Union Consultation for 408 Entertainment Visas: MEAA, Musicians Union and ADG

If you are bringing an overseas performer, director or crew member to Australia on a 408 Entertainment visa, the Australian sponsor or supporter usually has to consult the relevant entertainment union first. Union consultation is one of the most misunderstood parts of the process. This guide explains which union to contact, what to send, and what happens if the union raises concerns.

Who must consult a union?

Union consultation applies to five of the seven entertainment categories:

• performing in a film or television production that is subsidised by government;
• performing in a film or television production that is not subsidised by government;
• performing in productions not related to film or television, such as concerts, theatre and comedy;
• production roles other than as a performer, such as directors and technical crew;
• support staff for profit, such as backing musicians, dressers and make up artists.

It does not apply to non profit engagements or to documentaries and commercials made for an overseas market. See charity and non profit performances and documentaries, commercials and presenters.

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Which union is relevant?

Role	Relevant union
Musicians and conductors	Musicians Union of Australia
Screen directors in film, television and digital media	Australian Directors Guild (ADG)
All other entertainers and crew	Media, Entertainment and Arts Alliance (MEAA)

If it is unclear which union applies, the Department may ask which industrial award covers the work and which union is a party to that award. Each union sets out its own process for overseas engagements, so check what it asks for before you send the request.

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What the union looks at

Unions focus on Australian jobs and fair pay. Each union has its own process, so check what it asks for. It usually helps to give the performer’s role and experience, the production or tour, dates and venues, the fee or wage, and the steps taken to engage Australians. For performers in productions not related to film or television, and for crew and support staff, the sponsor must also show a net employment benefit to the Australian entertainment industry, so it helps to explain how the engagement creates local work.

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What if the union objects?

The Migration Regulations require the sponsor or supporter to have consulted the relevant union. Once consultation is shown, the requirement is met, even if the union does not agree with the engagement. Under policy, if the union raises a relevant objection, the sponsor and union are encouraged to negotiate an agreed outcome, or each can give the Department a statement setting out their position. The decision maker considers that information before deciding the application.

An objection can still matter, because it may go to other criteria, such as the net employment benefit or whether the engagement has adverse consequences for Australians. It is worth answering any concerns properly rather than ignoring them.

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Film and television: the Arts certificate as well

Performers in film and television productions need a certificate from the Minister for the Arts, or a person the Minister authorises, as well as union consultation. The certificate confirms, for example, that Australian content criteria are met for a subsidised production. See 408 visas for film and TV productions.

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Changes after the visa is granted

If the itinerary changes after grant, you need the Department’s prior written permission under condition 8109. There is no legal requirement to consult the union again about an itinerary change. See changing your tour itinerary.

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What you should do now

• Identify the right union early: musicians, directors and other entertainers each go to a different union.
• Send complete details: role, dates, venues, pay and the local jobs created.
• Keep the correspondence: the visa application needs evidence of the consultation and any response.
• Address concerns: if a union objects, try to reach agreement and prepare a statement for the Department.