Home and Away‘s writers are on the brink of a legal showdown with Network Seven over what they claim are decades of unpaid superannuation, amid talk of a potential strike.

The Australian Writers’ Guild is pushing for Seven Productions, which makes the long-running soap, to follow an Australian Tax Office ruling on its members’ superannuation entitlements.

The ATO found in December last year that film and television writers engaged by production companies to produce scripts work for an employer rather than sell a product.

According to the AWG, that means writers of such programs as Home and Away are entitled to superannuation, which they have not received in the past.

Writers on other series such as Neighbours, made by Fremantle Australia and screened on Network Ten after its revival by streaming giant Amazon, have also allegedly not been paid superannuation.

One Home and Away writer said: ‘We should all stop letting Seven treat us like s*** and threaten to go on strike.’

Another source who did not want to be identified said the superannuation claim – which would run into millions of dollars – seemed destined to end up in court.

‘Essentially, the writers on Home and Away and the guild have known for many years that Network Seven was legally obligated to pay the writers superannuation,’ the source told the Daily Mail.

Home and Away ‘s writers are on the brink of taking Network Seven to court over what they claim are years of unpaid superannuation, amid talk of a potential strike. Long-term cast members Ada Nicodemou (left) and Lynne McGranger (right) are pictured

‘However, Network Seven have refused, claiming there is no legal basis, despite it being clear in the Superannuation Guarantee Act.

‘My understanding is that far in the past Seven did actually pay superannuation to the writers, although I have only heard this anecdotally.

‘However, no writer on the show has been paid it in approximately the last 20 years and the same goes for Fremantle/Neighbours.’

Neighbours was cancelled for a second time in February, production finished in July and its final episodes will air at the end of the year.

Some independent production houses, including Matchbox Pictures – responsible for television dramas House of Gods, The Heights, Glitch and The Slap – do pay superannuation to writers who work on their shows.

‘It can be pot luck with who pays it and who doesn’t,’ the source said.

‘But none of those currently writing for Home and Away have ever received super, despite many attempts over the years.

‘I do know of an ex-Home and Away writer who went to the ATO in an attempt to force Seven to pay out her superannuation on scripts. However, she only did this once she left the show.’

The source said most Home and Away writers are freelancers, even though many have worked for the program for more than a decade, and are concerned about their continued employment.

The Australian Writers’ Guild is set for a showdown with Seven Productions over superannuation. Home and Away actors Ray Meagher and Georgie Parker are pictured

‘The writers are too frightened to speak out over the issue – and other issues – due to the very probable fear they will no longer have a job,’ the source said.

The Australian Writers’ Guild recently spelt out its position on superannuation.

‘Writers who are engaged by production companies to write scripts are entitled to superannuation under the Superannuation Guarantee (Administration) Act,’ it said in a statement.

‘The Act states that if a person works under a contract that is “wholly or principally for the labour of the person” then that person is an employee of the other party to the contract.

‘The Act also states that a person “who is paid to perform services in, or in connection with, the making of any film, tape or disc or of any television or radio broadcast is an employee of the person liable to make the payment”.’

‘Screenwriters engaged to write scripts are expressly stated to be “performing services” and are therefore classified as employees for the purposes of superannuation.’

The recent ATO ruling on superannuation is limited to writers contracted to provide services rather than for some other purpose.

‘For example, a person engaged to write a script is performing services but one who sells existing scripts is not – they are merely selling property,’ the ATO stated.

A source told the Daily Mail that Home and Away (above) writers had known for years they were entitled to superannuation payments

Screen Producers Australia, which represents major local production companies such as Fremantle and Endemol Shine – but not Seven Productions – does not see the superannuation issue as so clear-cut.

The body advised its members last year that some writing services attracted superannuation.

But it also advised that writers commissioned to pen a script were paid a fee for copyright and the use of their work, rather than for providing a service.

The Australian Writers’ Guild and Screen Producers Australia are understood to be seeking legal advice.

The guild has not ruled out a class action or strike but recognises the latter course could cause considerable financial hardship to its members.

Daily Mail approached Seven, Fremantle, the Australian Writers’ Guild and Screen Producers Australia for comment but none responded.

In May 2023, the Writers Guild of America went on strike over a labour dispute with the Alliance of Motion Picture and Television Producers (AMPTP), which lasted 148 days.

The writers wanted a greater share of the payment of residuals from streaming services as well a limit on generative artificial intelligence.

Daily Mail revealed last week that veteran Home and Away scriptwriter Fiona Bozic was suing Seven after working for the network for more than 20 years

In July 2023, the Screen Actors Guild – American Federation of Television and Radio Artists joined the action against AMPTP and stayed on strike until that November.

The combined strikes caused the biggest interruption to the American film and television industries since the Covid-19 pandemic.

Both unions eventually ratified new agreements with production companies which secured major concessions for their members.

Daily Mail revealed last week that veteran Home and Away scriptwriter Fiona Bozic was suing Seven after working for the network for more than 20 years.

Bozic filed a statement with the Federal Court under breach of general protections provisions in June and is being represented by Thrive Workplace Consulting & Legal.

According to LinkedIn, Bozic is a script producer and scriptwriter for Seven on programs including Home and Away, and previously wrote for Neighbours.

‘My responsibilities are broad and primarily focused on overseeing the creation of engaging, creative and compelling storylines,’ her LinkedIn profile states.

‘I have contributed to a variety of story themes that are appealing to diverse audiences, including domestic violence and mental health trauma.

‘With responsibility of creating a detailed plot for five episodes a week, I am heavily involved in structuring episodes, creating characters and recruiting script department personnel who can add value to the process.’

Bozic declined to discuss her specific claims against Seven when approached by the Daily Mail last week.

A network spokeswoman said: ‘As this matter is before the courts, Seven will not be commenting.’