Understanding the Screen Industry Workers Act 2022 (SIWA) and Its Impact on Aotearoa New Zealand's Screen Sector

The Screen Industry Workers Act 2022 (SIWA) marks a significant shift in the Aotearoa New Zealand screen sector, offering crucial protections and establishing clear standards for screen production workers and their employers. Enforced from December 30, 2022, this legislation aims to foster a fair and safe working environment across the industry.

What is SIWA?

SIWA is a comprehensive piece of legislation developed collaboratively by industry professionals and supported by the Government. It specifically targets the relationship between contractors—known as screen production workers—and the engagers, such as producers and production companies. Its core objective is to ensure fair treatment and compliance with fundamental employment principles within the screen industry.

Mandatory Terms

The Act introduces several mandatory and enforceable terms that must be included in all contracts for screen workers:

  • Compliance with Health and Safety at Work Act and Human Rights Act: Ensures that all parties adhere to established health, safety, and human rights standards.

  • Bullying, Discrimination, and Harassment Processes: Establishes clear procedures for addressing and resolving issues related to workplace bullying, discrimination, and harassment.

  • Dispute Resolution Processes: Provides structured mechanisms for resolving disputes between screen workers and their employers.

  • Termination Notice Periods and Compensation: Outlines requirements for termination notices and compensation to protect workers' rights in case of contract termination.

How Can You Be SIWA Compliant?

To ensure compliance with SIWA, it is essential for both practitioners and production companies to familiarize themselves with the new regulations. Resources such as the Starter Pack and the Best Practice Guide offer valuable information, guidance, and templates to aid in this transition.

These resources are designed to support individuals and organizations at all levels of experience and craft, helping them navigate and adhere to the legislation effectively.

For more detailed information and resources, visit https://www.screenindustrynz.co.nz/.

By embracing these standards, the Aotearoa New Zealand screen sector can ensure a safer and more equitable working environment for all involved.

Other important links:

THE BEE HIVE

MBIE

THE SIWA ACT

EMPLOYMENT RELATIONS AUTHORITY

SPADA

Screen Guild

Screen Writers Guild

The VFX Guild’s Position on SIWA

While SIWA sets important protections for screen workers, guilds must sign up as official “workers’ associations” to take part in negotiations. This involves:

  • Meeting Requirements
    They must have the resources to negotiate contracts for both members and non-members, as individuals and as a collective.

  • Self-Funding
    Since government funding was cut last year, the burden to cover setup and ongoing obligations falls entirely on the guild.

    • Year One Costs: Approximately $1,000 per member to develop essential materials (e.g., minimum standards for each role).

    • Ongoing Fees: About $500 per member per year to maintain compliance and representation.

  • Employer Involvement
    Currently, no organizations have registered to negotiate as the “employer,” nor are they legally obligated to do so.

VFX Guild’s SIWA Plans

The VFX Guild Board believes the substantial cost of compliance outweighs the Guild’s current financial capacity, especially given our smaller membership base. We had hoped SIWA might be more accessible, but without government support or substantial membership fee increases, it is too expensive for us to formally register as a workers’ association at this time. We remain committed to improving working conditions and will continue to watch SIWA’s developments.