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No To Non-Equity Contracts |
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Thursday, 09 April 2009 |
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Equity is advised that the producers of Valentino are recasting for a second production. We urge performers and agents not to accept these non-Equity contracts. Performers and crew from the last production of Valentino, which was closed down in March, are still owed wages back to January. To find how an Equity contract can protect you if a production closes click Read More
Before an Equity contract is made Equity confirms that the producer has the bona fides to mount the production and this includes the necessary finances to pay performers their wages. If there is uncertainty about this we could discuss with the producer the lodgement of a Bond to protect cast and crew wages. If the producer is not forced to have this discussion by performers refusing non-Equity contracts the ability to seek a bond is removed. If a production fails to meet all of its obligations then Equity distributes this bond between the performers.
2. The standard Equity contract provides arrangements for the timing of payment. If these are not met cast can advise us and we can take appropriate and timely action to secure payment before matters worsen or the producer disappears.
3. If a bond secured by Equity does not meet all outstanding entitlement, Equity applies to the General Employee Entitlements and Redundancy Scheme ('GEERS') which is a payment scheme established to assist employees who have lost their employment due to the liquidation or bankruptcy of their employer and who are owed employee entitlements including capped unpaid wages, annual leave and payment in lieu of notice. The standard equity agreement requires the producer to give the performer three weeks notice of the closing of the show or payment in lieu of notice. The performers would have been able to claim this under the GEERS scheme.
4. The GEERS scheme does not cover contractors (offering their services by an ABN as distinct from being an employee) and this was one of the major issues Equity dealt with in conversations with Geoff Marr last year. It is therefore extremely sad that performers, crew, photographers etc. who worked for Valentino as contractors have no recourse to the GEERS scheme. Under the standard Equity agreement performers are entitled to recover their wages under the GEERS scheme.
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