[Insert name here] - Media, Entertainment and Arts Alliance

Tony Hale
Chief Executive Officer
The Communications Council
PO Box Q1389
SYDNEY NSW 1230
Via email: tony@communicationscouncil.org.au
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
Mal.tulloch@meaa.org