PACT Agreement breakthrough
Freelance film and television members are to be balloted on a series of proposed improvements to the PACT/BECTU Freelance Production Agreement.
This follows months of negotiations, which has resulted in a number of breakthrough proposals:
- 12% pay rise on the ratecard.
- Paid holidays at the rate of 4 weeks per annum on all contracts.
- Longer rest periods - 11 hours rather than 10.
- Limits on aggregation - no more than 6 hours to added to/subtracted from a week.
BECTU Vice-President Tudor Gates, who was chair of the union negotiating committee, commented: "The negotiations have been long and hard but have reached a successful outcome. In particular we have achieved holiday pay for those working less than 13 weeks, even before it becomes European law - if it does.
"The increase is substantial by today's standards and I feel there is every opportunity for this Agreement to work effectively on both sides".
12% pay increase
Before this round of negotiations, the minimum rates of pay on the Ratecard had been stuck fast for over three years. In that time the Retail Price Index (RPI) went up by around 9%.
From 1 July it is proposed the minimum rates will go up by 12%. This applies not only to daily and weekly rates, but also to Unsocial Hours payments, Additional Hours maximums, meal and travel allowances, and rates on the Writers Schedule.
Both "working time" and "holiday" pay are included within the new higher daily and weekly rates.
Letters of engagement are now proposed to be a single document, with no side-letters that have become practice in some areas. The letter should identify the hourly rate on which any calculation for Additional Hours payments are based. It should also make provision for any Unsocial Hours payments, meal allowances and travel allowances, to be paid separately and not as part of a Guaranteed Hours Deal.
New holiday entitlement
Some of the changes have been secured as a result of the UK Working Time Regulations. BECTU argued during the negotiations that the Regulations cover freelance workers, a position the union is taking to the European Court, and the new proposals reflect this.
It has been agreed with PACT, under this Agreement, paid leave will given on all contracts whatever their length, at the rate of four weeks per annum.
For example a member engaged for 6 x 6 day weeks under the Agreement will be entitled to three days paid leave. This means the contract will be for a total of 36 paid days, of which 33 will be worked. Alternatively, if it is not possible to take the 3 days' leave, payment will be made at the end of the job as leave accrued but not taken, in addition to the fee for the six weeks' work.
Fixed term contract letters of engagement should spell out exactly how many days' pay leave are applicable. On open ended contracts, it should state the rate at which entitlement to leave accrues.
Longer rest periods
The minimum rest break between working periods is proposed to be increased from 10 to 11 hours.
If the 11 hour break is breached, the same financial penalties (Unsocial Hours payments) will apply as when the current 10 hour break is breached.
However, in addition, "equivalent compensatory rest" should be given for a rest break breach. Usually this will mean giving an additional period of rest, equal to the breach, taken as part of a subsequent rest period. In some circumstances it may mean a period of rest greater than the breach.
Limits of aggregation
"Aggregation" refers to the practice of engagements for (say) 60 hours a week, and payment is for sixty hours a week, but swaps of hours are made between weeks so that one week might be 63 hours followed by a week of 57 hours.
The Working Time Regulations, which refer throughout to "average" working weeks, are based on the principle of aggregation.
Limits on the scope of aggregation which producers can use are now proposed under the Agreement:
- No more than six hours can be added to or subtracted from a week for the purposes of aggregation.
- The 40 hour guaranteed minimum week remains sacrosanct: no hours can be subtracted from it for the purposes of aggregation.
- No hours can be added to a week for the purposes of aggregation which would push it over the maximum scheduled working week of 72 hours.