On 15 April 2012, new changes to workplace relations laws came into force in the textile, clothing and footwear industry. These changes extend the coverage of the Fair Work Act 2009 to contract outworkers in the industry and effect right of entry provisions.
For more information, you can view the amendments to the legislation at the ComLaw website
.
For the purposes of the Fair Work Act 2009 an outworker is:
- a contractor who works in the textile, clothing or footwear industry at residential premises or at other premises that would not conventionally be regarded as being business premises, or
- an employee who, for the purpose of business of his/her employer, works at residential premises (e.g. in their own home) that would not normally be regarded as being business premises.
Minimum workplace conditions for outworkers
From 1 January 2010, the National Employment Standards (NES) replace the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard).
Employers (in the national system) who engage outworkers MUST provide them with the entitlements set out by the NES from 1 January 2010.
In addition they must pay the rate of pay under any relevant modern award or the national minimum wage.
Different conditions for outworkers
Some state laws contain conditions about outworkers, such as letting unions enter an employer's building to look at outworker records. These laws continue to apply. In addition, the Fair Work Act 2009 has special right of entry requirements for textile, clothing and footwear outworkers.