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Even before the Government passed the Employment Relations (Film Production Work) Amendment Act, which allows a contracting relationship to exist unquestioned within the film industry for workers in that industry, regardless of whether or not the relationship is actually one of employment, performers in New Zealand faced the difficulties that all contract workers face in accessing their international rights to collective bargaining and freedom of association. It is hard enough for many New Zealand employees to join a union and bargain, even though their rights extend through the Employment Relations Act (ERA) 2000 to protection from unfair dismissal, extended union rights and other minimum code provisions. However, for contractors, who are outside the coverage of the ERA 2000 and are without a formal employment relationship, the limited rights they have come with high risks for any who seek to exercise them. The Hobbit dispute simply highlighted this.
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