Independent Culture Fair Work Task Force Report and Recommendations
An independent report and set of recommendations for action to further Fair Work within Scotland's cultural and creative industries.
Approaches
23. The Task Force acknowledges that some of the recommendations relate to reserved issues, although many are already within the ability of the Scottish Government, their partners and other organisations to rapidly adopt and implement.
24. These recommendations are examined in more detail in paragraph 36 et seq. below and as discussed above in paragraph 9, this reflects the interplay between the various legal and operational jurisdictions with an impact on ensuring Fair Work.
25. In addition, the mix of devolved and reserved policy levers (including legislation) is wholly in line with the overarching work on Fair Work First across Scotland and is widely acknowledged, including the most helpful external 2024 research for the Fair Work Convention.[25]
26. However, as well as encouraging the Scottish Government to liaise with the UK Government regarding legislative solutions in due course, there are already devolved mechanisms available to encourage adoption of best practice and an effective monitoring system.
27. This reflects the need for proportionality in approach, given the scope and scale of the sector, without reducing the core message of ensuring Fair Work at all levels.
28. At the heart of any proposals are the dual underpinning supports of knowledge empowering and the benefits for all (employers, workers, audiences and service recipients) of using Best Practice.
Fair Work Charter
29. In their discussions, the Task Force examined what the key principles of what a Fair Work Agreement for the Culture and Creative Industries might be, considering the issue in depth in October 2024.
30. In moving those discussions forward, the question was - how best to turn these key principles into achievable and measurable commitments? In addition, the need to effectively measure the impact of these commitments, in order to monitor and evaluate progress in line with Fair Work dimensions, was examined.
31. The Task Force considered the use of, and outcomes from, a Fair Work agreement – and the ambitions for sectoral Fair Work agreements in other sectors where low pay and precarious work can be most prevalent.
32. Taken with the implementation of the recommendations in this report the adoption of a Charter approach, expanded on later in paragraph 34, rather than a separate Fair Work Agreement was seen as the most effective way of delivering the desired outcomes. This does not of course rule out the use of specific agreements between bodies and amongst groups, expanding on detail relevant to the specific situation, where relevant parties considered this useful.
33. The Task Force highlighted the importance of flexibility in the development of any future agreements or charters in terms of engagement with Trade Unions and businesses, recognising the principles of “Effective Voice” within the overarching Fair Work First guidance.[26]
34. In light of this a set of principles, together with the Fair Work Charter itself, is set out in Annex E, together with a recommendation that the proposed Delivery Group regularly examine the Fair Work Charter and update it annually, (recognising the learning available from other future charters in preparation – within the UK[27] and outwith the UK, e.g. Europe[28]) and other diagnostic mechanisms (e.g. the Creative PEC Six Domains of Job Quality) to confirm the key principles – and associated evidence – that will ensure continued relevance of the Fair Work Charter under the aegis of the proposed Fair Work Delivery Group.
35. The annual review would be preceded by a suitable consultation prior to formal endorsement – further encouraging adoption of the Fair Work Charter across public, private and Third Sector.