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Resolving disputes in the screen industry

The Screen Industry Workers Act 2022 allows parties in the screen industry to access services to resolve disputes, including those regarding individual contracts or collective bargaining.

The Screen Industry Workers Act allows access to a range of dispute resolution services for parties in the screen industry. These services apply by default to those covered by the Act. Parties to a contract can agree to use different resolution processes for individual and collective contracts.

Mediation

Parties can access free mediation through Employment Mediation Services to help resolve their dispute.

Mediation is a confidential service where an independent person (mediator) gives impartial guidance and recommendations to parties in a dispute to help them reach agreement.

For more information on mediation, including how to request mediation, see Employment Mediation Services

Alternatively, a private mediator can be used, but this may come at a cost to parties. 

Facilitation by the Employment Relations Authority

Where mediation has failed to resolve a collective bargaining dispute, parties can apply for facilitation from the Employment Relations Authority. At facilitation, a member of the Authority helps parties during bargaining by acting as a facilitator.

Facilitation is only available for disputes during collective bargaining.

For more information, including when parties can apply for facilitation, see the Employment Relations Authority website (external link)  

Determination by the Employment Relations Authority

If a dispute remains unresolved even after mediation and facilitation, a party can apply to the Employment Relations Authority for a determination, which is a legally binding decision on a dispute.

Once an application has been submitted, the responding party or parties will be notified and given the opportunity to provide further information before the Authority makes its determination.

The Authority will follow a special process when making determinations that fix terms in collective contracts. This process is called final offer arbitration.

For more information, see the Employment Relations Authority website (external link)

Challenging a determination

There are several options if a party or parties are not happy with the outcome of a determination made by the Employment Relations Authority.

For more information, see the Employment Relations Authority website (external link)

Related information

What work is covered by the Screen Industry Workers Act

Contracts between engagers and workers

Collective bargaining in the screen industry

Workplace access in the screen industry

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Page last revised: 22 December 2022

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