Since the new legislation has been enacted, do I have to change my management agreement? Are my old contracts void?
Management agreements have been given a workover in the new legislation. To begin with, performer representatives should be aware they are obliged to give every performer an Industrial Relations ‘Information for Performers’ fact sheet at the commencement of an agreement with a performer. Please be aware if you’re a performer representative and entered into an agreement that predates 1 March 2014, you were required to pass on that information sheet within 30 days of the new Act’s commencement. If you were not aware of these changes, make sure you pass it on!
Under the new legislation, it’s important that you are aware whether you’re a performer or performer representative, any agreements entered into before 1 March 2014 expired on the 1st of March 2015. In effect, any agreements entered into before 1 March 2014 are now void. Go to our pervious blogs to see what a performer representative and a performer is.
For example: “I’ve had an agreement with a performer since 2000, do I need a new one?”
Yes, you do – any agreement that pre-dates 1 March 2014 expired on the 1st of March 2015. To determine what type of agreement is applicable to your performer/performer representative relationship, see an earlier blog for some insight.
So as either a performer representative or a performer, it’s important you’re aware of your rights and obligations under the Act. What you need to take away from this is the new arrangements supersede any previous agreements. For example, if you have a ‘standard’ entertainment industry agreement this would mean you cannot exceed the maximum 10% cap for the work of the performer, as may have been permissible under the previous Act. If you have not altered your arrangement you are in breach of the Act and could be liable to pay a fine for this oversight.
Remember – as a performer representative, it’s your responsibility to ensure the fact sheets are passed onto the performer so they are aware of their rights.
Confused? Dazed? Want to chat? Contact us – we’re happy to help!