Australian creatives demand greater employment protections

Writers and creatives “should not be treated as a class outside those protections”, advocates have told a parliamentary inquiry.

In a submission on behalf of the Australian Writers’ Guild (AWG) and AWG Authorship Collecting Society (AWGACS), group CEO Claire Pullen has outlined the limitations of current employment benefits for writers and authors due to employment classification.

The AWG represents performance writers, including playwrights, screenwriters, showrunners, podcasters, comedians, game writers, dramaturgs, librettists, and audio writers. The AWGACS is a non-profit collecting society that manages royalties for ANZ writers.

The joint submission, made to the inquiry of the House of Representatives standing committee on employment, workplace relations, skills and training into the operation and adequacy of the National Employment Standards under the Fair Work Act, called for the expansion of employment standards to include independent contractors and freelance or “gig” workers, explaining that writers, musicians, actors, writers, designers and cinematographers, among others, are often “dependent on a small group of businesses for ongoing work and they are often engaged under standard form contractors over which there is little scope for negotiation”.

These changes, Pullen argued, would make the standards truly national, protecting workers not currently covered by the “safety net of minimum conditions that apply to employees”.

“Artists should not be treated as a class outside those protections,” she said.

The non-payment of superannuation by Australian production companies was highlighted as a key failing within the creative sector. The submission identified that even successful and long-running shows such as Neighbours and Home and Away have not paid super to their writers, and it was only in 2025 that the AWG and Seven Studios, which produce Home and Away, reached a superannuation agreement.

The production company behind Neighbours, Fremantle, has yet to follow suit.

Pullen noted that this was despite wording in the Superannuation Guarantee Act identifying provisions for screen workers in particular.

The group CEO also acknowledged steps towards addressing gaps for “employee-like” workers following the Fair Work Legislation (Closing Loopholes) Reforms, but she noted that many professionals, including writers, were not protected by these provisions.

Pullen said: “We look forward to continued discussions with government regarding the expansion in scope of that legislation.”

A separate submission by the Media, Entertainment & Arts Alliance (MEAA), the largest creative and media industry union, echoed this sentiment, reflecting a similar interest in superannuation equality for contract workers.

The union, which represents professionals in the performing arts, journalism, public relations, and advertising, among others, endorsed the submission by the Australian Council of Trade Unions (ACTU), which, as reported recently, called for the extension of leave entitlements.

The MEAA reciprocated the idea that independent contractors face limited benefits based on their employment status, particularly when it comes to superannuation, despite specific provisions. Moreover, unions cannot pursue employer failure to meet these obligations, as enforcement currently remains at the discretion of the Australian Taxation Office.

A survey conducted by the union in November 2025 found that 59 per cent of gigs did not result in superannuation payment, and a similar poll from Theatre Network Australia found more than a quarter of participating independent contractors were either “rarely” or “never” paid super.

The MEAA said: ”The experiences of creative and media workers engaged as independent contractors demonstrate a ‘gap’ in the effectiveness of the NES, and we ask the committee to take these views into account as it considers whether the NES is fit for purpose, having regard to the changing nature of work.”