes

 a)    Without affecting the generality of its powers under this Constitution or the Act or under any statute or by-law or from any other source whatsoever, the Council at its complete discretion shall have power in the name of and on behalf of the Association and provided that the Association has not in General Meeting decided or resolved to the contrary: -

         I.   to make demands concerning industrial questions or serve claims on any organisation, trade union or other body, employee, official or person whatsoever;

        II.   to carry on negotiations and effect compromises or settlements and enter into industrial agreements with any such organisation, trade union, body, employee, official or person;

       III.  to notify refer or submit any industrial matter dispute or question or question of law to any tribunal or authority whatsoever for hearing determination or decision;

       IV.   wherever in its opinion any employee, official, person, organisation, trade union or other body is or is threatening or is likely to commit a breach or contravention of any award or industrial agreement to which the Association or Members are a party or of any law pursuant to which such an award or industrial agreement is made or of any law whatsoever applicable to the Industry, to take any action in any tribunal or authority whatsoever; and

        V.   to take all necessary steps to enforce any determination or decision given or any fine or penalty imposed by any tribunal or authority referred to in paragraphs (iii) and (iv) of this sub-rule.

b)    The industrial matters, disputes and questions referred to in sub-rule (a) of this Rule and in Rule 31 shall comprise but shall not be limited to the matters included in the definition of those terms in the Act.

Click here to download the Screen Producers Australia's Negotiating Committee Protocol