1. Definitions 

1.1 Reference is made to the Association’s constitution (“Constitution”), available on the Fair Work website.

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 thisAgreement.

2. Memebership Application Process

2.1 Full Producer Member applications, including past members re-joining, must include the name of a nominator from a current financial Full Producer Member of the Association. Services Members and Associate nominators are not accepted.

2.2 Services Member applications, including past members re-joining, must include the name of a nominator from a current financial Full Producer or Services Member of the Association. Associate nominators are not accepted.

2.3 Associates do not require a nominator when applying but will need to provide a nominator when upgrading to Full Producer or Services membership. 

2.4 Initial applications or upgrade from Associate to Full Producer Membership must confirm full producer credits for qualification as follows:

• Credits must have been received for a broadcast, theatrical or online release
• Broadcast credits - 30 minutes min, or Theatrical credits - 50 minutes min
• Short Film, Corporate, Infomercial, Educational and Student films do not count towards full producer credits
• Supporting producer roles (Associate, Co-, Line Producer etc.) do not count towards full producer credits
• Executive Producer (EP) credits may be eligible in certain circumstances, some documentary productions for example, when the EP credit is equivalent to a full producer credit.

3. Constitution

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

4. Benefits

4.1 Subject always to the Applicant complying with this Agreement, the Constitution, its financial obligations set out in Clause 4 below and level of access dependent on the level of membership, the Applicant is granted access to the membership benefits available and listed on the Association website including the right of full producer members to use the Association’s Industrial Agreements, Contracts and Templates and access to in-house Industrial Services for productions undertaken by the Applicant.

4.2 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.

4.3 Services members and Associates do not have the right to directly access the Association’s Industrial Agreements, Contracts and Templates or Industrial Services. Should a Services member or Associate require Industrial Services assistance, a request can be lodged via membership@screenproducers.org.au.

5. Financial Obligations

5.1 The Applicant agrees to pay all 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.

5.2 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 or Associate (first year), renewing their membership (subsequent years) and accessing the membership benefits.

5.3 In addition to the annual subscription fees, individual Members, Member Businesses and Associates who are engaged in screen production (including film, television and online and immersive media et al regardless of genre or platform) as an individual or business entity and having responsibility for its own unique risks, costs, tax models, and liabilities and whether directly or by association with a Special Purpose Vehicle, must pay production levies (4.4) for which the individual Member, Member Business or Associate receives a bona fide producer credit or equivalent. 

5.4 Australian co-productions between Member, Member Businesses or Associates and non-member individuals and businesses are liable for the full levy amount. 

5.5 Members working as an individual and receiving full producer credits under contract for a non-member business production are exempt from the levy for that production. If documents and/or Industrial and Business Affairs assistance is accessed for a non-member production by the Member, the full levy amount is payable.

5.6 Payment of applicable production levies is a condition precedent to Members and Associates maintaining their membership and accessing the membership benefits. 

5.7 The levy is calculated at 0.25% of the production budget, excluding indirect costs, for all productions with an above and below the line budget exceeding $500,000, amounting to $1,250 for every $500,000 in eligible expenditure. In the case of official co-productions, the levy is payable only on the Australian component of the budget. The levy is considered a Qualifying Australian Production Expenditure (QAPE) for the purpose of the Producer Offset. Levies are payable on the first day of principal photography. The Annual Levy cap is reviewed annually and adjusted in line with the national CPI rate for the twelve months to the March Quarter, up to a maximum of 5%.

5.8 The Applicant agrees to pay all current annual subscription fees and production levies within 14 days 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 and online and immersive media, regardless of genre or platform), as applicable. Failure by the Applicant to pay the invoice within 14 days may 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.

5.9 The applicant agrees to complete the Screen Producers Australia Respectful Workplaces E-course within 1-month of acceptance of the membership application as a condition of membership confirmation.

6. Code of Conduct

6.1 The Association expects Councillors, Employees, Members, Associates and Applicants to conduct business in a fair, honest, and ethical manner at all times.

6.2 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 Chief Executive Officer.

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

6.4 The Applicant agrees to comply with the Association’s Ethical Practice Statement.

7. Term

7.1 This Agreement commences when all required fees are paid and prior to Council confirming approval of the application. Upon Council approval, the Applicant becomes a Member or Associate.

7.2 This Agreement remains in force until the due date for payment of the annual subscription fees, the anniversary of when the previous annual subscription fees were paid, to renew (“renewal fees”). By renewing, the Member or Associate is deemed to have agreed to the terms of the Membership Agreement as it exists at the time of renewal.

7.3 If the Member or Associate fails to pay the renewal fee by the due date, the anniversary of when previous annual subscription fees were paid, then the Member or Associates membership will be deemed lapsed and rights will be revoked.

7.4 In the instance where the Member or Associate has not renewed its membership but has paid levies for a production whilst being a Member or Associate, 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. Access to additional Industrial and Business Affairs benefits will be revoked.

8. Resignation

Members and Associates 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.